The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

• Citation: S.I. 2019/203
• Sections: 57

Section 1 Citation and commencement

These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

Section 2 Interpretation

In these Regulations—

“the 2002 Act” means the Enterprise Act 2002;

“the 2020 Regulations” means the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020.

Section 3 Amendment of the Enterprise Act 2002

(1) The 2002 Act is amended as follows.

(2) In section 210 (consumers)—

(a) in subsection (6)—

(i) for “Community infringement” substitute “ Schedule 13 infringement ” ;

(ii) for paragraphs (a) and (b) substitute “ the listed enactment concerned ” ;

(b) after subsection (6) insert—

(6A) An enactment is a listed enactment if it is specified in Schedule 13 or to the extent that it is so specified.

(6B) References to an enactment include—

(a) references to subordinate legislation (within the meaning of the Interpretation Act 1978 );

(b) for the purposes of paragraph 6 of Schedule 13, references to a rule of law in Scotland;

(c) for the purposes of paragraph 16 of Schedule 13, references to rules forming part of the law of any part of the United Kingdom made other than under an Act.

(c) omit subsections (7) and (7A).

(3) For section 212 (Community infringements), substitute—

Schedule 13 infringements

(212)

(1) In this Part a Schedule 13 infringement is an act or omission which contravenes a listed enactment and which harms the collective interests of consumers.

(2) References to a listed enactment must be construed in accordance with section 210.

(4) In section 213 (enforcers)—

(a) omit subsection (5);

(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”;

(c) omit subsections (10) and (11).

(5) In section 214 (consultation), in subsection (2)(d), for “Community infringement” substitute “ Schedule 13 infringement ” .

(6) In section 215 (applications)—

(a) in subsection (1), for “Community infringement” substitute “ Schedule 13 infringement ” in both places where it occurs;

(b) omit subsection (4);

(c) in subsection (4A)—

(i) for “CPC enforcer” substitute “ Schedule 13 enforcer ” ;

(ii) for “Community infringement” substitute “ Schedule 13 infringement ” ;

(d) omit subsections (6), (7) and (8).

(7) In section 216 (applications: directions by CMA), omit subsection (6).

(8) In section 217 (enforcement orders), in subsection (2), for “Community infringement” substitute “ Schedule 13 infringement ” .

(9) In section 218 (interim enforcement order)—

(a) in subsection (1)(a), for “Community infringement” substitute “ Schedule 13 infringement ” in both places where it occurs;

(b) in subsection (4), for “Community infringement” substitute “ Schedule 13 infringement ” .

(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”.

(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”;

(b) in subsection (2A)(b), for “Community infringement” substitute “Schedule 13 infringement”.

(11) In section 219 (undertakings)—

(a) in subsection (3)(c), for “Community infringement” substitute “ Schedule 13 infringement ” ;

(b) in subsection (5A), for “CPC enforcer” substitute “ Schedule 13 enforcer ” ;

(c) in subsection (5B)—

(i) for “CPC enforcer” substitute “ Schedule 13 enforcer ” ;

(ii) for “Community infringement” substitute “ Schedule 13 infringement ” .

(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”.

(12A) In section 219B (inclusion of enhanced consumer measures etc.), in subsections (4) and (4A), for “Community infringement” substitute “Schedule 13 infringement”.

(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”.

(14) Omit section 221 (Community infringements: proceedings).

(15) In section 222 (bodies corporate: accessories), in subsection (1), for “Community infringement” substitute “ Schedule 13 infringement ” .

(16) In section 229 (advice and information), in subsection (6), for “general or CPC enforcer or a designated enforcer” substitute “ enforcer ” .

(17) Omit section 235 (Injunctions Directive) and section 235A (CPC Regulation) (as substituted by the 2020 Regulations).

(18) In section 235B (dual enforcers), for “CPC enforcer” substitute “ Schedule 13 enforcer ” in both places where it occurs.

(19) In section 243 (overseas disclosures), in subsection (12)(c), for “an order under section 212(3)” substitute “ Schedule 13 ” .

(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.

Section 4 Amendment of the Consumer Rights Act 2015

(1) Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015 is amended as follows.

(2) In paragraph 2 (enforcers), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” in both places where it occurs.

(3) In the italic heading before paragraph 4, for “EU enforcers” substitute “ Schedule 13 enforcers ” .

(4) For paragraph 4 (as amended by the 2020 Regulations) substitute—

(4) In this Schedule “ Schedule 13 enforcer ” means a person or body which is a Schedule 13 enforcer under section 213(5A) of the Enterprise Act 2002.

(5) In paragraph 8 (interpretation of other terms), for “Community infringement” substitute “ Schedule 13 infringement ” .

(6) In paragraph 13 (exercise of powers in this Part)—

(a) omit sub-paragraph (2)(c);

(b) in sub-paragraph (3), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” ;

(c) in sub-paragraph (10), omit the definition of “Community enforcer”.

(7) In the heading of Part 4, for “EU enforcers” substitute “ Schedule 13 enforcers ” .

