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The Consumer Rights Act 2015 (Consequential Amendments) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111136881

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 96(3) of and paragraph 12(6) of Schedule 5 to the Consumer Rights Act 2015, for approval by resolution of each House of Parliament.

Consumer Protection

Made ***

Coming into force 1st October 2015

The Secretary of State, in exercise of the powers conferred by section 96(1) and (2) of and paragraph 12(1) and (5) of Schedule 5 to the Consumer Rights Act 2015f1, makes the following Order.

A draft of this Order was laid before Parliament in accordance with section 96(3) of and paragraph 12(6) of Schedule 5 to the Consumer Rights Act 2015 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2015 c.15.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments
  3. 3Transitional provision
  4. 4Transitional provision
  5. Signature
  6. Schedule: CONSEQUENTIAL AMENDMENTS
  7. Part 1: Amendments to Acts
  8. 1Uniform Laws on International Sales Act 1967
  9. 2Enterprise Act 2002
  10. 3Enterprise Act 2002
  11. 4Enterprise Act 2002
  12. 5Regulatory Enforcement and Sanctions Act 2008
  13. 6Consumer Rights Act 2015
  14. Part 2: Amendments to secondary legislation
  15. 7The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  16. Explanatory note

1Citation and commencement

This Order may be cited as the Consumer Rights Act 2015 (Consequential Amendments) Order 2015 and comes into force on 1st October 2015.

2Consequential amendments

The Schedule has effect.

3Transitional provision

Paragraph 1 of the Schedule applies in relation to contracts entered into on or after 1st October 2015.

4Transitional provision

(1)

This article applies where—

(a)

a provision (“the old provision”) is revoked by Part 2 of the Schedule, and

(b)

a provision of Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc.) (“the new provision”) re-enacts, with or without modification, the old provision.

(2)

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.

(3)

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.

Signature

Name

Minister of State for Skills

Department for Business, Innovation and Skills

Date

1Uniform Laws on International Sales Act 1967

In section 1 of the Uniform Laws on International Sales Act 1967f1 (application of Uniform Law on the International Sale of Goods), in subsection (4)(c) at the end insert “and sections 9 to 17, 19 to 24 and 28 to 32 of the Consumer Rights Act 2015”.

2Enterprise Act 2002

The Enterprise Act 2002f1 is amended as follows.

3Enterprise Act 2002

In Schedule 14 (specified functions)f1, at the appropriate place insert—

“Chapter 5 of Part 3 of the Consumer Rights Act 2015.

Schedule 3 to the Consumer Rights Act 2015.”

4Enterprise Act 2002

In Schedule 15 (enactments conferring functions)f1, at the appropriate place insert—

“Chapter 5 of Part 3 of the Consumer Rights Act 2015.”

5Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008f1 (enactments specified for the purposes of Part 1), for “Consumer Rights Act 2015, Part 1” substitute “Consumer Rights Act 2015, Parts 1 and 2 and Chapter 5 of Part 3”.

6Consumer Rights Act 2015

In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (enforcer’s legislation: duties and powers mentioned in paragraph 9(1)(a)), at the appropriate place insert—

“regulation 23(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134);”.

7The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Regulations 24, 25 and 26 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013f1 are revoked.

Explanatory note

(This note is not part of the Order)

This Order makes amendments to legislation in consequence of provisions of the Consumer Rights Act 2015 (“the Act”).

Paragraph 1 of the Schedule amends the Uniform Laws on International Sales Act 1967 by inserting references to certain provisions of the Act in relation to the sales of goods to consumers, to supplement existing references to provisions of the Sale of Goods Act 1979 (c. 54) which the Act disapplies for sales to consumers. The effect is to identify the specified provisions of the Act as mandatory provisions of UK law, in the event of a choice to apply to a contract the Convention relating to a Uniform Law on the International Sale of Goods (set out in Schedule 1 to the Uniform Laws on International Sales Act 1967). Article 3 provides that this amendment applies only to contracts entered into on or after 1st October 2015.

Paragraphs 2 to 4 of the Schedule amend Schedules 14 and 15 to the Enterprise Act 2002 by inserting references to Chapter 5 of Part 3 of and (in Schedule 14 only) Schedule 3 to the Act. This will enable public authorities to share information obtained in connection with the exercise of a function under those provisions of the Act, in particular to facilitate the exercise of a function another person has by virtue of those provisions of the Act. It will also permit information to be disclosed for the purposes of criminal proceedings and certain specified civil proceedings.

Paragraph 5 of the Schedule amends Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) by adding a reference to certain provisions of the Act. This enables arrangements under the 2008 Act for oversight of local authority functions and co-ordination of regulatory enforcement by local authorities to be applied in relation to enforcement by local authorities of Part 2 and Chapter 5 of Part 3 of the Act, in addition to Part 1.

Paragraph 6 of the Schedule amends Schedule 5 to the Act by adding the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the 2013 Regulations”) to the list of legislation to which the investigatory powers in Schedule 5 apply. This enables those responsible for enforcing the 2013 Regulations to use the investigatory powers provided by Schedule 5 to the Act. Paragraph 7 of the Schedule make amendments consequential on this by removing the existing investigatory powers from the 2013 Regulations. These powers are no longer required following the application of Schedule 5 to the Act and a reference to investigatory powers of the 2013 Regulations will be a reference to Schedule 5 to the Act. Article 4 makes transitional provision in respect of this change.

An impact assessment has not been prepared for this instrument as no significant impact on the private, voluntary or public sector is foreseen.