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Statutory Instruments
Exiting The European Union
Consumer Protection
Made
25th November 2020
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State has been designated(1) for the purposes of making regulations under section 2(2) of the European Communities Act 1972(2) in relation to measures relating to consumer protection.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(3).
A draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.
1.—(1) These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020.
(2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.
(3) Regulations 3 to 7 come into force immediately before IP completion day.
2.—(1) The Enterprise Act 2002(4) is amended as follows.
(2) In section 217 (enforcement orders), for subsection (12) substitute—
“(12) An enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
| England and Wales | The High Court | The county court |
| Scotland | The Court of Session | The sheriff |
| Northern Ireland | The High Court | A county court”. |
(3) In section 218 (interim enforcement order), for subsection (11) substitute—
“(11) An interim enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
| England and Wales | The High Court | The county court |
| Scotland | The Court of Session | The sheriff |
| Northern Ireland | The High Court | A county court”. |
(4) In section 218ZB (online interface orders), for subsection (4) substitute—
“(4) An online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
| England and Wales | The High Court | The county court |
| Scotland | The Court of Session | The sheriff |
| Northern Ireland | The High Court | A county court”. |
(5) In section 218ZC (interim online interface orders), for subsection (8) substitute—
“(8) An interim online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
| England and Wales | The High Court | The county court |
| Scotland | The Court of Session | The sheriff |
| Northern Ireland | The High Court | A county court”. |
3.—(1) The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019(5) are amended as follows.
(2) For regulation 2 (interpretation) substitute—
2. In these Regulations—
“the 2002 Act” means the Enterprise Act 2002(6);
“the 2020 Regulations” means the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020(7).”.
(3) In regulation 3 (amendment of the Enterprise Act 2002)—
(a)in paragraph (4), for sub-paragraph (b) substitute—
“(b)in subsection (5A), for “(being bodies or persons designated by the Secretary of State under Article 5(1) of the CPC Regulation) is a CPC enforcer” substitute “is a Schedule 13 enforcer”;”;
(b)after paragraph (9) insert—
“(9A) In section 218ZA (applications), in subsections (1) and (2), for “Community infringement” substitute “Schedule 13 infringement”.
(9B) In section 218ZB (online interface orders), in subsections (1)(a) and (3), for “Community infringement” substitute “Schedule 13 infringement”.
(9C) In section 218ZC (interim online interface orders), in subsection (1)(a) and (c), for “Community infringement” substitute “Schedule 13 infringement”.
(9D) In section 218ZD (online interface orders: supplementary), in subsection (3), for “Community infringements” substitute “Schedule 13 infringements”.”;
(c)for paragraph (10) substitute—
“(10) In section 218A (unfair commercial practices: substantiation of claims)—
(a)in subsection (1)—
(i)for “Community infringement” substitute “Schedule 13 infringement”;
(ii)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 2008(8)”;
(b)in subsection (2A)(b), for “Community infringement” substitute “Schedule 13 infringement”.”;
(d)for paragraph (12) substitute—
“(12) In section 219A (definition of enhanced consumer measures)—
(a)in subsection (2)(a)(ii), for “Community infringement” substitute “Schedule 13 infringement”;
(b)in subsection (5)(c), for “CPC enforcer” substitute “Schedule 13 enforcer”.”;
(e)after paragraph (12) insert—
“(12A) In section 219B (inclusion of enhanced consumer measures etc.), in subsections (4) and (4A), for “Community infringement” substitute “Schedule 13 infringement”.”;
(f)for paragraph (13) substitute—
“(13) In section 220 (further proceedings)—
(a)in subsection (2), for “CPC enforcer” substitute “Schedule 13 enforcer”;
(b)in subsection (5A)(b), for “Community infringement” substitute “Schedule 13 infringement”.”;
(g)for paragraph (17) substitute—
“(17) Omit section 235 (Injunctions Directive) and section 235A (CPC Regulation) (as substituted by the 2020 Regulations).”;
(h)for paragraph (20) substitute—
“(20) For Schedule 13 (Listed Directives and Regulations) (as amended by the 2020 Regulations), substitute the Schedule set out in the Schedule to these Regulations.”.
(4) In regulation 4 (amendment of the Consumer Rights Act 2015)—
(a)in paragraph (4), after “paragraph 4” insert “(as amended by the 2020 Regulations)”;
(b)in paragraph (9), after sub-paragraph (d) insert—
“(da)in sub-paragraph (3A), for “An EU enforcer” substitute “A Schedule 13 enforcer”;”.
