The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015

• Citation: S.I. 2015/1630
• Sections: 148

Section 1 Citation and commencement

This Order may be cited as the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 and comes into force on 1st October 2015.

Section 2 Interpretation

In this Order—

“the 2004 Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 ;

“the 2010 Regulation” means Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 ;

“the Act” means the Consumer Rights Act 2015;

“the Carriage by Air Conventions” are—

the Warsaw Convention;

the Warsaw Convention, as amended at the Hague, 1955;

the Warsaw Convention, as amended by Additional Protocol No.1 of Montreal, 1975;

the Warsaw Convention, as amended at the Hague, 1955, and by Additional Protocol No.2 of Montreal, 1975;

the Warsaw Convention, as amended at the Hague, 1955, and by Protocol No. 4 of Montreal, 1975;

the Convention supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara, 18th September 1961; and

the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal 28th May 1999;

“consumer transport service” means—

a rail passenger service;

carriage by air to which the 2004 Regulation or the Carriage by Air Conventions or enactments giving effect to the provisions of those Conventions apply; and

sea and inland waterway transport to which the 2010 Regulation applies;

“rail passenger service” means any rail passenger service supplied by any undertaking other than those specified in paragraphs (a) and (b) of article 2(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ;

“the Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to the International Carriage by Air, signed at Warsaw 12th October 1929.

Section 3 Provisions coming into force on 1st October 2015

The following provisions of the Act come into force on 1st October 2015, subject to article 4 and the transitional provisions and savings in articles 6 to 8—

(a) sections 1 to 47;

(b) section 48(1) to (4) (contracts covered by this Chapter);

(c) sections 49 to 76;

(d) section 77 (investigatory powers etc.) to the extent not already in force;

(e) sections 78 to 80;

(f) section 81 (private actions in competition law) to the extent not already in force;

(g) Schedules 1 to 4;

(h) Schedule 5 (investigatory powers etc.) to the extent not already in force;

(i) Schedules 6 and 7; and

(j) Schedule 8 (private actions in competition law) to the extent not already in force.

Section 4 Provisions coming into force on 6th April 2016

For the purpose of a contract to supply a consumer transport service the following provisions of the Act come into force on 1st October 2016 , subject to the transitional provisions and savings in article 6—

(a) section 48(1) to (4) (contracts covered by this Chapter);

(b) sections 49 to 59; and

(c) paragraphs 2 to 6, 10 to 17 and 21 to 27 of Schedule 4.

Section 5 Consequential amendments

The consequential amendments in Schedules 1 and 2 have effect.

Section 6 Transitional and saving provisions in respect of Parts 1 and 2 of the Act

(1) The provisions brought into force by sub-paragraphs (a) to (c) and (g) of article 3 of this Order do not apply to—

(a) any contract entered into before 1st October 2015 which would, apart from these provisions, be covered by Parts 1 or 2 of the Act; and

(b) any notice provided or communicated before 1st October 2015 which would, apart from these provisions, constitute a consumer notice and be covered by Part 2 of the Act;

(2) The provisions brought into force by article 4 of this Order do not apply to any contract to supply a consumer transport service entered into before 1st October 2016 .

(3) The amendments to the law enacted by the Sale and Supply of Goods to Consumers Regulations 2002 continue to have effect in relation to any contract specified in paragraph (1)(a) despite the revocation of those Regulations by paragraph 53 of Schedule 1 to the Act.

(4) The Unfair Terms in Consumer Contracts Regulations 1999 continue to have effect in relation to any contract or notice relating to any contract specified in paragraph (1)(a) provided or communicated before 1st October 2015 despite the revocation of those Regulations by paragraph 34 of Schedule 4 to the Act.

(5) The amendments made to the enactments specified in Schedule 1 to this Order do not apply to any contract or notice to which the transitional provisions of this article apply.

