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The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

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

Draft 2003, ISBN 0110460375

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.

This draft Order replaces the version which was laid before Parliament on 29th April 2003 and is issued free of charge to all known recipients.Draft Order laid before Parliament under section 211(7) of the Enterprise Act 2002 for approval by resolution of each House of Parliament.

CONSUMER PROTECTION

Made 2003

Coming into force 20th June 2003

Whereas the Secretary of State laid a draft of this Order before Parliament;

And whereas the said draft as so laid has been approved by resolution of each House of Parliament;

Now therefore the Secretary of State in exercise of the power conferred on her by section 211 of the Enterprise Act 2002f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 40.

Contents

  1. 1Citation and commencement
  2. 2Specified infringements
  3. Schedule: SPECIFIED ACTS OR OMISSIONS
  4. ILegislation of the United Kingdom Parliament
  5. IINorthern Ireland legislation
  6. IIIRules of law
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 and shall come into force on 20th June 2003.

2Specified infringements

There are hereby specified for the purposes of section 211(2) of the Enterprise Act 2002 (domestic infringements) acts or omissions which fall within section 211(2)(a) to (g) and are:

(i)

acts or omissions in respect of the enactments listed in Parts I and II of the Schedule to this Order and subordinate legislation made thereunder; or

(ii)

acts or omissions as set out in Part III of the Schedule.

ILegislation of the United Kingdom Parliament

LegislationExtent
Accommodation Agencies Act 1953f1The whole Act
Administration of Justice Act 1970f2Section 40 (unlawful harassment of debtors)
Business Advertisements (Disclosure) Order 1977f3The whole Order
Business Names Act 1985f4The whole Act
Cancer Act 1939f5Sections 4, 5 and 7 (prohibition of certain advertisements relating to cancer)
Charities Act 1992f6Sections 60, 61 and 63 (information requirements, cancellation rights and false statements in respect of fundraising)
Children and Young Persons Act 1933f7Section 7(1) to (2) (prohibition on sale of tobacco to persons under 16)
Children and Young Persons (Protection from Tobacco) Act 1991f8Section 4 (display of warning statements)
Children and Young Persons (Scotland) Act 1937f9Section 18(1) to (2) (prohibition on sale of tobacco to persons under 16)
Companies Act 1985f10Sections 348, 349 and 351 (company name to appear outside place of business and name and other particulars to appear in its correspondence)
Consumer Credit Act 1974f11The whole Act
Consumer Protection Act 1987f12Part III (misleading price indications)
Consumer Transactions (Restrictions on Statements) Order 1976f13The whole Order
Control of Misleading Advertisements Regulations 1988f14The whole Regulations
Copyright, Designs and Patents Act 1988f15Sections 107 (making or dealing with infringing articles etc), 198 (making, dealing with or using illicit recordings), 297A (making and dealing with unauthorised decoders)f16
Estate Agents Act 1979f17The whole Act
Explosives Act 1875f18Sections 31f19 and 39 (prohibition on sale of explosives to persons apparently under 16) in their application to the sale in Northern Ireland of the fireworks listed in Schedule 1 to the Explosives (Fireworks) Regulations (Northern Ireland) 2002f20
Fireworks (Safety) Regulations 1997f21Regulation 6 (prohibition on supply of fireworks to persons apparently under 18)
Hallmarking Act 1973f22The whole Act
Intoxicating Substances (Supply) Act 1985f23The whole Act
Lotteries and Amusements Act 1976f24Part I (legal and illegal lotteries) and section 14 (prize competitions)
Malicious Communications Act 1988f25The whole Act
Misrepresentation Act 1967f26The whole Act
Mock Auctions Act 1961f27The whole Act
National Lottery etc Act 1993f28Sections 13 (contravention of regulations) and 16 (false representations)
Prices Act 1974f29Section 4 (price marking)
Property Misdescriptions Act 1991f30The whole Act
Protection from Harassment Act 1997f31The whole Act
Road Traffic Act 1988f32Sections 75 (vehicles not to be sold in unroadworthy condition etc) and 76 (fitting and supplying defective or unsuitable vehicle parts)
Sale of Goods Act 1979f33The whole Act
Supply of Goods (Implied Terms) Act 1973f34The whole Act
Supply of Goods and Services Act 1982f35The whole Act
Timeshare Act 1992f36The whole Act
Tobacco Advertising and Promotion Act 2002f37The whole Act
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002f38The whole Regulations
Torts (Interference with Goods) Act 1977f39Section 12 (power of sale of uncollected goods)
Trade Descriptions Act 1968f40The whole Act
Trade Marks Act 1994f41Section 92 (unauthorised use of trade marks etc in relation to goods)
Unfair Contract Terms Act 1977f42The whole Act
Weights and Measures Act 1985f43Sections 21 to 23, 25 (requirements to sell goods by particular quantities etc), 28 (short weight etc), 29 (misrepresentation), 30 (quantity less than stated), 31 (incorrect statements), 32 (offences due to default of third person), 50(5) and (6) (possession for sale, etc of inadequate regulated package)

IINorthern Ireland legislation

LegislationExtent
Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985f1Articles 131 to 135 (illegal lotteries etc) and 168 (prize competitions)
Business Names (Northern Ireland) Order 1986f2The whole Order
Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991f3Article 5 (display of warning statements)
Companies (Northern Ireland) Order 1986f4Articles 356, 357 and 359 (company name to appear outside place of business and name and other particulars to appear in its correspondence)
Consumer Protection (Northern Ireland) Order 1987f5Part III (misleading price indications)
Explosives (Fireworks) Regulations (Northern Ireland) 1999f6Regulation 11(1) (requirement for notice as to underage sales)
Health and Personal Social Services (Northern Ireland) Order 1978f7Articles 3 and 4 (prohibition on sale of tobacco to persons apparently under 16)
Misrepresentation Act (Northern Ireland) 1967f8The whole Act
Malicious Communications (Northern Ireland) Order 1988f9The whole Order
Protection from Harassment (Northern Ireland) Order 1997f10The whole Order
Road Traffic (Northern Ireland) Order 1995f11Articles 83 (vehicles not to be sold in unroadworthy condition etc) and 84 (fitting and supplying defective or unsuitable vehicle parts)
Weights and Measures (Northern Ireland) Order 1981f12Articles 19(1) to (6), 20, 22 (requirements to sell goods by particular quantities, short weight, misrepresentation, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package)

IIIRules of law

An act done or omission made in breach of contract for the supply of goods or services to a consumer.

An act done or omission made in breach of a duty of care owed to a consumer under the law of tort or delict of negligence.

Explanatory note

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 (“the Act”) enables persons and bodies which are general or designated enforcers to seek enforcement orders prohibiting domestic and Community infringements. Section 211(1) defines a domestic infringement as an act or omission done or made by a person in the course of a business which falls within section 211(2) and harms the collective interests of consumers in the United Kingdom. This Order specifies the enactments and rules of law in respect of which acts or omissions may, taken with the requirements of section 211(2)(a) to (g) of the Act, constitute domestic infringements.