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STATUTORY INSTRUMENTS

2003 No. 1593

CONSUMER PROTECTION

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

  Made 17th June 2003 
  Coming into force 20th June 2003 

Whereas the Secretary of State laid a draft of this Order before Parliament;

     And whereas the said draft as so laid has been approved by resolution of each House of Parliament;

     Now therefore the Secretary of State in exercise of the power conferred on her by section 211 of the Enterprise Act 2002[1] hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 and shall come into force on 20th June 2003.

Specified infringements
     2. There are hereby specified for the purposes of section 211(2) of the Enterprise Act 2002 (domestic infringements) acts or omissions which fall within section 211(2)(a) to (g) and are:


Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers, Department of Trade and Industry

17th June 2003



SCHEDULE
Article 2


SPECIFIED ACTS OR OMISSIONS




Part I

Legislation of the United Kingdom Parliament

Legislation Extent
Accommodation Agencies Act 1953[2] The whole Act
Administration of Justice Act 1970[3] Section 40 (unlawful harassment of debtors)
Business Advertisements (Disclosure) Order 1977[4] The whole Order
Business Names Act 1985[5] The whole Act
Cancer Act 1939[6] Sections 4, 5 and 7 (prohibition of certain advertisements relating to cancer)
Charities Act 1992[7] Sections 60, 61 and 63 (information requirements, cancellation rights and false statements in respect of fundraising)
Children and Young Persons Act 1933[8] Section 7(1) to (2) (prohibition on sale of tobacco to persons under 16)
Children and Young Persons (Protection from Tobacco) Act 1991[9] Section 4 (display of warning statements)
Children and Young Persons (Scotland) Act 1937[10] Section 18(1) to (2) (prohibition on sale of tobacco to persons under 16)
Companies Act 1985[11] Sections 348, 349 and 351 (company name to appear outside place of business and name and other particulars to appear in its correspondence)
Consumer Credit Act 1974[12] The whole Act
Consumer Protection Act 1987[13] Part III (misleading price indications)
Consumer Transactions (Restrictions on Statements) Order 1976[14] The whole Order
Control of Misleading Advertisements Regulations 1988[15] The whole Regulations
Copyright, Designs and Patents Act 1988[16] Sections 107 (making or dealing with infringing articles etc), 198 (making, dealing with or using illicit recordings), 297A (making and dealing with unauthorised decoders)[17]
Estate Agents Act 1979[18] The whole Act
Explosives Act 1875[19] Sections 31[20] and 39 (prohibition on sale of explosives to persons apparently under 16) in their application to the sale in Northern Ireland of the fireworks listed in Schedule 1 to the Explosives (Fireworks) Regulations (Northern Ireland) 2002[21]
Fireworks (Safety) Regulations 1997[22] Regulation 6 (prohibition on supply of fireworks to persons apparently under 18)
Hallmarking Act 1973[23] The whole Act
Intoxicating Substances (Supply) Act 1985[24] The whole Act
Lotteries and Amusements Act 1976[25] Part I (legal and illegal lotteries) and section 14 (prize competitions)
Malicious Communications Act 1988[26] The whole Act
Misrepresentation Act 1967[27] The whole Act
Mock Auctions Act 1961[28] The whole Act
National Lottery etc Act 1993[29] Sections 13 (contravention of regulations) and 16 (false representations)
Prices Act 1974[30] Section 4 (price marking)
Property Misdescriptions Act 1991[31] The whole Act
Protection from Harassment Act 1997[32] The whole Act
Road Traffic Act 1988[33] Sections 75 (vehicles not to be sold in unroadworthy condition etc) and 76 (fitting and supplying defective or unsuitable vehicle parts)
Sale of Goods Act 1979[34] The whole Act
Supply of Goods (Implied Terms) Act 1973[35] The whole Act
Supply of Goods and Services Act 1982[36] The whole Act
Timeshare Act 1992[37] The whole Act
Tobacco Advertising and Promotion Act 2002[38] The whole Act
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002[39] The whole Regulations
Torts (Interference with Goods) Act 1977[40] Section 12 (power of sale of uncollected goods)
Trade Descriptions Act 1968[41] The whole Act
Trade Marks Act 1994[42] Section 92 (unauthorised use of trade marks etc in relation to goods)
Unfair Contract Terms Act 1977[43] The whole Act
Weights and Measures Act 1985[44] Sections 21 to 23, 25 (requirements to sell goods by particular quantities etc), 28 (short weight etc), 29 (misrepresentation), 30 (quantity less than stated), 31 (incorrect statements), 32 (offences due to default of third person), 50(5) and (6) (possession for sale, etc of inadequate regulated package)