(5) In regulation 7 (revocation of orders made under section 212(3) of the Enterprise Act 2002), after sub-paragraph (e) insert—
“(f)Part 3 (specification of UK law for the purpose of section 212(3) of the Enterprise Act 2002) of the 2020 Regulations.”.
(6) After regulation 7 insert—
7A. In the 2020 Regulations, omit regulation 5 (Financial Conduct Authority).”.
(7) For regulation 8 (revocation of Regulation (EC) No 2006/2004) substitute—
8. Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 is revoked.”.
(8) In regulation 9 (post-exit day enforcement of Community infringements: general rule)—
(a)in the heading of that regulation, for “Post-exit day” substitute “Post-IP completion day”;
(b)in paragraph (1), for “exit day” substitute “IP completion day”.
(9) For regulation 10 (post-exit day enforcement of Community infringements: exceptions to general rule) substitute—
10.—(1) Subject to paragraph (2), a Community enforcer may not, after IP completion day, exercise any function under Part 8 of the 2002 Act.
(2) A Community enforcer may continue any proceedings relating to an application to court made under that Part prior to IP completion day.
(3) In this regulation, “Community enforcer” has the meaning given by section 213 of the 2002 Act immediately before these Regulations come into force.
(4) Regulation 9 does not apply to regulation 3(4)(c).”.
(10) In the Schedule (substituted Schedule 13 to the Enterprise Act 2002)—
(a)for paragraph 1 substitute—
“1. Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973(9), 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(10), by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015(11).”;
(b)after paragraph 9 insert—
“9A. Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000(12) which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010(13).”;
(c)after paragraph 10 insert—
“10A. Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003(14).”;
(d)after paragraph 18 insert—
“18A. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air(15).
18B. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations(16).
18C. Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008(17).”;
(e)after paragraph 20 insert—
“20A. Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community(18).”;
(f)after paragraph 21 insert—
“21A. The Rail Passengers’ Rights and Obligations Regulations 2010(19).
21B. Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004(20).”;
(g)after paragraph 22 insert—
“22A. Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004(21).”;
(h)after paragraph 24 insert—
“24A. The Merchant Shipping (Passengers’ Rights) Regulations 2013(22).
24B. The Operation of Air Services in the Community (Pricing etc.) Regulations 2013(23).
24C. The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013(24).”;
(i)after paragraph 25 insert—
“25A. The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014(25).
25B. The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014(26).
25C. The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014(27).”;
(j)after paragraph 28 insert—
“28A. Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015(28).
28B. The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017(29).”.
4.—(1) The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018(30) are amended as follows.
(2) After regulation 1 (citation and commencement) insert—
1A.—(1) Part 4A of these Regulations extends to England and Wales and Scotland only.
(2) Part 4B of these Regulations extends to Northern Ireland only.”.
(3) Omit regulation 4 (amendment of the Crystal Glass (Descriptions) Regulations 1973(31)).
(4) Omit regulation 5 (amendment of the Footwear (Indication of Composition) Labelling Regulations 1995(32)).
(5) In regulation 7 (amendment of the Consumer Rights (Payment Surcharges) Regulations 2012(33)), in paragraph (2)(a), for “exit day” substitute “IP completion day”.
(6) In regulation 9 (amendment of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015(34)), in paragraph (4), for “exit day” substitute “IP completion day”.
(7) After regulation 9 insert—
9A.—(1) The Crystal Glass (Descriptions) Regulations 1973 are amended as follows.
(2) In regulation 4(2) omit from “Provided that” to the end.
(3) In regulation 7 omit from “to a country” to the end.
9B.—(1) The Footwear (Indication of Composition) Labelling Regulations 1995 are amended as follows.
(2) In regulation 2 (interpretation)—
(a)omit the definition of “the European Union”;
(b)in the definition of “responsible person”—
(i)in sub-paragraph (b), for “the European Union” substitute “Great Britain”;
(ii)for sub-paragraph (c) substitute—
“(c)where neither the manufacturer nor his authorised agent is established in Great Britain, the person who first places the footwear on the market in Great Britain;”.
(3) In regulation 5(4) (labelling requirements), for “the European Union” substitute “Great Britain”.
9C.—(1) The Crystal Glass (Descriptions) Regulations 1973 are amended as follows.
(2) In regulation 4(2), for “another Member State” substitute “a Member State”.
