The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1347 |
2020 No. 1347
Exiting The European Union
Consumer Protection
The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020
Made 25th November 2020
Coming into force in accordance with regulation 1(2) and (3)
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.
A draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020.
(2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.
(3) Regulations 3 to 7 come into force immediately before IP completion day.
PART 2
Amendments under section 2(2) of the European Communities Act 1972
Amendment of the Enterprise Act 2002
2.—(1) The Enterprise Act 20024is amended as follows.
(2) In section 217 (enforcement orders), for subsection (12) substitute—
“12. An enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
England and Wales |
The High Court |
The county court |
Scotland |
The Court of Session |
The sheriff |
Northern Ireland |
The High Court |
A county court”. |
(3) In section 218 (interim enforcement order), for subsection (11) substitute—
“11. An interim enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
England and Wales |
The High Court |
The county court |
Scotland |
The Court of Session |
The sheriff |
Northern Ireland |
The High Court |
A county court”. |
(4) In section 218ZB (online interface orders), for subsection (4) substitute—
“4. An online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
England and Wales |
The High Court |
The county court |
Scotland |
The Court of Session |
The sheriff |
Northern Ireland |
The High Court |
A county court”. |
(5) In section 218ZC (interim online interface orders), for subsection (8) substitute—
“8. An interim online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—
England and Wales |
The High Court |
The county court |
Scotland |
The Court of Session |
The sheriff |
Northern Ireland |
The High Court |
A county court”. |
PART 3
Amendments under section 8(1) of the European Union (Withdrawal) Act 2018
Amendment of the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019
3.—(1) The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 20195are amended as follows.
(2) For regulation 2 (interpretation) substitute—
“Interpretation
2. In these Regulations—
“the 2002 Act” means the Enterprise Act 20026;
“the 2020 Regulations” means the Consumer Protection (Enforcement) (Amendment etc.) Regulations 20207.”.
(3) In regulation 3 (amendment of the Enterprise Act 2002)—
(a)
(a) in paragraph (4), for sub-paragraph (b) substitute—
“(b)
“(b) in subsection (5A), for “(being bodies or persons designated by the Secretary of State under Article 5(1) of the CPC Regulation) is a CPC enforcer” substitute “is a Schedule 13 enforcer”;”;
(b)
(b) after paragraph (9) insert—
“9A. In section 218ZA (applications), in subsections (1) and (2), for “Community infringement” substitute “Schedule 13 infringement”.
9B. In section 218ZB (online interface orders), in subsections (1)(a) and (3), for “Community infringement” substitute “Schedule 13 infringement”.
9C. In section 218ZC (interim online interface orders), in subsection (1)(a) and (c), for “Community infringement” substitute “Schedule 13 infringement”.
9D. In section 218ZD (online interface orders: supplementary), in subsection (3), for “Community infringements” substitute “Schedule 13 infringements”.”;
(c)
(c) for paragraph (10) substitute—
“10. In section 218A (unfair commercial practices: substantiation of claims)—
(a) in subsection (1)—
for “Community infringement” substitute “Schedule 13 infringement”;
for the words from “ Directive 2005/29/ECof the European Parliament” to the end of the subsection, substitute “the Consumer Protection from Unfair Trading Regulations 20088”;
(b) in subsection (2A)(b), for “Community infringement” substitute “Schedule 13 infringement”.”;
(d)
(d) for paragraph (12) substitute—
“12. In section 219A (definition of enhanced consumer measures)—
(a) in subsection (2)(a)(ii), for “Community infringement” substitute “Schedule 13 infringement”;
(b) in subsection (5)(c), for “CPC enforcer” substitute “Schedule 13 enforcer”.”;
(e)
(e) after paragraph (12) insert—
“12A. In section 219B (inclusion of enhanced consumer measures etc.), in subsections (4) and (4A), for “Community infringement” substitute “Schedule 13 infringement”.”;
(f)
(f) for paragraph (13) substitute—
“13. In section 220 (further proceedings)—
(a) in subsection (2), for “CPC enforcer” substitute “Schedule 13 enforcer”;
(b) in subsection (5A)(b), for “Community infringement” substitute “Schedule 13 infringement”.”;
(g)
(g) for paragraph (17) substitute—
“17. Omit section 235 (Injunctions Directive) and section 235A (CPC Regulation) (as substituted by the 2020 Regulations).”;
(h)
(h) for paragraph (20) substitute—
“20. For Schedule 13 (Listed Directives and Regulations) (as amended by the 2020 Regulations), substitute the Schedule set out in the Schedule to these Regulations.”.
(4) In regulation 4 (amendment of the Consumer Rights Act 2015)—
(a)
(a) in paragraph (4), after “paragraph 4” insert “(as amended by the 2020 Regulations)”;
(b)
(b) in paragraph (9), after sub-paragraph (d) insert—
“(da)
“(da) in sub-paragraph (3A), for “An EU enforcer” substitute “A Schedule 13 enforcer”;”.
(5) In regulation 7 (revocation of orders made under section 212(3) of the Enterprise Act 2002), after sub-paragraph (e) insert—
“(f)
“(f) Part 3 (specification of UK law for the purpose of section 212(3) of the Enterprise Act 2002) of the 2020 Regulations.”.
(6) After regulation 7 insert—
“Amendment of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 relating to the functions of the Financial Conduct Authority
7A. In the 2020 Regulations, omit regulation 5 (Financial Conduct Authority).”.
(7) For regulation 8 (revocation of Regulation (EC) No 2006/2004) substitute—
“Revocation of Regulation (EU) 2017/2394
8. Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004is revoked.”.
(8) In regulation 9 (post-exit day enforcement of Community infringements: general rule)—
(a)
(a) in the heading of that regulation, for “Post-exit day” substitute “Post-IP completion day”;
(b)
(b) in paragraph (1), for “exit day” substitute “IP completion day”.
(9) For regulation 10 (post-exit day enforcement of Community infringements: exceptions to general rule) substitute—
“Post-IP completion day enforcement of Community infringements: exceptions to general rule
10. (1) Subject to paragraph (2), a Community enforcer may not, after IP completion day, exercise any function under Part 8 of the 2002 Act.
(2) A Community enforcer may continue any proceedings relating to an application to court made under that Part prior to IP completion day.
(3) In this regulation, “Community enforcer” has the meaning given by section 213 of the 2002 Act immediately before these Regulations come into force.
(4) Regulation 9 does not apply to regulation 3(4)(c).”.
(10) In the Schedule (substituted Schedule 13 to the Enterprise Act 2002)—
(a)
(a) for paragraph 1 substitute—
“1. Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 19739, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 201510, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 201511.”;
(b)
(b) after paragraph 9 insert—
“9A. Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 200012which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and...
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