The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018
| Year | 2018 |
2018 No. 1326
Exiting The European Union
Consumer Protection
The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018
Made 6th December 2018
Laid before Parliament 10th December 2018
Coming into force in accordance with regulation 1
The Secretary of State has been designated1for the purposes of making Regulations under section 2(2) of the European Communities Act 19722in relation to measures relating to consumer protection.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20183.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018.
(2) Part 2 comes into force immediately before exit day.
(3) Parts 1, 3, 4, 5 and 6 come into force on exit day.
PART 2
Amendments made under section 2(2) of the European Communities Act 1972
Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995
2.—(1) The Footwear (Indication of Composition) Labelling Regulations 19954are amended as follows.
(2) In regulation 3 (application)—
(a)
(a) in paragraph (3)(b), for “ Directive 89/686/EEC”, substitute “Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC5”;
(b)
(b) in paragraph (3)(c), for “ Directive 76/769/EEC”, substitute “Regulation (EC) No 1907/2006of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/ECand repealing Council Regulation (EEC) No 793/93and Commission Regulation (EC) No 1488/94as well as Council Directive 76/769/EECand Commission Directives 91/155/EEC, 93/67/EEC, 93/105/ECand 2000/21/EC6”.
PART 3
Amendment of primary legislation
Amendment of the Consumer Rights Act 2015
3.—(1) The Consumer Rights Act 20157is amended as follows.
(2) In section 32 (contracts applying law of non-EEA State)—
(a)
(a) in the heading, for “Contracts applying law of non-EEA State”, substitute “Contracts applying law of a country other than the UK”;
(b)
(b) in subsection (1)(a), for “an EEA State”, substitute “the United Kingdom or any part of the United Kingdom”;
(c)
(c) in subsection (3), omit “or the law of an EEA State is chosen”.
(3) In section 59(1) (interpretation) in the definition of “producer” for “European Economic Area” substitute “United Kingdom”.
(4) In section 73(1)(b) (disapplication of rules to mandatory terms and notices) omit “or the EU”.
(5) In section 74 (contracts applying law of non-EEA State)—
(a)
(a) in the heading, for “Contracts applying law of non-EEA State”, substitute “Contracts applying law of a country other than the UK”;
(b)
(b) in subsection (1)(a), for “an EEA State”, substitute “the United Kingdom or any part of the United Kingdom”;
(c)
(c) in subsection (2), omit “or the law of an EEA State is chosen”.
PART 4
Amendment of subordinate legislation
Amendment of the Crystal Glass (Descriptions) Regulations 1973
4.—(1) The Crystal Glass (Descriptions) Regulations 19738are amended as follows.
(2) In regulation 4(2) omit from “Provided that” to the end.
(3) In regulation 7 omit from “to a country” to the end.
Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995
5.—(1) The Footwear (Indication of Composition) Labelling Regulations 1995 are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) omit the definition of “the European Union”;
(b)
(b) in the definition of “responsible person”, for “European Union” in each place it occurs, substitute “United Kingdom”.
(3) In regulation 5(4) (labelling requirements), for “European Union”, substitute “United Kingdom”.
Amendment of the Consumer Protection from Unfair Trading Regulations 2008
6.—(1) The Consumer Protection from Unfair Trading Regulations 20089are amended as follows.
(2) In regulation 27A(5)(b) (when does a consumer have a right to redress?), for “European Economic Area”, substitute “United Kingdom”.
(3) In Schedule 1 (commercial practices which are in all circumstances considered unfair)—
(a)
(a) in paragraph 8, after “a language which is not”, insert “English (in the case of a trader located in the United Kingdom) or not”;
(b)
(b) in paragraph 23, after “product is available in”, insert “the United Kingdom (if the product is sold there) or in”.
Amendment of the Consumer Rights (Payment Surcharges) Regulations 2012
7.—(1) The Consumer Rights (Payment Surcharges) Regulations 201210are amended as follows.
(2) In regulation 5 (contracts where regulation 4 applies)—
(a)
(a) in paragraph (2)(b), after “cross-border healthcare”, insert “as it had effect immediately before exit day”;
(b)
(b) for paragraph (2)(h) substitute—
“(h)
“(h) which is a regulated contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 201011”.
(3) In regulation 6B (application of regulation 6A), for “an EEA state” in each place it occurs, substitute “the United Kingdom”.
Amendment of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
8.—(1) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 201312are amended as follows.
(2) Omit regulation 3(2) (review).
(3) In regulation 6 (limits of application: general)—
(a)
(a) for paragraph (1)(g) substitute—
“(g)
“(g) which is a package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulations 201813”;
(b)
(b) for paragraph (1)(h) substitute—
“(h)
“(h) which is a regulated contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010”.
(4) In Schedule 3 (model instructions for cancellation), in paragraph 5(b), for “EUR” in both places it occurs, substitute “£”.
Amendment of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
9.—(1) The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 201514are amended as follows.
(2) Omit regulation 2(2) (review).
(3) In regulation 5 (other definitions)—
(a)
(a) omit the definition of “cross-border dispute”;
(b)
(b) omit the definition of “EU listed body”;
(c)
(c) omit the definition of “ODR platform”;
(d)
(d) omit the definition of “single point of contact”.
(4) In regulation 7, after “cross-border healthcare”, insert “as it had effect immediately before exit day”.
(5) Omit regulation 8A (consumer information regarding the ODR platform).
(6) In regulation 10 (listing of ADR entities), for “single point of contact”, in both places it occurs, substitute “Secretary of State”.
(7) In regulation 13(4) (removal of approval), for “single point of contact”, substitute “Secretary of State”.
(8) In regulation 14 (notification of the consolidated ADR entity list)—
(a)
(a) in paragraph (1)—
(i) in the words before paragraph (a), for “European Commission”, substitute “Secretary of State”,
(ii) for “the relevant European Commission website”, substitute “a website nominated by the Secretary of State”;
(b)
(b) in paragraph (2)—
(i) in the words before paragraph (a), for “European Commission”, substitute “Secretary of State”,
(ii) for “the relevant European Commission website”, substitute “a website nominated by the Secretary of State”.
(9) In regulation 14A (the ADR entity’s duty to cooperate)—
(a)
(a) omit paragraph (1)(a);
(b)
(b) in paragraph (1)(b) omit “both cross border disputes and”;
(c)
(c) in paragraph (2), for the words from “designated by the Secretary of State” to the end, substitute “which are enforcers under Part 8 of the Enterprise Act 200215”.
(10) In regulation 14B (agreement to submit disputes to an ADR entity), omit “cross-border dispute or” in...
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