The Business Protection from Misleading Marketing (Amendment) Regulations 2013

• Citation: S.I. 2013/2701
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Business Protection from Misleading Marketing (Amendment) Regulations 2013 and come into force on 14th November 2013.

Section 2 Amendments to the Business Protection from Misleading Marketing Regulations 2008

The Business Protection from Misleading Marketing Regulations 2008 are amended as follows.

Section 3 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 2 (interpretation)—

(a) for the definition of “enforcement authority” substitute—

“enforcement authority” means the OFT , every local weights and measures authority, DETINI and GEMA ;

(b) after the definition of “enforcement authority” insert—

“GEMA” means the Gas and Electricity Markets Authority;

Section 4 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 13 (duty and power to enforce)—

(a) for paragraph (1A) substitute—

(1A) Each of the following may also enforce these Regulations—

(a) the OFT;

(b) GEMA.

(b) after paragraph (4) insert—

(4A) Nothing in this regulation shall authorise GEMA to bring proceedings for an offence.

Section 5 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 15(3) (injunctions to secure compliance with the Regulations) after “Great Britain” insert “or GEMA”.

Section 6 Amendments to the Business Protection from Misleading Marketing Regulations 2008

For regulation 17(1) (co-ordination) substitute—

(17)

(1) If more than one enforcement authority in Great Britain is contemplating bringing proceedings under regulation 15 in any particular case, the OFT may direct which enforcement authority is to bring the proceedings or decide that only it may do so.

Section 7 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 22 (power to make test purchases) after “enforcement authority” insert “, other than GEMA,”.

Section 8 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 23(1) (power of entry and investigation, etc ) after “enforcement authority” insert “, other than GEMA,”.

Section 9 Amendments to the Business Protection from Misleading Marketing Regulations 2008

In regulation 24(1) (power to enter premises with a warrant) after “enforcement authority” insert “, other than GEMA,”.