2013 No. 1575

Consumer Protection

The Property Misdescriptions Act 1991 (Repeal) Order 2013

Made

Laid before Parliament

Coming into force

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to consumer protection and in relation to measures relating to the control of advertising.

The Secretary of State makes the following Order in exercise of the powers conferred by section 2(2) of that Act.

Citation and commencement1

This Order may be cited as the Property Misdescriptions Act 1991 (Repeal) Order 2013 and comes into force on 1 October 2013.

Repeal of the Property Misdescriptions Act 19912

The Property Misdescriptions Act 19913 is repealed.

Consequential amendments3

The amendments in the Schedule have effect.

Jo SwinsonParliamentary Under Secretary of State for Employment Relations and Consumer AffairsDepartment for Business, Innovation and Skills

SCHEDULECONSEQUENTIAL AMENDMENTS

Article 3

PART 1Amendments to Acts

Railways Act 19931

In section 145 of the Railways Act 19934 (general restrictions on disclosure of information), in subsection (3), omit paragraph (o).

Greater London Authority Act 19992

In section 235 of the Greater London Authority Act 19995 (restrictions on disclosure of information), in subsection (3), omit paragraph (o).

Transport Act 20003

In Schedule 9 to the Transport Act 20006 (air traffic: information), in paragraph 3 (other permitted disclosures), in sub-paragraph (3), omit paragraph (m).

Criminal Justice and Police Act 2001

4

The Criminal Justice and Police Act 20017 is amended as follows.

5

In section 66 (general interpretation of Part 2), in subsection (4), omit paragraph (k).

6

In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 applies), omit paragraph 53.

7

In Schedule 2 (applications and minor and consequential amendments), in Part 2 (minor and consequential amendments), omit paragraph 20.

Enterprise Act 2002

8

The Enterprise Act 20028 is amended as follows.

9

In section 247 (repeals), omit paragraph (h).

10

In Schedule 14 (specified functions), omit “Property Misdescriptions Act 1991 (c.29)”.

11

In Schedule 15 (enactments conferring functions), omit “Property Misdescriptions Act 1991 (c.29)”.

Regulatory Enforcement and Sanctions Act 2008

12

The Regulatory Enforcement and Sanctions Act 20089 is amended as follows.

13

In Schedule 3 (enactments specified for the purposes of Part 1), omit “Property Misdescriptions Act 1991 (c.29)”.

14

In Schedule 6 (enactments specified for the purposes of orders under Part 3), omit “Property Misdescriptions Act 1991 (c.29)”.

Civil Aviation Act 201215

In Schedule 6 to the Civil Aviation Act 201210 (restrictions on disclosing information), in paragraph 4 (other permitted disclosures), in sub-paragraph (3), omit “Property Misdescriptions Act 1991;”.

Land Registration etc. (Scotland) Act 201216

In schedule 5 to the Land Registration etc. (Scotland) Act 201211 (minor and consequential modifications), omit paragraph 32.

PART 2Amendments to secondary legislation

Estate Agents (Specified Offences) (No. 2) Order 199117

In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 199112 (specified offences), omit the entry relating to the Property Misdescriptions Act 1991.

Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 200318

In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 200313, omit the entry relating to the Property Misdescriptions Act 1991.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 200319

In the Schedule to the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 200314, in Part 1 (legislation of the United Kingdom Parliament), omit the entry relating to the Property Misdescriptions Act 1991.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

20

The Legislative and Regulatory Reform (Regulatory Functions) Order 200715 is amended as follows.

21

In Part 3 of the Schedule, under the heading “Estate agents”, omit “Property Misdescriptions Act 1991”.

22

In Part 6 of the Schedule, omit “Property Misdescriptions Act 1991”.

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200923

In Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200916, in Part 2, omit “Property Misdescriptions Act 1991”.

Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 200924

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 200917 (new Parts 5 to 13 to be inserted in the Schedule to the 2007 Order), omit “Property Misdescriptions Act 1991”.

Postal Services Act 2011 (Disclosure of Information) Order 201225

In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 201218 (Prescription of enactments), omit “the Property Misdescriptions Act 1991;”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order repeals the Property Misdescriptions Act 1991 and makes consequential amendments to other enactments.

Since the introduction of the 1991 Act, Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJNo. L 149, 11.6.2005, p 22) and Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising (OJNo. L 376, 27.12.2006, p 21) have been implemented in the United Kingdom. They provide the same protection for consumers as the 1991 Act but in a broader and more modern framework. The 1991 Act has therefore become unnecessary.

Article 2 repeals the Property Misdescriptions Act 1991.

Article 3 and the Schedule make consequential amendments to other enactments.

An impact assessment has been prepared in relation to this Order and will be placed in the Library of each House of Parliament. Copies may also be obtained via www.gov.uk/government/uploads/system/uploads/attachment_data/file/34614/12-1154-estate-agents-market-regulatory-reform-impact.pdf.