Consumer Rights Bill (HC Bill 161)

(4) In subsection (3) omit “section 29 above”.

(5) In each of subsections (5), (6) and (7) for “29” substitute “29(4)”.

41 In section 31(1) (power of customs officer to detain goods) for “or under this
Part” substitute “section 29(4) of this Act or Schedule 5 to the Consumer
5Rights Act 2014”.

42 In section 32(1) (obstruction of authorised officer)—

(a) in paragraph (a)—

(i) for “any provision of this Part” substitute “section 29(4)”, and

(ii) for “so acting” substitute “acting in pursuance of section 31”,

(b) 10in paragraph (b) for “any provision of this Part” substitute “section
29(4)”, and

(c) in paragraph (c) for “any provision of this Part” substitute “section
29(4)”.

43 In section 33(1) (appeals against detention of goods) for “any provision of
15this Part” substitute “section 29(4)”.

44 In section 34(1) (compensation for seizure and detention) for “29” substitute
“29(4)”.

Education Reform Act 1988 (c. 40)1988 (c. 40)

45 (1) Section 215 of the Education Reform Act 1988 (unrecognised degrees:
20enforcement) is amended as follows.

(2) After that section insert—

“(1A) For the investigatory powers available to a local weights and
measures authority for the purposes of the duty to enforce imposed
by subsection (1), see Schedule 5 to the Consumer Rights Act 2014.”

(3) 25Omit subsections (2) to (8).

Copyright, Designs and Patents Act 1988 (c. 48)1988 (c. 48)

46 The Copyright, Designs and Patents Act 1988 is amended as follows.

47 (1) Section 107A (enforcement of section 107 by local weights and measures
authority) is amended as follows.

(2) 30Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the
subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and
35measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

48 (1) Section 198A (enforcement of section 198 by local weights and measures
authority) is amended as follows.

(2) 40Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the
subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and
5measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

Clean Air Act 1993 (c. 11)1993 (c. 11)

49 The Clean Air Act 1993 is amended as follows.

50 (1) 10Section 30 (regulations about motor fuel) is amended as follows.

(2) Omit subsection (5).

(3) Before subsection (6) insert—

“(5A) For the investigatory powers available to a local weights and
measures authority for the purposes of the duty in subsection (4), see
15Schedule 5 to the Consumer Rights Act 2014.”

(4) Omit subsection (8).

(5) Before subsection (9) insert—

“(8A) For the investigatory powers available to the Department of
Enterprise, Trade and Investment in Northern Ireland for the
20purposes of the duty in subsection (7), see Schedule 5 to the
Consumer Rights Act 2014.”

51 In section 31 (regulations about sulphur content of oil fuel for furnaces or
engines) after subsection (4) insert—

“(4A) For the investigatory powers available to a local authority for the
25purposes of the duty in subsection (4)(a), see Schedule 5 to the
Consumer Rights Act 2014.”

52 In section 32(4) (powers of entry not to apply in relation to persons in the
public service of the Crown) for “sections 56 to 58 (rights of entry and
inspection and other local authority powers)” substitute “Schedule 5 to the
30Consumer Rights Act 2014 (investigatory powers)”.

53 In section 49(1) (unjustified disclosures of information) after “this Act” insert
“or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2014
for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act”.

54 In section 56 (rights of entry and inspection etc) after subsection (6) insert—

“(7) 35This section does not apply in relation to—

(a) a function conferred on a local authority by Part 4, or

(b) a provision of an instrument made under that Part.”

55 In section 58(1) (power of local authorities to obtain information)—

(a) omit “IV or”, and

(b) 40for “those Parts” substitute “that Part”.

Sunday Trading Act 1994 (c. 20)1994 (c. 20)

56 (1) Part 1 of Schedule 2 to the Sunday Trading Act 1994 (general enforcement
provisions) is amended as follows.

(2) Omit paragraphs 3 and 4.

(3) 5Before paragraph 5 insert—

“Investigatory powers

4A For the investigatory powers available to a local authority and the
inspectors appointed by it under paragraph 2 for the purposes of
the duty in paragraph 1, see Schedule 5 to the Consumer Rights
10Act 2014.”

