2019 No. 203
The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1Introduction
Citation and commencement1
These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
Interpretation2
In these Regulations, “the 2002 Act” means the Enterprise Act 20022.
PART 2Amendment of primary legislation
Amendment of the Enterprise Act 20023
1
The 2002 Act is amended as follows.
2
In section 210 (consumers)—
a
in subsection (6)—
i
for “Community infringement” substitute “Schedule 13 infringement”;
ii
for paragraphs (a) and (b) substitute “the listed enactment concerned”;
b
after subsection (6) insert—
6A
An enactment is a listed enactment if it is specified in Schedule 13 or to the extent that it is so specified.
6B
References to an enactment include—
a
references to subordinate legislation (within the meaning of the Interpretation Act 19783);
b
for the purposes of paragraph 6 of Schedule 13, references to a rule of law in Scotland;
c
for the purposes of paragraph 16 of Schedule 13, references to rules forming part of the law of any part of the United Kingdom made other than under an Act.
c
omit subsections (7) and (7A).
3
For section 212 (Community infringements), substitute—
212Schedule 13 infringements
1
In this Part a Schedule 13 infringement is an act or omission which contravenes a listed enactment and which harms the collective interests of consumers.
2
References to a listed enactment must be construed in accordance with section 210.
4
In section 213 (enforcers)—
a
omit subsection (5);
b
in subsection (5A), for “(being bodies or persons designated by the Secretary of State under Article 4(1) or 4(2) of the CPC Regulation) is a CPC enforcer” substitute “is a Schedule 13 enforcer”;
c
omit subsections (10) and (11).
5
In section 214 (consultation), in subsection (2)(d), for “Community infringement” substitute “Schedule 13 infringement”.
6
In section 215 (applications)—
a
in subsection (1), for “Community infringement” substitute “Schedule 13 infringement” in both places where it occurs;
b
omit subsection (4);
c
in subsection (4A)—
i
for “CPC enforcer” substitute “Schedule 13 enforcer”;
ii
for “Community infringement” substitute “Schedule 13 infringement”;
d
omit subsections (6), (7) and (8).
7
In section 216 (applications: directions by CMA), omit subsection (6).
8
In section 217 (enforcement orders), in subsection (2), for “Community infringement” substitute “Schedule 13 infringement”.
9
In section 218 (interim enforcement order)—
a
in subsection (1)(a), for “Community infringement” substitute “Schedule 13 infringement” in both places where it occurs;
b
in subsection (4), for “Community infringement” substitute “Schedule 13 infringement”.
10
In section 218A (unfair commercial practices: substantiation of claims), in subsection (1)—
a
for “Community infringement” substitute “Schedule 13 infringement”;
b
for the words from “Directive 2005/29/EC of the European Parliament” to the end of the subsection, substitute “the Consumer Protection from Unfair Trading Regulations 20084”.
11
In section 219 (undertakings)—
a
in subsection (3)(c), for “Community infringement” substitute “Schedule 13 infringement”;
b
in subsection (5A), for “CPC enforcer” substitute “Schedule 13 enforcer”;
c
in subsection (5B)—
i
for “CPC enforcer” substitute “Schedule 13 enforcer”;
ii
for “Community infringement” substitute “Schedule 13 infringement”.
12
In section 219A (definition of enhanced consumer measures), in subsection (5)(c), for “CPC enforcer” substitute “Schedule 13 enforcer”.
13
In section 220 (further proceedings), in subsection (2), for “CPC enforcer” substitute “Schedule 13 enforcer”.
14
Omit section 221 (Community infringements: proceedings).
15
In section 222 (bodies corporate: accessories), in subsection (1), for “Community infringement” substitute “Schedule 13 infringement”.
16
In section 229 (advice and information), in subsection (6), for “general or CPC enforcer or a designated enforcer” substitute “enforcer”.
17
Omit sections 235 (Injunctions Directive) and 235A (CPC Regulation).
18
In section 235B (dual enforcers), for “CPC enforcer” substitute “Schedule 13 enforcer” in both places where it occurs.
19
In section 2435 (overseas disclosures), in subsection (12)(c), for “an order under section 212(3)” substitute “Schedule 13”.
20
For Schedule 13 (Listed Directives and Regulations), substitute the Schedule set out in the Schedule to these Regulations.
Amendment of the Consumer Rights Act 20154
1
Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 20156 is amended as follows.
2
In paragraph 2 (enforcers), for “an EU enforcer” substitute “a Schedule 13 enforcer” in both places where it occurs.
3
In the italic heading before paragraph 4, for “EU enforcers” substitute “Schedule 13 enforcers”.
4
For paragraph 4 substitute—
4
In this Schedule “Schedule 13 enforcer” means a person or body which is a Schedule 13 enforcer under section 213(5A) of the Enterprise Act 2002.
5
In paragraph 8 (interpretation of other terms), for “Community infringement” substitute “Schedule 13 infringement”.
6
In paragraph 13 (exercise of powers in this Part)—
a
omit sub-paragraph (2)(c);
b
in sub-paragraph (3), for “an EU enforcer” substitute “a Schedule 13 enforcer”;
c
in sub-paragraph (10), omit the definition of “Community enforcer”.
7
In the heading of Part 4, for “EU enforcers” substitute “Schedule 13 enforcers”.