Section 7 Transitional provision in respect of premium rate services

The amendments made by section 80 of the Act do not apply in respect of a contravention of a code approved under section 121 of the Communications Act 2003 , directions given in accordance with such a code or an order made under section 122 of the Communications Act 2003 where that contravention occurs or begins before the commencement of section 80.

Section 8 Transitional and saving provisions in respect of investigatory powers

(1) This article applies where—

(a) a provision (“the old provision”) is repealed by Schedule 6 to the Act or revoked by Schedule 2 to this Order, and

(b) a provision of Schedule 5 to the Act (investigatory powers etc.) (“the new provision”) re-enacts, with or without modification, the old provision.

(2) The repeal or revocation mentioned in paragraph (1)(a) and the re-enactment mentioned in paragraph (1)(b) do not affect the continuity of the law.

(3) Paragraph (2) does not apply to any change in the law made by Schedule 5 to the Act.

(4) A reference, express or implied, in an enactment, instrument or document to the new provision is, subject to its context, to be read as being or including a reference to the old provision, in relation to times, circumstances or purposes in relation to which the old provision had effect.

(5) A reference, express or implied, in any enactment, instrument or document to the old provision is, subject to its context, to be read as being or including a reference to the new provision, in relation to times, circumstances or purposes in relation to which the new provision has effect.

(6) Anything done, or having effect as if done, under (or for the purposes of or in reliance on) the old provision, and in force or effective immediately before 1st October 2015, has effect on and after 1st October 2015 as if done under (or for the purposes of or in reliance on) the new provision.

(7) Paragraphs (2) to (6) have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Order affects any other provision of that Act.

(8) For the purposes of enforcing the Pyrotechnic Articles (Safety) Regulations 2015 , the Consumer Protection Act 1987 continues to apply as if Schedule 6 to the Act were not in force.

Section 1 Sale of Optical Appliances Order of Council 1984

In article 3(1) of the Sale of Optical Appliances Order of Council 1984 (conditions subject to which a sale is exempt), for paragraph (b) substitute—

(b) any conditions or other terms—

(i) implied in relation to the sale by section 14 of the Sale of Goods Act 1979 (quality and fitness) or treated as included by sections 9 or 10 of the Consumer Rights Act 2015 (goods to be of satisfactory quality, fit for particular purpose), or

(ii) implied in relation to any services associated with the sale by section 13 of the Supply of Goods and Services Act 1982 (care and skill) or treated as included by section 49 of the Consumer Rights Act 2015 (service to be performed with reasonable care and skill)

are not negatived or varied (whether by express agreement or otherwise);

Section 2 Legislative and Regulatory Reform (Regulatory Functions) Order 2007

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply)—

(a) in Part 3, under the heading “Consumer and business protection”—

(i) omit “Unfair Terms in Consumer Contracts Regulation 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and

(ii) insert at the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”;

(b) in Part 6—

(i) omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and

(ii) insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.

Section 3 Consumer Protection from Unfair Trading Regulations 2008

In regulation 5(7) of the Consumer Protection from Unfair Trading Regulations 2008 (misleading actions), for “Part 5A of the Sale of Goods Act 1979 or Part 1B of the Supply of Goods and Services Act 1982” substitute “sections 19 and 23 or 24 of the Consumer Rights Act 2015”.

Section 4 Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008)—

(a) omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”;

(b) insert in the appropriate place “Consumer Rights Act 2015, Parts 1 and 2 and Chapter 5 of Part 3”.

Section 5 Mobile Homes (Written Statement) (England) Regulations 2011

In Part 1 of the Schedule to the Mobile Homes (Written Statement) (England) Regulations 2011 , in paragraph 10 of the Written Statement for “Unfair Terms in Consumer Contracts Regulations 1999” substitute “Consumer Rights Act 2015”.

Section 6 Postal Services Act 2011 (Disclosure of Information) Order 2012

In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012 (prescribed enactments for disclosure of information)—

(a) omit “the Unfair Terms in Consumer Contracts Regulations 1999” and “the Sale and Supply of Goods to Consumers Regulations 2002”;

(b) insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.