Trade Marks Act 1994 (c. 26)1994 (c. 26)

57 (1) Section 93 of the Trade Marks Act 1994 (enforcement function of local
weights and measures authority) is amended as follows.

(2) Omit subsection (2).

(3) 15In subsection (3) omit the words from “For that purpose” to the end of the
subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and
measures authority or the Department of Enterprise, Trade and
20Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

Olympic Symbol etc (Protection) Act 1995

58 (1) Section 8A of the Olympic Symbol etc (Protection) Act 1995 is amended as
follows.

(2) 25Omit subsection (2).

(3) In subsection (3) omit paragraph (b) and the “and” immediately preceding
that paragraph.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and
30measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

Criminal Justice and Police Act 2001

59 The Criminal Justice and Police Act 2001 is amended as follows.

60 35In section 57(1) (retention of seized items)—

(a) omit paragraphs (d), (g) and (pa), and

(b) after paragraph (r) insert—

“(s) paragraphs 28(7) and 29(8) of Schedule 5 to the
Consumer Rights Act 2014”.

61 In section 66(4) (construction of references to a search)—

(a) 5omit paragraphs (a), (c), (d), (e), (f), (g), (h), (ma), (o), (q), (r) and (s),
and

(b) after paragraph (p) insert—

“(t) Part 4 of Schedule 5 to the Consumer Rights Act
2014”.

62 (1) 10Section 65 (meaning of legal privilege) is amended as follows.

(2) Omit subsections (6) and (8A).

(3) Before subsection (9) insert—

“(8B) An item which is, or is comprised in, property which has been seized
in exercise or purported exercise of the power of seizure conferred by
15paragraph 27(1)(b) or 29(1) of Schedule 5 to the Consumer Rights Act
2014 shall be taken for the purposes of this Part to be an item subject
to legal privilege if, and only if, the seizure of that item was in
contravention of paragraph 27(6) or (as the case may be) 29(6) of that
Schedule (privileged documents).”

(4) 20In subsection (9)—

(a) omit paragraph (c),

(b) at the end of paragraph (d) insert “or”, and

(c) omit paragraph (f) and the “or” immediately preceding that
paragraph.

63 (1) 25Part 1 of Schedule 1 (powers to which section 50 applies) is amended as
follows.

(2) Omit—

(a) paragraph 9,

(b) paragraph 16,

(c) 30paragraph 18,

(d) paragraph 19,

(e) paragraph 24,

(f) paragraph 36,

(g) paragraph 45,

(h) 35paragraph 73BA,

(i) the first and second paragraphs 73G,

(j) the second paragraph 73J,

(k) the second paragraph 73K,

(l) paragraph 73N, and

(m) 40paragraph 73O.

(3) After paragraph 73M insert—

“Consumer Rights Act 2014

73P Each of the powers of seizure conferred by paragraphs 27(1)(b),
28(1) and 29(1) of Schedule 5 to the Consumer Rights Act 2014.”

64 (1) Part 1 of Schedule 2 (application of enactments) is amended as follows.

(2) Omit paragraphs 1, 3, 4A, 4B, 4C, 5, 7, 8, 9A, 9B and 9C.

(3) After paragraph 2 insert—

“2A Paragraph 39 of Schedule 5 to the Consumer Rights Act 2014
5(notice of testing of goods) shall apply in relation to items seized
under section 50 of this Act in reliance on the power of seizure
conferred by paragraph 28(1) of that Schedule as it applies in
relation to goods seized under that paragraph.

Access to seized items

2B 10Subject to section 61 of this Act, paragraph 38 of Schedule 5 to the
Consumer Rights Act 2014 (access to seized goods and
documents) shall apply in relation to items seized under section 50
of this Act in reliance on the power of seizure conferred by
paragraph 28(1) or 29(1) of that Schedule as it applies in relation to
15things seized under Part 4 of that Schedule.”

(4) After paragraph 6 insert—

“6A Paragraph 41 of Schedule 5 to the Consumer Rights Act 2014
(compensation for seizure and detention) shall apply in relation to
the seizure of items under section 50 of this Act in reliance on the
20power of seizure conferred by paragraph 28(1) or 29(1) of that
Schedule, and the retention of those items, as it applies in relation
to the seizure and detention of goods under Part 4 of that
Schedule.”

