The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/1139

2020 No. 1139

Exiting The European Union

Consumer Protection

The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020

Made 20th October 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

1 Introduction

PART 1

Introduction

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020.

(2) These Regulations come into force on IP completion day except for regulation 6 which comes into force immediately before IP completion day.

2 Amendment of primary legislation

PART 2

Amendment of primary legislation

S-2 Amendment of the Prescription and Limitation (Scotland) Act 1973

Amendment of the Prescription and Limitation (Scotland) Act 1973

2.—(1) The Prescription and Limitation (Scotland) Act 19732is amended as follows.

(2) In subsection (2) of section 14 (computation of prescriptive periods)—

(a)

(a) omit the definition of “ADR Directive”;

(b)

(b) for the definition of “ADR entity” substitute—

““ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542)3;”;

(c)

(c) for the definition of “ADR procedure” substitute—

““ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;”;

(d)

(d) after the definition of “ADR procedure” insert—

““consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;”;

(e)

(e) for the definition of “relevant consumer dispute” substitute—

““relevant consumer dispute” means a dispute that—

(a) concerns obligations under a sales contract or a service contract, and

(b) is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

which the parties attempt to settle by recourse to a non-binding ADR procedure;;”;

(f)

(f) after the definition of “relevant cross-border dispute” insert—

““sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

“service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

“trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.”.

S-3 Amendment of the Limitation Act 1980

Amendment of the Limitation Act 1980

3.—(1) The Limitation Act 19804is amended as follows.

(2) In subsection (1) of section 33B (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes)—

(a)

(a) omit paragraph (a);

(b)

(b) for paragraph (b) substitute—

“(b)

“(b) “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542);”;

(c)

(c) for paragraph (d) substitute—

“(d)

“(d) “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;”;

(d)

(d) after paragraph (d) insert—

“(da)

“(da) “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;”;

(e)

(e) for paragraph (f) substitute—

“(f)

“(f) “relevant dispute” means a dispute that—

concerns obligations under a sales contract or a service contract, and

is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

which the parties attempt to settle by recourse to a non-binding ADR procedure;”;

(f)

(f) after paragraph (f) insert—

“(g)

“(g) “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

(h)

(h) “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

(i)

(i) “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.”.

S-4 Amendment of the Foreign Limitation Periods Act 1984

Amendment of the Foreign Limitation Periods Act 1984

4.—(1) The Foreign Limitation Periods Act 19845is amended as follows.

(2) In subsection (1) of section 1B (extension of limitation periods because of alternative dispute resolution in certain cross-border or domestic contractual disputes)—

(a)

(a) omit paragraph (a);

(b)

(b) for paragraph (b) substitute—

“(b)

“(b) “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542);”;

(c)

(c) for paragraph (d) substitute—

“(d)

“(d) “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;”;

(d)

(d) after paragraph (d) insert—

“(da)

“(da) “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;”;

(e)

(e) for paragraph (f) substitute—

“(f)

“(f) “relevant dispute” means a dispute that—

concerns obligations under a sales contract or a service contract, and

is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

which the parties attempt to settle by recourse to a non-binding ADR procedure;”;

(f)

(f) after paragraph (f) insert—

“(g)

“(g) “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer...

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