8
In the italic heading before paragraph 20, for “EU enforcers” substitute “Schedule 13 enforcers”.
9
In paragraph 20—
a
in sub-paragraph (1), for “an EU enforcer” substitute “a Schedule 13 enforcer”;
b
in sub-paragraph (2)—
i
for “an EU enforcer” substitute “a Schedule 13 enforcer”;
ii
for “CPC enforcer” substitute “Schedule 13 enforcer”;
c
in sub-paragraph (3), for “EU enforcer” substitute “Schedule 13 enforcer”;
d
in sub-paragraph (3)(a), for “Community infringement” substitute “Schedule 13 infringement”;
e
in sub-paragraphs (4) and (5), for “An EU enforcer” substitute “A Schedule 13 enforcer”;
f
in sub-paragraph (5)(a), for “Community infringement” substitute “Schedule 13 infringement”;
g
in sub-paragraph (6), for “An EU enforcer” substitute “A Schedule 13 enforcer”.
10
In paragraph 32 (power to enter premises with warrant)—
a
in sub-paragraph (3)(b)—
i
for “an EU enforcer” substitute “a Schedule 13 enforcer”;
ii
for “Community infringement as defined in section 212 of the Enterprise Act 2002” substitute “Schedule 13 infringement”;
b
in sub-paragraph (3)(c), for “an EU enforcer” substitute “a Schedule 13 enforcer”.
11
In paragraph 41 (compensation)—
a
in sub-paragraph (4), for “an EU enforcer” substitute “a Schedule 13 enforcer”;
b
in sub-paragraph (4)(a), for “Community infringement” substitute “Schedule 13 infringement”.
Amendment of the Data Protection Act 20185
In Part 2 of Schedule 2 (Exemptions etc from the GDPR) to the Data Protection Act 20187—
a
in the table in paragraph 11, omit row 10 (consumer protection enforcer);
b
in paragraph 12, omit the definitions of “consumer protection enforcer” and “CPC Regulation”.
PART 3Amendment and revocation of subordinate legislation
Amendment of the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 20036
In the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 20038, in article 3 (criteria for designation)—
a
in paragraph (b), for “Community infringements” substitute “Schedule 13 infringements”;
b
in paragraph (f)—
i
omit “and Community enforcers”;
ii
for “Community infringements” substitute “Schedule 13 infringements”.
Revocation of orders made under section 212(3) of the Enterprise Act 20027
The following are revoked—
a
the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 20039;
b
the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) (Amendment) Order 200510;
c
the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 200611;
d
the Enterprise Act 2002 (Part 8 EU Infringements) Order 201412;
e
the Enterprise Act 2002 (Part 8 Community Infringements and Specified UK Laws) (Amendment) Order 201513.
PART 4Revocation of retained direct EU legislation
Revocation of Regulation (EC) No 2006/20048
Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws is revoked.
PART 5Transitional provisions
Post-exit day enforcement of Community infringements: general rule9
1
Subject to regulation 10, the amendments in regulations 3 and 4 and the revocations in regulation 7 do not apply in relation to any Community infringement or suspected Community infringement to the extent that it occurred (or is suspected to have occurred) before exit day.
2
“Community infringement” has the meaning given by section 212 of the 2002 Act before these Regulations come into force.
Post-exit day enforcement of Community infringements: exceptions to general rule10
1
A Community enforcer may not, after exit day—
a
exercise any function under Part 8 of the 2002 Act, or
b
continue any proceedings relating to an application made to a court under that Part prior to exit day, and any such proceedings that have not been determined before exit day are deemed to be withdrawn.
2
The deemed withdrawal of proceedings under paragraph (1)(b) does not prevent another enforcer from making an application to court under Part 8 of the 2002 Act in relation to the infringement, or suspected infringement, in question.
3
In paragraph (1) a “Community enforcer” has the meaning given by section 213 of the 2002 Act before these Regulations come into force and in paragraph (2) “another enforcer” means an enforcer under that section after these Regulations come into force.
4
Regulation 9 does not apply to regulation 3(4)(c).
SCHEDULESubstituted Schedule 13 to the Enterprise Act 2002
SCHEDULE 13Listed enactments
1
Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 197314.
2
The Consumer Credit Act 197415 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.
3
Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 197716, to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by the Consumer Rights Act 201517, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 201518.
4
Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 197919, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 201520, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
5
Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 201521, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
6
Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 198222, and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 201523, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
7
Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 201524, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
8
9
The Unfair Terms in Consumer Contracts Regulations 199927, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by the Consumer Rights Act 201528, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
10
11
Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 200231.
12
Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 200232, to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the Consumer Rights Act 201533, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.
13
Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 200334.
14
The Price Marking Order 200435.
15
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.
16
17
The Price Marking Order (Northern Ireland) 200438.
18
The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 200539.
19
The Consumer Protection from Unfair Trading Regulations 200840.
20
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 200841, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 201342.
21
The Provision of Services Regulations 200943.
22
The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 201044.
23
Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 201245.
24
Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 201246.
25
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 201347.
26
Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 201548.
27
Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, the Consumer Rights Act 201549.
28
Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions.
29
The Package Travel and Linked Travel Arrangements Regulations 201850.
(This note is not part of the Regulations)