The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

Regulation 3(20)

SCHEDULE Substituted Schedule 13 to the Enterprise Act 2002

Sections 210 and 243(12)(c)

“SCHEDULE 13 Listed enactments

1.   Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973(1).

2.   The Consumer Credit Act 1974(2) 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 1977(3), 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 2015(4), by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015(5).

4.   Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979(6), 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 2015(7), 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 2015(8), 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 1982(9), 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 2015(10), 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 2015(11), by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

8.   The Package Travel, Package Holidays and Package Tours Regulations 1992(12), to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018(13).

9.   The Unfair Terms in Consumer Contracts Regulations 1999(14), 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 2015(15), by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

10.   The Consumer Protection (Distance Selling) Regulations 2000(16), to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(17).

11.   Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002(18).

12.   Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(19), 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 2015(20), 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 2003(21).

14.   The Price Marking Order 2004(22).

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.   The Financial Services (Distance Marketing) Regulations 2004(23) and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000(24).

17.   The Price Marking Order (Northern Ireland) 2004(25).

18.   The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005(26).

19.   The Consumer Protection from Unfair Trading Regulations 2008(27).

20.   The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008(28), 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 2013(29).

21.   The Provision of Services Regulations 2009(30).

22.   The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010(31).

23.   Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012(32).

24.   Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012(33).

25.   The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(34).

26.   Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015(35).

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 2015(36).

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 2018(37).”

(1)

1973 c.13, amended (in relation to the relevant sections) by the Consumer Credit Act 1974 (c.39), section 192(3)(a), Schedule 4, paragraph 35, the Sale and Supply of Goods Act 1994 (c. 35), section 7, Schedule 2, paragraphs 4(3), (4) and (5), S.I. 2002/3045, the Consumer Rights Act 2015 (c.15), section 60, Schedule 1, paragraphs 1, 2 and 3. As a result of the amendments made by the Consumer Rights Act 2015, sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973 apply to a “relevant hire purchase agreement” which, by virtue of the amendment of section 15(1) of the 1973 Act by section 60, Schedule 1, paragraphs 1, 7(1) and (2)(a) of the 2015 Act, does not include a contract to which Chapter 2 of Part 1 of the 2015 Act applies (contract for a trader to supply goods to a consumer) but, by virtue of article 6(1)(a) of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), the amendments do not apply to contracts entered into before 1st October 2015.

(2)

1974 c. 39, amended by S.I. 1983/1878, the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 10(2), Schedule 2, the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), section 2(1), Schedule 1, paragraph 26, the Friendly Societies Act 1992 (c. 40), section 120(2), Schedule 22, Part 1, the Tribunal and Inquiries Act 1992 (c. 53), section 18(2), Schedule 4, Part 1, S.I. 1992/231, S.I. 1992/3218, the Charities Act 1993 (c. 10), section 98(1), Schedule 6, paragraph 30, the Railways Act 1993 (c. 43), section 152(1), Schedule 12, paragraph 8, the Local Government (Wales) Act 1994 (c. 19), section 66(6), Schedule 16, paragraph 45, section 66(8), Schedule 18, the Coal Industry Act 1994 (c. 21), section 67(1), Schedule 9, paragraph 15, the Law of Property (Miscellaneous Provisions) Act 1994 (c. 36), section 21(1), Schedule 1, paragraph 6, the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(1), Schedule 13, paragraph 94, S.I. 1995/3275, the Arbitration Act 1996 (c. 23), section 107(1), Schedule 3, paragraph 28, S.I. 1996/275, the Bank of England Act 1998 (c. 11), section 23(1), Schedule 5, Part I, paragraph 36, Part IV, paragraph 60, the Data Protection Act 1998 (c. 29), section 62, the Government of Wales Act 1998 (c. 38), section 152, Schedule 18, Part VI, S.I. 1998/997, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 165(1), Schedule 9, paragraph 45, the Freedom of Information Act 2000 (c. 36), section 18(4), Schedule 2, Part 1, paragraph 7, S.I. 2000/2334, S.I. 2001/544, S.I. 2001/3649, S.I. 2001/4050, the Land Registration Act 2002 (c. 9), section 133, Schedule 11, paragraph 11, the Enterprise Act 2002 (c. 40), section 278(1), Schedule 25, paragraph 6, S.I. 2003/1374, S.I. 2003/1475, the Civil Partnership Act 2004 (c. 33), section 261(1), Schedule 27, paragraphs 50 and 51, section 261(4), Schedule 30, S.I. 2004/3236, the Mental Capacity Act 2005 (c. 9), section 67(1), Schedule 6, paragraph 21, S.I. 2005/2967, S.I. 2005/3129, the Consumer Credit Act 2006 (c. 14), sections 1 to 15, 16(1)-(3), 17 to 55(1), 55(2), Schedule 1, 56 to 58(1)-(4), 61(1), 62 to 65, 70, Schedule 4, the Charities Act 2006 (c. 50), section 75(1), Schedule 8, paragraph 56, S.I. 2006/242, S.I. 2006/2383, S.I. 2006/3221, the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 50(6), Schedule 10, Part 1, paragraph 11, section 146, Schedule 23, Part1, the Legal Services Act 2007 (c. 29), section 208(1), Schedule 21, paragraph 31, S.I. 2007/126, S.I. 2008/733, S.I. 2008/1277, S.I. 2008/1816, S.I. 2008/2826, S.I. 2008/3002, S.I. 2009/1835, S.I. 2010/866, S.I. 2010/1010, the Energy Act 2011 (c. 16), sections 25 to 29, S.I. 2011/99, the Financial Services Act 2012 (c. 21), section 108, section 114(1), Schedule 18, Part 2, paragraph 37, S.I. 2012/2404, S.I. 2013/1881, S.I. 2013/1882, S.I. 2013/3115, S.I. 2014/366, S.I. 2014/436, S.I. 2014/560, the Consumer Rights Act 2015, section 77(2), Schedule 6, paragraphs 12 to 18, S.I. 2015/910, S.I. 2016/392, S.I. 2017/752, the Data Protection Act 2018 (c. 12), section 211(1)(a), Schedule 19, Part 1, paragraphs 7 to 10 and S.I. 2018/1038.

