SCHEDULE 2Amendments
PART 2Amendments to other legislation
Tourism (Sleeping Accommodation Price Display) Order 197776
The Tourism (Sleeping Accommodation Price Display) Order 197754 is revoked.
Weights and Measures (Northern Ireland) Order 198177
Article 22(2) of the Weights and Measures (Northern Ireland) Order 198155 is revoked.
Road Vehicles (Construction and Use) Regulations 198678
Regulation 5 of the Road Vehicles (Construction and Use) Regulations 198656 (Trade Descriptions Act 1968) is revoked.
The Companies (Northern Ireland) Order 198679
In Schedule 15D57 (Disclosures) to the Companies (Northern Ireland) Order 1986 in paragraph 16—
a
omit sub-paragraph (h), and
b
after sub-paragraph (i) insert—
j
the Business Protection from Misleading Marketing Regulations 2008;
k
the Consumer Protection from Unfair Trading Regulations 2008.
Consumer Protection (Northern Ireland) Order 198780
Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 198758 are revoked.
Control of Misleading Advertisements Regulations 198881
The Control of Misleading Advertisements Regulations 198859 are revoked.
Road Vehicles Lighting Regulations 198982
Regulation 10 of the Road Vehicles Lighting Regulations 198960 (provision as respects the Trade Descriptions Act 1968) is revoked.
Estate Agents (Specified Offences) (No. 2) Order 199183
1
The Schedule to the Estate Agents (Specified Offences) (No.2) Order 199161 (specified offences) is amended as follows.
2
Omit the entry for the Consumer Protection Act 1987.
3
Omit the entry for the Consumer Protection (Northern Ireland) Order 1987.
4
Immediately before the entry for the Property Misdescriptions Act 1991 insert—
Business Protection from Misleading Marketing Regulations 2008
Regulation 6
Regulation 25
Misleading advertisements
Obstruction of authorised officers
5
In the entry for the Trade Descriptions Act 1968—
a
in the column headed “Provision” omit “Section 1(1)”, “Section 13” and “Section 14(1)(b)”;
b
in the column headed “Description of Offence” omit “Applying false trade description in relation to goods”, “False representations as to supply of goods or services”, “False or misleading statements as to services etc”.
6
Add at the end—
Consumer Protection from Unfair Trading Regulations 2008
Regulation 8
Offences relating to unfair commercial practices
Regulation 9
Regulation 10
Regulation 11
Regulation 12
Regulation 23
Obstruction of authorised officers
Airports (Northern Ireland) Order 199484
In Article 49 of the Airports (Northern Ireland) Order 199462 (restriction on disclosure of information), in paragraph (3)—
a
omit sub-paragraph (l), and
b
after sub-paragraph (u) add—
v
the Business Protection from Misleading Marketing Regulations 2008;
w
the Consumer Protection from Unfair Trading Regulations 2008.
Motor Cycle Silencer and Exhaust Systems Regulations 199585
Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 199563 (the Trade Descriptions Act 1968) is revoked.
Energy Information (Washing Machines) Regulations 199686
In Schedule 5 to the Energy Information (Washing Machines) Regulations 199664 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Tumble Driers) Regulations 199687
In Schedule 5 to the Energy Information (Tumble Driers) Regulations 199665 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Combined Washer-Driers) Regulations 199788
In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 199766 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Motor Cycles (Protective Helmets) Regulations 199889
In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 199867 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.
Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 199990
In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 199968 (saving for the Trade Descriptions Act 1968, the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987) omit the words “the Trade Descriptions Act 1968”.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 199991
Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 199969 (Trade Descriptions Act 1968) is revoked.
Energy Information (Lamps) Regulations 199992
In Schedule 4 to the Energy Information (Lamps) Regulations 199970 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Dishwashers) Regulations 199993
In Schedule 5 to the Energy Information (Dishwashers) Regulations 199971 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Road Vehicles Lighting Regulations (Northern Ireland) 200094
Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 200072 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 200095
The Control of Misleading Advertisements (Amendment) Regulations 200073 are revoked.
Consumer Protection (Distance Selling) Regulations 200096
In regulation 24 of the Consumer Protection (Distance Selling) Regulations 200074 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).
Sale and Supply of Goods to Consumers Regulations 200297
In regulation 15 of the Sale and Supply of Goods to Consumers Regulations 200275 (consumer guarantees), after paragraph (2), insert—
2A
The guarantor shall also ensure that the guarantee contains a statement that the consumer has statutory rights in relation to the goods which are sold or supplied and that those rights are not affected by the guarantee.
Energy (Northern Ireland) Order 200398
In Article 63 of the Energy (Northern Ireland) Order 200376 (general restrictions on disclosure of information), in paragraph (6)—
a
omit paragraph (m);
b
after paragraph (u) insert—
v
the Business Protection from Misleading Marketing Regulations 2008;
w
the Consumer Protection from Unfair Trading Regulations 2008.
Energy Information (Household Electric Ovens) Regulations 200399
In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 200377 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003100
1
The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 200378 is amended as follows.
2
In the Schedule (listed directives)—
a
omit the entry for Council Directive 84/450/EEC of 10th September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising;
b
in the entry in the column headed “Specified UK laws” in respect of Directive 1999/44/EC omit from sub-paragraph (iv) “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”;
c
after the entry for Directive 2002/65/EC insert—
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market
Consumer Protection from Unfair Trading Regulations 2008
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003101
1
In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 200379 the table is amended as follows.
2
In the entry in the column headed “Extent of Specification” in respect of the Consumer Protection Act 198780 omit “and all offences under Part III (misleading price indications)”.
3
Omit the entry for the Fair Trading Act 197381.
4
Omit the entry for the Mock Auctions Act 196182.