Part II

Northern Ireland legislation

Legislation Extent
Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985[45] Articles 131 to 135 (illegal lotteries etc) and 168 (prize competitions)
Business Names (Northern Ireland) Order 1986[46] The whole Order
Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991[47] Article 5 (display of warning statements)
Companies (Northern Ireland) Order 1986[48] Articles 356, 357 and 359 (company name to appear outside place of business and name and other particulars to appear in its correspondence)
Consumer Protection (Northern Ireland) Order 1987[49] Part III (misleading price indications)
Explosives (Fireworks) Regulations (Northern Ireland) 1999[50] Regulation 11(1) (requirement for notice as to underage sales)
Health and Personal Social Services (Northern Ireland) Order 1978[51] Articles 3 and 4 (prohibition on sale of tobacco to persons apparently under 16)
Misrepresentation Act (Northern Ireland) 1967[52] The whole Act
Malicious Communications (Northern Ireland) Order 1988[53] The whole Order
Protection from Harassment (Northern Ireland) Order 1997[54] The whole Order
Road Traffic (Northern Ireland) Order 1995[55] Articles 83 (vehicles not to be sold in unroadworthy condition etc) and 84 (fitting and supplying defective or unsuitable vehicle parts)
Weights and Measures (Northern Ireland) Order 1981[56] Articles 19(1) to (6), 20, 22 (requirements to sell goods by particular quantities, short weight, misrepresentation, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package)



Part III

Rules of law

An act done or omission made in breach of contract for the supply of goods or services to a consumer.

An act done or omission made in breach of a duty of care owed to a consumer under the law of tort or delict of negligence.


EXPLANATORY NOTE

(This note is not part of the Order)


Part 8 of the Enterprise Act 2002 ("the Act") enables persons and bodies which are general or designated enforcers to seek enforcement orders prohibiting domestic and Community infringements. Section 211(1) defines a domestic infringement as an act or omission done or made by a person in the course of a business which falls within section 211(2) and harms the collective interests of consumers in the United Kingdom. This Order specifies the enactments and rules of law in respect of which acts or omissions may, taken with the requirements of section 211(2)(a) to (g) of the Act, constitute domestic infringements.

Notes:

 [1] 2002 c.40.back

[2] 1953 c.23.back

[3] 1970 c.31.back

[4] S.I. 1977/1918.back

[5] 1985 c.7.back

[6] 1939 c.13.back

[7] 1992 c.41.back

[8] 1933 c.12.back

[9] 1991 c.23.back

[10] 1937 c.37.back

[11] 1985 c.6.back

[12] 1974 c.39.back

[13] 1987 c.43.back

[14] S.I. 1976/1813.back

[15] S.I. 1988/915.back

[16] 1988 c.48.back

[17] Section 297A as substituted by regulation 2 of S.I. 2000/1175 and amended by s.1(4) of the Copyright, etc and Trade Marks (Offences and Enforcement) Act 2002 (c.25).back

[18] 1979 c.38.back

[19] 1875 c.17.back

[20] s.31 amended in respect of Northern Ireland by art. 4 of SR 1996/1920 (N.I. 17).back

[21] SR 2002/147.back

[22] S.I. 1997/2294.back

[23] 1973 c.43.back

[24] 1985 c.26.back

[25] 1976 c.32.back

[26] 1988 c.27.back

[27] 1967 c.7.back

[28] 1961 c.47.back

[29] 1993 c.39.back

[30] 1974 c.24.back

[31] 1991 c.29.back

[32] 1997 c.40.back

[33] 1988 c.52.back

[34] 1979 c.54.back

[35] 1973 c.13.back

[36] 1982 c.29.back

[37] 1992 c.35.back

[38] 2002 c.36.back

[39] S.I. 2002/3041.back

[40] 1977 c.32.back

[41] 1968 c.29.back

[42] 1994 c.26.back

[43] 1977 c.50.back

[44] 1985 c.72.back

[45] S.I. 1985/1204 (N.I. 11).back

[46] S.I. 1986/1033 (N.I. 7).back

[47] S.I. 1991/2872 (N.I. 25).back

[48] S.I. 1986/1032 (N.I. 6).back

[49] S.I. 1987/2049 (N.I. 20).back

[50] SR (N.I.) 1999/352.back

[51] S.I. 1978/1907 (N.I. 26).back

[52] 1967 c.14 (N.I.).back

[53] S.I. 1988/1849 (N.I. 18).back

[54] S.I. 1997/1180 (N.I. 9).back

[55] S.I. 1995/2994 (N.I. 18).back

[56] S.I. 1981/231 (N.I. 10).back


ISBN 0 11 046585 7


 
© Crown copyright 2003
Prepared 24 June 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031593.html