9D.—(1) The Footwear (Indication of Composition) Labelling Regulations 1995 are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “responsible person”—
(a)in sub-paragraph (b), after “European Union” insert “or in Northern Ireland”;
(b)for sub-paragraph (c) substitute—
“(c)where neither the manufacturer nor his authorised agent is established in the European Union or in Northern Ireland, the person who first places the footwear on the market in the European Union or in Northern Ireland;”.
(3) In regulation 5(4) (labelling requirements), after “the European Union” insert “or in Northern Ireland”.”.
(8) In regulation 11 (transitional provision), for “exit day” substitute “IP completion day”.
5.—(1) The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018(35) are amended as follows.
(2) In regulation 1 (citation, commencement and application), in paragraph (2), for “exit day” substitute “IP completion day”.
6.—(1) The Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018(36) are amended as follows.
(2) In regulation 3 (transitional provision), for “exit day” substitute “IP completion day”.
7.—(1) The Textile Products (Amendment) (EU Exit) Regulations 2018(37) are amended as follows.
(2) In regulation 3 (amendment of Regulation (EU) No 1007/2011 of the European Parliament and of the Council)—
(a)in paragraph (2), for “United Kingdom market” substitute “market in Great Britain”;
(b)for paragraph (3) substitute—
“(3) In Article 3 (definitions), in paragraph (2), omit “‘importer’,” and “‘harmonised standard’,”.”;
(c)for paragraph (7) substitute—
“(7) In Article 15 (obligation to supply the label or marking), in paragraph 1—
(a)for “the Union” substitute “Great Britain”;
(b)for “the importer” substitute “the person placing the textile product on the market in Great Britain”.”;
(d)in paragraph (8), for new paragraph 4 of Article 16 of Regulation (EU) No 1007/2011, which is to be inserted by paragraph (8), substitute—
“4. Textile products which comply with Article 16(3) of Regulation (EU) No 1007/2011(38) as it applies in the European Union and which are placed on the market in Great Britain before IP completion day, may continue to be made available on the market in Great Britain during the period of two years beginning with IP completion day.”;
(e)in paragraph (9)(b), for “in the United Kingdom” substitute “in Great Britain”;
(f)in paragraph (14), in sub-paragraph (b) for “the law of the United Kingdom or any part of the United Kingdom” substitute “the law in England and Wales or Scotland”.
Paul Scully
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
25th November 2020
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c. 68) and section 8(1) of the European Union (Withdrawal) Act 2018 (c.16), in the latter case to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.
Regulation 2 amends Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation). The amendments specify the courts which are to be treated as having made an order under Part 8 where that order has been made by a court in another part of the United Kingdom. This amendment is made in consequence of the Fourteenth Report of session 2019-21 of the House of Lords and House of Commons Joint Committee on Statutory Instruments in relation to the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484).
Regulation 3 amends the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203) (“the 2019 EU Exit Regulations”). The amendments ensure that the 2019 EU Exit Regulations revoke Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ L No. 345, 27.12.2017, p. 1), which has replaced 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 (OJ L No. 364, 9.12.2004, p. 1), and take into account the changes made to domestic legislation by the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484). Regulation 3 also modifies the transitional provisions of the 2019 EU Exit Regulations.
Regulations 4 to 7 amend other Regulations dealing with consumer protection made under section 8(1) of the European Union (Withdrawal) Act 2018 (“other EU Exit Regulations”). These amendments are made in consequence of the inclusion of EU legislation relating to crystal glass, footwear and textile products in Annex 2 to the Protocol on Ireland / Northern Ireland of the EU withdrawal agreement. The purpose of the amendments is to remove Northern Ireland from arrangements that are due to take effect at the end of the transition period and to make consequential changes in respect of Great Britain and Northern Ireland. Regulations 4 to 7 also replace references to “exit day” in the other EU Exit Regulations with “IP completion day” where necessary.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum is available with these Regulations on www.legislation.gov.uk. Copies have been placed in the Libraries of both Houses of Parliament.
S.I. 1993/2661. S.I. 1993/2661 revoked by regulation 2 of, and the Schedule to, S.I. 2018/1011 with effect from exit day but continues to have effect by virtue of the saving for EU-derived domestic legislation for the implementation period under section 1B of the European Union (Withdrawal) Act 2018 (c. 16) as inserted by section 2 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).