Enterprise Act 2002

65 25The Enterprise Act 2002 is amended as follows.

66 Omit section 224 (power of OFT to require the provision of information).

67 Omit section 225 (power of other enforcer to require the provision of
information).

68 Omit section 226 (procedure for notices requiring information).

69 30Omit section 227 (enforcement of notices).

70 Omit section 227A (power to enter premises without warrant).

71 Omit section 227B (powers exercisable on the premises).

72 Omit section 227C (power to enter premises with warrant).

73 Omit section 227D (ancillary provisions about powers of entry).

74 35Omit section 227E (obstructing, or failing to co-operate with, powers of
entry).

75 Omit section 227F (retention of documents and goods).

76 Before section 228 (but after the italic heading “Miscellaneous”) insert—

“223A Investigatory powers

For the investigatory powers available to enforcers for the purposes
of enforcers’ functions under this Part, see Schedule 5 to the
5Consumer Rights Act 2014.”

77 In section 228 (evidence) omit subsection (4).

78 In section 236 (application of Part 8 to Crown) omit subsection (2).

79 In Schedule 14 (specified functions for the purposes of Part 9 restrictions on
disclosure), at the end insert—

• 10“Paragraph 13(2), (3) or (7) of Schedule 5 to the Consumer
  Rights Act 2014.”

Christmas Day (Trading) Act 2004 (c. 26)2004 (c. 26)

80 (1) Section 3 of the Christmas Day (Trading) Act 2004 (enforcement) is amended
as follows.

(2) 15Omit subsection (3).

(3) Before subsection (4) insert—

“(3A) For the powers available to a local authority and the inspectors
appointed by it under subsection (3) for the purposes of the duty in
subsection (1), see Schedule 5 to the Consumer Rights Act 2014.”

20Financial Services Act 2012 (c. 21)2012 (c. 21)

81 (1) Section 107 of the Financial Services Act 2012 (power to make further
provision about regulation of consumer credit) is amended as follows.

(2) In subsection (2) omit paragraph (g).

(3) In subsection (4) for “(2)(g) to (i)” substitute “(2)(h) and (i)”.

25Consequential repeals

82 In consequence of the amendments made by this Schedule, the following are
repealed or revoked—

(a) section 16(2)(b) of the Price Commission Act 1977;

(b) article 2(13) of the Deregulation (Weights and Measures) Order 1999
30(SI 1999/503SI 1999/503);

(c) paragraph 9(8)(b) and (9)(a) of Schedule 25 to the Enterprise Act
2002;

(d) paragraphs 50 and 62 of Schedule 27 to the Civil Partnerships Act
2004;

(e) 35regulation 47(2) to (5) of the General Product Safety Regulations 2005
(SI 2005/1803SI 2005/1803);

(f) paragraphs (10) and (24) to (27) of Schedule 1 to the Weights and
Measures (Packaged Goods) Regulations 2006 (SI 2006/659SI 2006/659);

(g) regulations 15 to 18 and 24 to 28 of the Enterprise Act 2002
40(Amendment) Regulations 2006 (SI 2006/3363SI 2006/3363);

(h) section 51(2) of the Consumer Credit Act 2006;

(i) paragraph 41 of Schedule 21 to the Legal Services Act 2007;

(j) sections 57 and 58(1), (3) and (4) of the Consumers, Estate Agents and
Redress Act 2007;

(k) paragraphs 63 to 65 of Schedule 2 to the Consumer Protection from
5Unfair Trading Regulations 2008 (SI 2008/1277SI 2008/1277);

(l) paragraph 2 of Schedule 6 to the Timeshare, Holiday Products,
Resale and Exchange Contracts Regulations 2010 (SI 2010/2960SI 2010/2960);

(m) regulation 2 of the Timeshare (Amendment) Regulations 2011 (SI
2011/1065);

(n) 10paragraphs 17 to 20 of Schedule 1 to the Weights and Measures
(Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/
331);

(o) paragraph 82(a) of Schedule 9 to the Crime and Courts Act 2013.