5
After the entry for the Trade Marks Act 199483 insert—
Consumer Protection from Unfair Trading Regulations 2008.
All offences under those Regulations.
6
In the entry in the column headed “Extent of Specification” in respect of the Weights and Measures Act 198584 omit “29 misrepresentation”.
Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003102
1
The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 200385 is amended as follows.
2
In the Schedule (specified acts or omissions)—
a
omit the entries for—
i
the Business Advertisements (Disclosure) Order 197786;
ii
the Consumer Protection Act 198787;
iii
the Consumer Transactions (Restrictions on Statements) Order 197688;
iv
the Control of Misleading Advertisements Regulations 198889;
v
the Mock Auctions Act 1961;
vi
the Consumer Protection (Northern Ireland) Order 198790;
b
in the column headed “Extent” in respect of the Weights and Measures Act 1985 omit “29 (misrepresentation),”;
c
in the column headed “Extent” in respect of the Weights and Measures (Northern Ireland) Order 1981, for the words “Articles 19(1) to (6)” to the end, substitute “Articles 19(1) to (6), 20, 22(1) and (3) to (9) (requirements to sell goods by particular quantities, short weight, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package).”
Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003103
1
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 200391 is amended as follows.
2
In Schedule 3—
a
omit the words “Control of Misleading Advertisements Regulations 1988”;
b
add after “General Product Safety Regulations 2005”—
Consumer Protection from Unfair Trading Regulations 2008.
Business Protection from Misleading Marketing Regulations 2008.
3
In Schedule 4—
a
omit the words “Control of Misleading Advertisements Regulations 1988”;
b
add after “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006”—
Consumer Protection from Unfair Trading Regulations 2008.
Business Protection from Misleading Marketing Regulations 2008.
Price Marking (Food and Drink) Services Order 2003104
The Price Marking (Food and Drink) Services Order 200392 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 2003105
The Control of Misleading Advertisements (Amendment) Regulations 200393 are revoked.
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004106
The Price Marking (Food and Drink) Services Order (Northern Ireland) 200494 is revoked.
Energy Information (Household Refrigerators and Freezers) Regulations 2004107
In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 200495 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (h); and
b
after paragraph (g) insert—
i
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
j
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Consumer Credit (Advertisements) Regulations 2004108
1
The Consumer Credit (Advertisements) Regulations 200496 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) omit the definitions of “hire advertisement” and of “hire payment”.
3
In regulation 2 (duty to comply) omit “or a hire advertisement”.
4
In regulation 3 (general requirements) omit “or hire advertisement”.
5
In regulation 4 (content of advertisements)—
a
in paragraph 1 omit “, and where a hire advertisement includes any of the amounts referred to in paragraph 4 or 5 of Schedule 3 to these Regulations,”;
b
in paragraph 2 omit “in the case of credit advertisement, and the items of information listed in Schedule 3 in the case of a hire advertisement,”;
c
in paragraph 3(b) omit “or hire advertisement, as the case may be,”.
6
In regulation 7 (security)—
a
in paragraph 1 omit “or hire advertisement”;
b
omit paragraph 5;
c
omit paragraph 7;
d
in paragraph 8 for “Paragraphs (2)-(7)” substitute “Paragraphs (2), (3), (4) and (6)”.
7
In regulation 9(2) (restrictions on certain expressions in credit advertisements) omit “, and a hire advertisement shall not include in relation to any hire payment,”.
8
Omit Schedule 3.
Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004109
1
The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 200497 is amended as follows.
2
In article 2 (interpretation), in paragraph (1), omit the definition of “the 1988 Regulations”.
3
Omit article 6.
4
In article 8 (exercise of functions by an authorised person), in paragraph (3), omit sub-paragraph (e) and the “and” preceding it.
Financial Services (Distance Marketing) Regulations 2004110
1
The Financial Services (Distance Marketing) Regulations 200498 are amended as follows.
2
In regulation 15 (unsolicited services) omit paragraphs (2), (3), (5), (6) and (7).
3
In regulation 22 (offences)—
a
in paragraph (2) omit “, or under regulation 15(2) or (3),”;
b
in paragraph (4) omit “, or under regulation 15(2) or (3),”;
c
in paragraph (5) omit “or under regulation 15(2) or (3),”.
Duty Stamps Regulations 2006111
In regulation 10 of the Duty Stamps Regulations 200699 (disqualification from being registered), in paragraph (7)(b)—
a
after “Forgery and Counterfeiting Act 1981” insert—
an offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (but only if the goods to which the advertising in question related were, or included, dutiable alcoholic liquor);
b
at the end add—
an offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (but only if the product to which the unfair commercial practice related was, or included, dutiable alcoholic liquor);
The Water and Sewerage Services (Northern Ireland) Order 2006112
In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006100 (restriction on disclosure of information), in paragraph (5)—
a
omit sub-paragraph (h);
b
after sub-paragraph (q) add—
r
the Business Protection from Misleading Marketing Regulations 2008;
s
the Consumer Protection from Unfair Trading Regulations 2008.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006113
Licensing (Relevant Offences) (Scotland) Regulations 2007114
In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007102 (relevant offences), at the end insert—
45
An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.
46
An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.
Legislative and Regulatory Reform (Regulatory Functions) Order 2007115
1
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007103, Part 3 is amended as follows.
2
In the heading “Consumer and business protection”—
a
omit the words “Textile Products (Determination of Composition) Regulations 2006”;
b
after the entry for the Electromagnetic Compatibility Regulations 2006104 insert—
Textile Products (Determination of Composition) Regulations 2008
Business Protection from Misleading Marketing Regulations 2008
Consumer Protection from Unfair Trading Regulations 2008.