Section 1 Crystal Glass (Descriptions) Regulations 1973

Regulation 8 of the Crystal Glass (Descriptions) Regulations 1973 is amended as follows.

Section 2 Crystal Glass (Descriptions) Regulations 1973

For paragraph (3) substitute—

(3) Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).

Section 3 Crystal Glass (Descriptions) Regulations 1973

Omit paragraph (4).

Section 4 Measuring Container Bottles (EEC Requirements) Regulations 1977

The Measuring Container Bottles (EEC Requirements) Regulations 1977 are amended as follows.

Section 5 Measuring Container Bottles (EEC Requirements) Regulations 1977

In regulation 7 (duties of manufacturers to keep records), omit paragraph (2).

Section 6 Measuring Container Bottles (EEC Requirements) Regulations 1977

In regulation 8 (powers of inspection and entry)—

(a) omit paragraphs (1) to (4); and

(b) in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”.

Section 7 Measuring Container Bottles (EEC Requirements) Regulations 1977

In regulation 10 (offences)—

(a) omit paragraphs (2)(b) and (3);

(b) in paragraph (4) omit “Regulation 8(2) or”; and

(c) omit paragraphs (5) and (6).

Section 8 Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977

The Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 are amended as follows.

Section 9 Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977

In regulation 13 (powers of inspection and entry)—

(a) omit paragraphs (1) to (4); and

(b) in paragraph (5) for “by virtue of this regulation” substitute “for the purposes of these Regulations”.

Section 10 Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977

Regulation 14 (obstruction of inspectors) is revoked.

Section 11 Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977

In regulation 17 (prosecution and punishment of offences under these Regulations) for “, 13 or 14” substitute “or 13”.

Section 12 Nightwear (Safety) Regulations 1985

In regulation 10 (test of goods by enforcement authority) of the Nightwear (Safety) Regulations 1985 , for “Schedule 2 to the Consumer Safety Act 1978 (which relates to the enforcement of safety regulations)” substitute “Schedule 5 to the Consumer Rights Act 2015”.

Section 13 Measuring Instruments (EEC Requirements) Regulations 1988

The Measuring Instrument (EEC Requirements) Regulations 1988 are amended as follows.

Section 14 Measuring Instruments (EEC Requirements) Regulations 1988

In regulation 26 (powers of inspection and entry)—

(a) omit paragraphs (1) to (4);

(b) in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”; and

(c) omit paragraphs (6) to (8).

Section 15 Measuring Instruments (EEC Requirements) Regulations 1988

Regulation 27 (obstruction of inspectors) is revoked.

Section 16 Furniture and Furnishings (Fire) (Safety) Regulations 1988

Regulations 12 and 13 of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 are revoked.

Section 17 Simple Pressure Vessels (Safety) Regulations 1991

The Simple Pressure Vessels (Safety) Regulations 1991 are amended as follows.

Section 18 Simple Pressure Vessels (Safety) Regulations 1991

For regulation 19(3) (enforcement) substitute—

(3) Notwithstanding paragraph (2) above, for the purposes of ascertaining whether or not the CE marking has been properly affixed—

(a) action may be taken pursuant to the following provisions as they are applied by Schedule 5:

(i) in Great Britain in relation to vessels for use at work, section 20 of the Health and Safety at Work etc. Act 1974;

(ii) in Northern Ireland in relation to vessels for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978; and

(iii) in relation to vessels as consumer goods, section 29(4) of the Consumer Protection Act 1987; and

(b) in relation to vessels as consumer goods action may be taken pursuant to Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies to paragraph 3(a) of Schedule 5.

Section 19 Simple Pressure Vessels (Safety) Regulations 1991

Paragraph 3 of Schedule 5 (enforcement in relation to vessels as consumer goods) is amended as follows—

(a) in sub-paragraph (c)—

(i) for “28 to” substitute “29(4),”; and

(ii) omit paragraphs (iv) to (vi); and

(b) omit sub-paragraph (d).

