OpenLegislation

The Property Misdescriptions Act 1991 (Repeal) Order 2013

S.I. 2013/1575 · Made 26 June 2013

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.

Consumer Protection

Made 26th June 2013

Laid before Parliament 28th June 2013

Coming into force 1st October 2013

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to consumer protection and in relation to measures relating to the control of advertising.

The Secretary of State makes the following Order in exercise of the powers conferred by section 2(2) of that Act.

Annotations to the whole text

Footnotes

f1

S.I. 1993/2661 and S.I. 1985/749.

f2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

Contents

  1. 1Citation and commencement
  2. 2Repeal of the Property Misdescriptions Act 1991
  3. 3Consequential amendments
  4. Signature
  5. Schedule: CONSEQUENTIAL AMENDMENTS
  6. Part 1: Amendments to Acts
  7. 1Railways Act 1993
  8. 2Greater London Authority Act 1999
  9. 3Transport Act 2000
  10. 4Criminal Justice and Police Act 2001
  11. 5Criminal Justice and Police Act 2001
  12. 6Criminal Justice and Police Act 2001
  13. 7Criminal Justice and Police Act 2001
  14. 8Enterprise Act 2002
  15. 9Enterprise Act 2002
  16. 10Enterprise Act 2002
  17. 11Enterprise Act 2002
  18. 12Regulatory Enforcement and Sanctions Act 2008
  19. 13Regulatory Enforcement and Sanctions Act 2008
  20. 14Regulatory Enforcement and Sanctions Act 2008
  21. 15Civil Aviation Act 2012
  22. 16Land Registration etc. (Scotland) Act 2012
  23. Part 2: Amendments to secondary legislation
  24. 17Estate Agents (Specified Offences) (No. 2) Order 1991
  25. 18Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003
  26. 19Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003
  27. 20Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  28. 21Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  29. 22Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  30. 23Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  31. 24Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009
  32. 25Postal Services Act 2011 (Disclosure of Information) Order 2012
  33. Explanatory note

1Citation and commencement

This Order may be cited as the Property Misdescriptions Act 1991 (Repeal) Order 2013 and comes into force on 1 October 2013.

2Repeal of the Property Misdescriptions Act 1991

The Property Misdescriptions Act 1991f1 is repealed.

3Consequential amendments

The amendments in the Schedule have effect.

Signature

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

26th June 2013

1Railways Act 1993

In section 145 of the Railways Act 1993f1 (general restrictions on disclosure of information), in subsection (3), omit paragraph (o).

2Greater London Authority Act 1999

In section 235 of the Greater London Authority Act 1999f1 (restrictions on disclosure of information), in subsection (3), omit paragraph (o).

3Transport Act 2000

In Schedule 9 to the Transport Act 2000f1 (air traffic: information), in paragraph 3 (other permitted disclosures), in sub-paragraph (3), omit paragraph (m).

4Criminal Justice and Police Act 2001

The Criminal Justice and Police Act 2001f1 is amended as follows.

5Criminal Justice and Police Act 2001

In section 66 (general interpretation of Part 2), in subsection (4), omit paragraph (k).

6Criminal Justice and Police Act 2001

In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 applies), omit paragraph 53.

7Criminal Justice and Police Act 2001

In Schedule 2 (applications and minor and consequential amendments), in Part 2 (minor and consequential amendments), omit paragraph 20.

8Enterprise Act 2002

The Enterprise Act 2002f1 is amended as follows.

9Enterprise Act 2002

In section 247 (repeals), omit paragraph (h).

10Enterprise Act 2002

In Schedule 14 (specified functions), omit “Property Misdescriptions Act 1991 (c.29)”.

11Enterprise Act 2002

In Schedule 15 (enactments conferring functions), omit “Property Misdescriptions Act 1991 (c.29)”.

12Regulatory Enforcement and Sanctions Act 2008

The Regulatory Enforcement and Sanctions Act 2008f1 is amended as follows.

13Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 (enactments specified for the purposes of Part 1), omit “Property Misdescriptions Act 1991 (c.29)”.

14Regulatory Enforcement and Sanctions Act 2008

In Schedule 6 (enactments specified for the purposes of orders under Part 3), omit “Property Misdescriptions Act 1991 (c.29)”.

15Civil Aviation Act 2012

In Schedule 6 to the Civil Aviation Act 2012f1 (restrictions on disclosing information), in paragraph 4 (other permitted disclosures), in sub-paragraph (3), omit “Property Misdescriptions Act 1991;”.

16Land Registration etc. (Scotland) Act 2012

In schedule 5 to the Land Registration etc. (Scotland) Act 2012f1 (minor and consequential modifications), omit paragraph 32.

17Estate Agents (Specified Offences) (No. 2) Order 1991

In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 1991f1 (specified offences), omit the entry relating to the Property Misdescriptions Act 1991.

18Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003

In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003f1, omit the entry relating to the Property Misdescriptions Act 1991.

19Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

In the Schedule to the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003f1, in Part 1 (legislation of the United Kingdom Parliament), omit the entry relating to the Property Misdescriptions Act 1991.

20Legislative and Regulatory Reform (Regulatory Functions) Order 2007

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007f1 is amended as follows.

21Legislative and Regulatory Reform (Regulatory Functions) Order 2007

In Part 3 of the Schedule, under the heading “Estate agents”, omit “Property Misdescriptions Act 1991”.

22Legislative and Regulatory Reform (Regulatory Functions) Order 2007

In Part 6 of the Schedule, omit “Property Misdescriptions Act 1991”.

23Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

In Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009f1, in Part 2, omit “Property Misdescriptions Act 1991”.

24Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009f1 (new Parts 5 to 13 to be inserted in the Schedule to the 2007 Order), omit “Property Misdescriptions Act 1991”.

25Postal Services Act 2011 (Disclosure of Information) Order 2012

In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012f1 (Prescription of enactments), omit “the Property Misdescriptions Act 1991;”.

Explanatory note

(This note is not part of the Order)

This Order repeals the Property Misdescriptions Act 1991 and makes consequential amendments to other enactments.

Since the introduction of the 1991 Act, Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJ No. L 149, 11.6.2005, p 22) and Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising (OJ No. L 376, 27.12.2006, p 21) have been implemented in the United Kingdom. They provide the same protection for consumers as the 1991 Act but in a broader and more modern framework. The 1991 Act has therefore become unnecessary.

Article 2 repeals the Property Misdescriptions Act 1991.

Article 3 and the Schedule make consequential amendments to other enactments.

An impact assessment has been prepared in relation to this Order and will be placed in the Library of each House of Parliament. Copies may also be obtained via www.gov.uk/government/uploads/system/uploads/attachment_data/file/34614/12-1154-estate-agents-market-regulatory-reform-impact.pdf.