1972 c. 68. The European Communities Act 1972 repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day but continues to have effect by virtue of section 1A of that Act as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
2002 c. 40. Sections 218ZB and 218ZC inserted by S.I. 2020/484.
Part 8 of the Enterprise Act 2002, which the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 amend, amended by the Civil Partnership Act 2004 (c. 33), section 261(1), Schedule 27, paragraph 169, S.I. 2006/3363, S.I. 2007/528, S.I. 2008/1277, S.I. 2009/1941, S.I. 2011/1043, S.I. 2011/1208, the Financial Services Act 2012 (c. 21), section 114(1), Schedule 18, paragraphs 95(1) and (2), the Crime and Courts Act 2013 (c. 22), section 17(5), Schedule 9, Part 3, paragraphs 81(b) and (c), S.I. 2013/783, S.I. 2014/631, S.I. 2014/892, the Consumer Rights Act 2015 (c. 15), section 77(2), Schedule 6, paragraphs 67 to 80, section 79(1), Schedule 7, the Digital Economy Act 2017 (c. 30), section 4(10), Schedule 3, Part 2, paragraphs 42 and 44, S.I. 2018/378 and S.I. 2018/634. Section 243 amended by the Financial Services Act 2012 (c. 21), section 114(2), Schedule 19. Schedule 13 amended by S.I. 2004/2095, S.I. 2005/2759, S.I. 2006/3363, S.I. 2008/1277, S.I. 2009/2999, S.I. 2010/1010, S.I. 2010/2960, S.I. 2011/1208, S.I. 2014/2908, S.I. 2015/542, S.I. 2015/1392, S.I. 2015/1911, S.I. 2017/752, S.I. 2018/634, S.I. 2018/1153 and S.I. 2020/484.
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.
1973 c.13, amended (in relation to the relevant sections) by the Consumer Credit Act 1974 (c.39), section 192(3)(a) and Schedule 4, paragraph 35; the Sale and Supply of Goods Act 1994 (c. 35), section 7 and Schedule 2, paragraphs 4(1), (3), (4) and (5); S.I. 2002/3045 and the Consumer Rights Act 2015 (c. 15), section 60 and Schedule 1, paragraphs 1, 2 and 3.
2015 c. 15. Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973 (c. 13), pursuant to their amendment by section 60 and Schedule 1, paragraphs 1 and 2, of the 2015 Act, apply to a “relevant hire-purchase agreement” which, by virtue of the amendment of section 15(1) of the 1973 Act by paragraphs 7(1) and (2)(a) of that Schedule, 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).
S.I. 2015/1630. The saving under article 6(1)(a) relates to contracts entered into before 1st October 2015.
2000 c. 8. Sections 137A, 137R and 137T inserted by the Financial Services Act 2012 (c. 21), section 24(1). The sections amended by S.I. 2015/910, S.I. 2017/701, S.I. 2018/546, the Financial Guidance and Claims Act 2018 (c. 10), section 27(1) and (5), S.I. 2018/1115 and S.I. 2018/1149.
OJ L 60, 28.2.2014, p. 34–85.
2003 c. 21. Sections 368F, 368G and 368H inserted by S.I. 2009/2979. The relevant sections amended by S.I. 2010/419, S.I. 2010/831, S.I. 2016/507 and S.I. 2019/224.
Amended by S.I. 2019/278.
Amended by S.I. 2018/1165.
S.I. 2008/1276, amended by S.I. 2013/783, S.I. 2013/2701 and S.I. 2014/549.
Amended by S.I. 2018/1392.
S.I. 2010/1504, amended by S.I. 2010/2317, S.I. 2015/1682 and S.I. 2018/1165.
Amended by S.I. 2019/649.
Amended by S.I. 2019/141.
S.I. 2013/425, amended by S.I. 2019/649.
S.I. 2013/486, amended by S.I. 2014/549 and S.I. 2018/1392.
S.I. 2013/1865, amended by S.I. 2017/99 and S.I. 2019/141.
S.R. 2014 No. 180, amended by S.R. 2017 No. 127, S.I. 2019/141 and S.R. 2019 No. 6.
S.I. 2014/2833, amended by S.I. 2016/729.
S.I. 2015/2038, amended by S.I. 2017/692, S.I. 2017/752, S.I. 2019/383 and S.I. 2019/661.
S.R. 2017 No. 84, amended by S.I. 2018/1165.
S.I. 1973/1952, amended by S.I. 2011/1043.
OJ L No. 272, 18.10.2011, p.1.
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