Section 20 Package Travel, Package Holidays and Package Tours Regulations 1992

In Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 1992 (enforcement) omit paragraphs 3 to 6 and 8.

Section 21 Electrical Equipment (Safety) Regulations 1994

In regulation 18 of the Electrical Equipment (Safety) Regulations 1994 (requirement to give information about electrical equipment which does not bear the CE marking) omit “an enforcement authority,”.

Section 22 Footwear (Indication of Composition) Labelling Regulations 1995

Regulation 10 of the Footwear (Indication of Composition) Labelling Regulations 1995 (enforcement) is amended as follows.

Section 23 Footwear (Indication of Composition) Labelling Regulations 1995

For paragraph (2) substitute—

(2) Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).

Section 24 Footwear (Indication of Composition) Labelling Regulations 1995

Omit paragraph (3).

Section 25 Lifts Regulations 1997

Schedule 15 to the Lifts Regulations 1997 (enforcement) is amended as follows.

Section 26 Lifts Regulations 1997

In Paragraph 2—

(a) in sub-paragraph (b)—

(i) omit “28 to”; and

(ii) omit paragraphs (iv) to (vii); and

(b) omit sub-paragraph (c).

Section 27 Lifts Regulations 1997

In paragraph 3(3)(a) (enforcement in Northern Ireland in relation to relevant products) omit “and (c)”.

Section 28 Pressure Equipment Regulations 1999

The Pressure Equipment Regulations 1999 are amended as follows.

Section 29 Pressure Equipment Regulations 1999

In regulation 24(3) for “or section 29 of the Consumer Protection Act 1987, as they are applied by Schedule 8” substitute “(as they are applied by Schedule 8) or Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies by virtue of paragraph 2(a) or 3(3)(a) of Schedule 8”.

Section 30 Pressure Equipment Regulations 1999

(1) Paragraph 2 of Schedule 8 (enforcement in Great Britain) is amended as follows.

(2) In sub-paragraph (c) omit “28 to”;

(3) Omit paragraphs (c)(iv) to (vii); and

(4) Omit sub-paragraph (d).

Section 31 Motor Fuel (Composition and Content) Regulations 1999

Schedule A1 (enforcement of regulation 5B(3), (5) and (6) in Great Britain, and enforcement of regulation 5B in Northern Ireland, in relation to gas oil and other liquid fuel not intended for use in motor vehicles and related matters) to the Motor Fuel (Composition and Content) Regulations 1999 is amended as follows.

Section 32 Motor Fuel (Composition and Content) Regulations 1999

Omit paragraph 2(1)(a)(i).

Section 33 Motor Fuel (Composition and Content) Regulations 1999

In paragraph 4(1) (power of enforcement authorities to obtain information) omit “regulation 5C and”.

Section 34 Radio Equipment and Telecommunications Terminal Equipment Regulations 2000

(1) Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (Enforcement) is amended as follows.

(2) In each of paragraphs 7, 8 and 9—

(a) for each reference to “an enforcement authority” substitute “OFCOM”; and

(b) for each reference to “the authority” substitute “OFCOM”.

(3) In paragraph 11 for each reference to “an enforcement authority” substitute “OFCOM”.

(4) In paragraph 12(1) for “an enforcement authority or by an officer of such an authority” substitute “OFCOM or by an officer of OFCOM”.

(5) In paragraph 13(1) for “an enforcement authority exercises any power under paragraph 8 above to seize and detain apparatus, the enforcement authority” substitute “OFCOM exercises any power under paragraph 8 above to seize and detain apparatus, OFCOM”.

Section 35 Non-Automatic Weighing Instruments Regulations 2000

The Non-Automatic Weighing Instruments Regulations 2000 are amended as follows.

Section 36 Non-Automatic Weighing Instruments Regulations 2000

In regulation 38 (powers of inspection and entry)—

(a) omit paragraphs (1) to (5);

(b) in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”;

(c) omit paragraphs (7) and (8).