(8) In the italic heading before paragraph 20, for “EU enforcers” substitute “ Schedule 13 enforcers ” .

(9) In paragraph 20—

(a) in sub-paragraph (1), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” ;

(b) in sub-paragraph (2)—

(i) for “an EU enforcer” substitute “ a Schedule 13 enforcer ” ;

(ii) for “CPC enforcer” substitute “ Schedule 13 enforcer ” ;

(c) in sub-paragraph (3), for “EU enforcer” substitute “ Schedule 13 enforcer ” ;

(d) in sub-paragraph (3)(a), for “Community infringement” substitute “ Schedule 13 infringement ” ;

(da) in sub-paragraph (3A), for “An EU enforcer” substitute “A Schedule 13 enforcer”;

(e) in sub-paragraphs (4) and (5), for “An EU enforcer” substitute “ A Schedule 13 enforcer ” ;

(f) in sub-paragraph (5)(a), for “Community infringement” substitute “ Schedule 13 infringement ” ;

(g) in sub-paragraph (6), for “An EU enforcer” substitute “ A Schedule 13 enforcer ” .

(10) In paragraph 32 (power to enter premises with warrant)—

(a) in sub-paragraph (3)(b)—

(i) for “an EU enforcer” substitute “ a Schedule 13 enforcer ” ;

(ii) for “Community infringement as defined in section 212 of the Enterprise Act 2002” substitute “ Schedule 13 infringement ” ;

(b) in sub-paragraph (3)(c), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” .

(11) In paragraph 41 (compensation)—

(a) in sub-paragraph (4), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” ;

(b) in sub-paragraph (4)(a), for “Community infringement” substitute “ Schedule 13 infringement ” .

Section 5 Amendment of the Data Protection Act 2018

In Part 2 of Schedule 2 (Exemptions etc from the GDPR) to the Data Protection Act 2018 —

(a) in the table in paragraph 11, omit row 10 (consumer protection enforcer);

(b) in paragraph 12, omit the definitions of “consumer protection enforcer” and “CPC Regulation”.

Section 6 Amendment of the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003

In the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003 , in article 3 (criteria for designation)—

(a) in paragraph (b), for “Community infringements” substitute “ Schedule 13 infringements ” ;

(b) in paragraph (f)—

(i) omit “and Community enforcers”;

(ii) for “Community infringements” substitute “ Schedule 13 infringements ” .

Section 7 Revocation of orders made under section 212(3) of the Enterprise Act 2002

The following are revoked—

(a) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 ;

(b) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) (Amendment) Order 2005 ;

(c) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 ;

(d) the Enterprise Act 2002 (Part 8 EU Infringements) Order 2014 ;

(e) the Enterprise Act 2002 (Part 8 Community Infringements and Specified UK Laws) (Amendment) Order 2015 .

(f) Part 3 (specification of UK law for the purpose of section 212(3) of the Enterprise Act 2002) of the 2020 Regulations.

Section 7A Amendment of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 relating to the functions of the Financial Conduct Authority

In the 2020 Regulations, omit regulation 5 (Financial Conduct Authority).

Section 8 Revocation of Regulation (EU) 2017/2394

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.

Section 9 Post-IP completion day enforcement of Community infringements: general rule

(1) Subject to regulation 10, the amendments in regulations 3 and 4 and the revocations in regulation 7 do not apply in relation to any Community infringement or suspected Community infringement to the extent that it occurred (or is suspected to have occurred) before IP completion day .

(2) “ Community infringement ” has the meaning given by section 212 of the 2002 Act before these Regulations come into force.

Section 10 Post-IP completion day enforcement of Community infringements: exceptions to general rule

(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).

Section 1

Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, 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, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 2

The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.

Section 3

Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977 , to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 .

Section 4

Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979 , 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 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 5

Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 6

Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982 , and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 7

Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 8

The Package Travel, Package Holidays and Package Tours Regulations 1992 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018 .

Section 9

The Unfair Terms in Consumer Contracts Regulations 1999 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 9A

Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 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.

Section 10

The Consumer Protection (Distance Selling) Regulations 2000 , to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

Section 10A

Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003.

Section 11

Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002 .

Section 12

Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002 , to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

Section 13

Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 .

Section 14

The Price Marking Order 2004 .

Section 15

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.

Section 16

The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000 .

Section 17

The Price Marking Order (Northern Ireland) 2004 .

Section 18

The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 .

Section 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.

Section 18B

Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

Section 18C

Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008.

Section 19

The Consumer Protection from Unfair Trading Regulations 2008 .

Section 20

The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 , to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

Section 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.

Section 21

The Provision of Services Regulations 2009 .

Section 21A

The Rail Passengers’ Rights and Obligations Regulations 2010.

Section 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 .

Section 22

The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 .

Section 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 .

Section 23

Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012 .

Section 24

Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012 .

Section 24A

The Merchant Shipping (Passengers’ Rights) Regulations 2013.

Section 24B

The Operation of Air Services in the Community (Pricing etc.) Regulations 2013.

Section 24C

The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.

Section 25

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

Section 25A

The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014.

Section 25B

The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014.