(3)

1977 c.50, amended (in relation to section 21) by the Supply of Goods and Services Act 1982 (c. 29), section 11B(6) and S.I. 2005/871).

(4)

2015 c. 15. Sections 6(2), 7(2), 20(2) and 27(2)(b) of the Unfair Contract Terms Act 1977 (c. 50) repealed by the Consumer Rights Act 2015, section 75, Schedule 4, paragraphs 2, 8(1) and (3), 9(1) and (3), 19(1) and (3) and 24(1) and (2). Sections 7(1) and 21 of the Unfair Contract Terms Act 1977 do not apply to consumer contracts by virtue of sections 7(4A) and 21(3B) of that Act inserted by the Consumer Rights Act 2015, section 75, Schedule 4, paragraphs 9(4) and 20(4).

(5)

S.I. 2015/1630. The saving under article 6(1) relates to contracts entered into, and notices provided or communicated, before 1st October 2015 within the scope of the provisions brought into force by sub-paragraphs (a) to (c) and (g) of article 3. Under article 6(2), provisions brought into force by article 4 (contracts to supply a consumer transport service) do not apply to a contract to supply a consumer transport service entered into before 1 October 2016. There are specific transitional provisions in relation to the Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045) and the Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083) in articles 6(3) and 6(4) respectively.

(6)

1979 c. 54, amended (in relation to the relevant sections) by the Sale and Supply of Goods Act 1994 (c. 35), sections 1, 5(1) and 7, Schedule 2, paragraph 5(1), (4), (5) and (6) and S.I. 2002/3045.

(7)

Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979 (c. 54) amended by the Consumer Rights Act 2015 (c. 15), section 60, Schedule 1, paragraphs 8, 12, 13(1) and (3), 14, 16(1) and (2), 17(1) and 21, so that they do not apply to a contract to which Chapter 2 of Part 1 of the 2015 Act applies (contract for a trader to supply goods to a consumer).

(8)

Sections 48A to 48F of the Sale of Goods Act 1979 (c. 54) inserted by S.I. 2002/3045 and repealed by the Consumer Rights Act 2015 (c. 15), section 60, Schedule 1, paragraphs 8 and 27.

(9)

1982 c. 29, amended (in relation to the relevant sections) by the Sale and Supply of Goods Act 1994 (c. 35), section 6, Schedule 1, paragraph 1, section 7(1), Schedule 2, paragraph 6(1), (3) and (4), section 7(2), Schedule 3 and S.I. 2002/3045.

(10)

Sections 3 to 5 and 11C to 11E of the Supply of Goods and Services Act 1982 (c. 29) amended by the Consumer Rights Act 2015 (c.15), section 60, Schedule 1, paragraphs 37 and 38(a), so that those sections apply to a “relevant contract for the transfer of goods” which, by virtue of the amendment of section 1(1) of the 1982 Act by paragraph 39, does not include a contract to which Chapter 2 of Part 1 of the 2015 Act applies (contract for a trader to supply goods to a consumer). Section 13 of the Supply of Goods and Services Act 1982 amended by the Consumer Rights Act 2015, section 60, Schedule 1, paragraphs 37 and 38(c) so that section 13 of the 1982 Act applies to a relevant contract for the supply of a service which, by virtue of the amendment of section 12(1) of the 1982 Act by paragraph 51, does not include a contract to which Chapter 4 of Part 1 of the 2015 Act applies (contract for a trader to supply a service to a consumer).

(11)

Sections 11M to 11S inserted by S.I. 2002/3045 and repealed by the Consumer Rights Act 2015 (c. 15), section 60 and Schedule 1, paragraphs 37 and 50.

