The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

2003 No. 1374

CONSUMER PROTECTION

The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

Made 23th May 2003

Laid before Parliament 27th May 2003

Coming into force 20th June 2003

The Secretary of State, in exercise of the powers conferred on her by section 210(9) and (10) and 212(3) and (6) of the Enterprise Act 20021hereby makes the following Order:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

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

Listed Directives and Specified Laws

Listed Directives and Specified Laws

S-2 Schedule 13 to the Enterprise Act 2002 (“ the Act ”) is amended...

2. Schedule 13 to the Enterprise Act 2002 (“the Act”) is amended by substituting “Articles 86 to 100” for “Articles 86 to 99” in entry 11 relating to Directive 2001/83/EC2(the Community code relating to medicinal products for human use).

S-3 The laws set out in the Schedule to this Order are hereby...

3. The laws set out in the Schedule to this Order are hereby specified for the purposes of section 212(3) of the Act to the extent that they give effect to the listed Directives or provide additional permitted protections.

Brian Wilson,

Minister of State for Energy and Construction,

Department of Trade and Industry

23rd May 2003

SCHEDULE

Article 3

Listed Directives

Directives

Specified UK laws

Council Directive 84/450/EEC of 10th September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising3

Control of Misleading Advertisements Regulations 1988 except article 4A4 (comparative advertisements)

Council Directive 85/577/EEC of 20th December 1985 to protect the consumer in respect of contracts negotiated away from business premises5

Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 19876

Council Directive 87/102/EEC of 22nd December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit7 as last amended by Directive 98/7/EC8

Consumer Credit Act 19749 and secondary legislation made thereunder (not including consumer hire agreements and sections 137 to 140 (extortionate credit))

Council Directive 90/314/EEC of 13th June 1990 on package travel, package holidays and package tours10

Package Travel, Package Holidays and Package Tours Regulations 199211

Council Directive 93/13/EEC of 5th April 1993 on unfair terms in consumer contracts12

Unfair Terms in Consumer Contracts Regulations 199913

Directive 94/47/EC of the European Parliament and of the Council of 26th October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis14

Timeshare Act 199215 and secondary legislation made thereunder (not including its application to timeshare accommodation in caravans)

Directive 97/7/EC of the European Parliament and of the Council of 20th May 1997 on the protection of consumers in respect of distance contracts (except article 10)16

Consumer Protection (Distance Selling) Regulations 200017

Article 10 of the above Directive

Part V of the Telecommunications (Data Protection and Privacy) Regulations 199918 (use of telecommunications services for direct marketing purposes)

Directive 1999/44/EC of the European Parliament and of the Council of 25th May 1999 on certain aspects of the sale of consumer goods and associated guarantees19

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 197320, sections 13 to 15 and 15B of the Sale of Goods Act 197921, sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 198222, and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

(ii) Sections 20 and 32 of the Sale of Goods Act 197923(passing of risk and delivery of goods);

(iii) Sections 48A to 48F of the Sale of Goods Act 197924, and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 198225(additional remedies for consumers);

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 200226and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 197627(consumer guarantees);

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 197728and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (“Directive on electronic commerce”)29

Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 200230 (requirements as to information and orders)

Provisions of Directives

Specified UK laws

Articles 10 to 21 of Council Directive 89/552/EEC of 3rd October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities34 as amended by Directive 97/36/EC35

The provisions of the Broadcasting Acts 199031 and 199632, and codes and rules made by the Independent Television Commission thereunder33, in particular sections 6(1) (in relation to advertising), 8, 9, 60 and 79(4) of the Broadcasting Act 1990 (regulations as to advertising) and sections 18(5), 25(5) and 30(5) of the Broadcasting Act 1996, in so far as they apply sections 6 to 12 of the Broadcasting Act 1990 to digital programme services, digital additional services and qualifying teletext services

Articles 86 to 100 of Directive 2001/83/EC of the European Parliament and of the Council of 6th November 2001 on the Community code relating to medicinal products for human use37

Medicines (Advertising) Regulations 199436

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 (“the Act”) implements Directive 98/27/ECof the European Parliament and of the Council of 19th May 1998 on injunctions for the protection of consumers' interests (OJ L 166, 11.6.98, p. 51). It enables...

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