(12)

S.I. 1992/3288, amended by S.I. 1995/1648, S.I. 1998/1208, S.I. 2003/1376, S.I. 2003/1400, S.I. 2011/1043, S.I. 2015/1630.

(13)

S.I. 1992/3288 revoked by regulation 37(1) of S.I. 2018/634 but the revocation does not, by virtue of regulation 37(2), have effect in relation to any contract concluded before 1st July 2018.

(14)

S.I. 1999/2083, amended by S.I. 2001/1186, S.I. 2001/3649, S.I. 2003/3182, S.I. 2004/2095, S.I. 2006/523, S.I. 2011/1043, S.I. 2013/472, S.I. 2013/783, S.I. 2013/1865, S.I. 2014/549.

(15)

S.I. 1999/2083 revoked by the Consumer Rights Act 2015 (c. 15), section 75, Schedule 4, paragraph 34.

(16)

S.I. 2000/2334, amended by S.I. 2004/2095, S.I. 2005/55, S.I. 2005/689, S.I. 2008/1277, S.I. 2009/209, S.I. 2010/2960, S.I. 2013/783 and S.I. 2014/549.

(17)

S.I. 2013/3134. Regulation 2(a) of S.I. 2013/3134 provides that S.I 2000/2334 does not apply to contracts entered into on or after 13th June 2014.

(18)

S.I. 2002/2013, amended by S.I. 2019/87.

(19)

S.I. 2002/3045, amended (in relation to regulation 15) by S.I. 2008/1277.

(20)

S.I. 2002/3045 revoked by the Consumer Rights Act 2015 (c. 15), section 60 and Schedule 1, paragraph 53.

(21)

S.I. 2003/2426, amended (in relation to the relevant regulations) by S.I. 2004/1039, S.I. 2011/1208, S.I. 2016/524, S.I. 2016/1177 and the Financial Guidance and Claims Act 2018 (c. 10), section 35.

(22)

S.I. 2004/102, amended by S.I. 2009/3231, S.I. 2014/1855 and S.I. 2015/1630.

(23)

S.I. 2004/2095, amended by S.I. 2007/108, S.I. 2008/1277, S.I. 2009/209, S.I. 2010/1010, S.I. 2010/2960, S.I. 2011/99, S.I. 2011/1043, S.I. 2012/1809, S.I. 2013/472, S.I. 2013/1881, S.I. 2013/3134, S.I. 2014/208 and S.I. 2017/752.

(24)

2000 c. 8.

(25)

S.R. 2004 No. 368, amended by S.R. 2011 No. 330 and S.R. 2014 No. 223.

(26)

S.I. 2005/975, amended by S.I. 2016/729.

(27)

S.I. 2008/1277, amended by S.I. 2011/1043, S.I. 2011/2085, S.I. 2013/783, S.I. 2013/3134, S.I. 2014/549, S.I. 2014/870, the Consumer Rights Act 2015 (c.15), section 60, Schedule 1, paragraph 55(b), section 77(2), Schedule 6, paragraph 85(j), S.I. 2015/1629, S.I. 2015/1630 and S.I. 2018/1326.

(28)

S.I. 2008/1816, amended by S.I. 2010/1010, S.I. 2013/1881 and S.I. 2017/488.

(29)

Regulation 2(b) provides that S.I. 2000/2334 does not apply to contracts entered into on or after 13th June 2014.

(30)

S.I. 2009/2999, amended by S.I. 2010/252, S.I. 2011/1043, S.I. 2012/1809, S.I. 2013/3115, S.I. 2014//1937, S.I. 2015/102, S.I. 2015/2059 and the Data Protection Act 2018 (c. 12), section 211(1)(b), Schedule 19, Part 2, paragraph 342, and S.I. 2018/1329.

(31)

S.I. 2010/2960, amended by the Consumer Rights Act 2015 (c. 15), section 77(2), Schedule 6, paragraph 85(k), S.I. 2015/1630, S.I. 2018/634 and S.I. 2018/1397.

(32)

S.I. 2012/1916, amended (in relation to the relevant regulations) by S.I. 2014/324 and S.I. 2014/1878.

(33)

S.I. 2012/3110, amended (in relation to the relevant regulations) by S.I. 2013/761, 2014/549, S.I. 2017/752 and S.I. 2018/1326.

(34)

S.I. 2013/3134, amended by S.I. 2014/870, S.I. 2015/1629, S.I. 2015/1726, S.I. 2018/634 and S.I. 2018/1326.

(35)

S.I. 2015/542, amended (in relation to the relevant regulations) by S.I. 2015/1392 and S.I. 2018/1326.

(36)

2015 c. 15, amended (in relation to the relevant provisions) by S.I. 2015/1682, the Housing and Planning Act 2016 (c. 22), section 132(4), S.I. 2018/1326 and regulation 4 of these Regulations.

(37)

S.I. 2018/634, amended by S.I. 2018/1367.