Section 79

SCHEDULE 7 15Enterprise Act 2002: enhanced consumer measures and other enforcement

1 Part 8 of the Enterprise Act 2002 (enforcement of certain consumer
legislation) is amended as follows.

2 In section 210 (consumers), omit subsection (5).

3 (1) Section 211 (domestic infringements) is amended as follows.

(2) 20In subsection (1)(c), omit “in the United Kingdom”.

(3) After subsection (1) insert—

“(1A) But an act or omission which satisfies the conditions in subsection (1)
is a domestic infringement only if at least one of the following is
satisfied—

(a) 25the person supplying (or seeking to supply) goods or services
has a place of business in the United Kingdom, or

(b) the goods or services are supplied (or sought to be supplied)
to or for a person in the United Kingdom (see section 232).”

4 In section 213(5A) (CPC enforcers), for paragraph (i) substitute—

“(i) 30an enforcement authority within the meaning of section
120(15) of the Communications Act 2003 (regulation of
premium rate services);”.

5 (1) Section 214 (consultation) is amended as follows.

(2) In subsection (4)(a), after “14 days” insert “or, where subsection (4A) applies,
3528 days”.

(3) After subsection (4) insert—

“(4A) This subsection applies where the person against whom the
enforcement order would be made is a member of, or is represented
by, a representative body, and that body operates a consumer code
40which has been approved by—

(a) an enforcer, other than a designated enforcer which is not a
public body,

(b) a body which represents an enforcer mentioned in paragraph
(a),

(c) a group of enforcers mentioned in paragraph (a), or

(d) a community interest company whose objects include the
5approval of consumer codes.

(4B) In subsection (4A)—

• “consumer code” means a code of practice or other document
  (however described) intended, with a view to safeguarding
  or promoting the interests of consumers, to regulate by any
  10means the conduct of persons engaged in the supply of goods
  or services to consumers (or the conduct of their employees
  or representatives), and

• “representative body” means an organisation established to
  represent the interests of two or more businesses in a
  15particular sector or area, and for this purpose “business” has
  the meaning it bears in section 210.”

6 In section 217 (enforcement orders), after subsection (10) insert—

“(10A) An enforcement order may require a person against whom the order
is made to take enhanced consumer measures (defined in section
20219A) within a period specified by the court.

(10B) An undertaking under subsection (9) may include a further
undertaking by the person to take enhanced consumer measures
within a period specified in the undertaking.

(10C) Subsections (10A) and (10B) are subject to section 219C in a case
25where the application for the enforcement order was made by a
designated enforcer which is not a public body.

(10D) Where a person is required by an enforcement order or an
undertaking under this section to take enhanced consumer
measures, the order or undertaking may include requirements as to
30the provision of information or documents to the court by the person
in order that the court may determine if the person is taking those
measures.”

7 In section 219 (undertakings), after subsection (5) insert—

“(5ZA) An undertaking under this section may include a further
35undertaking by the person—

(a) to take enhanced consumer measures (defined in section
219A) within a period specified in the undertaking, and

(b) where such measures are included, to provide information or
documents to the enforcer in order that the enforcer may
40determine if the person is taking those measures.

(5ZB) Subsection (5ZA) is subject to section 219C in a case where the
enforcer is a designated enforcer which is not a public body.”

8 After section 219 insert—

“219A Definition of enhanced consumer measures

(1) 45In this Part, enhanced consumer measures are measures (not
excluded by subsection (5)) falling within—

(a) the redress category described in subsection (2),

(b) the compliance category described in subsection (3), or

(c) the choice category described in subsection (4).

(2) The measures in the redress category are—

(a) 5measures offering compensation or other redress to
consumers who have suffered loss as a result of the conduct
which has given rise to the enforcement order or
undertaking,

(b) where the conduct referred to in paragraph (a) relates to a
10contract, measures offering such consumers the option to
terminate (but not vary) that contract,

(c) where such consumers cannot be identified, or cannot be
identified without disproportionate cost to the subject of the
enforcement order or undertaking, measures intended to be
15in the collective interests of consumers.

(3) The measures in the compliance category are measures intended to
prevent or reduce the risk of the occurrence or repetition of the
conduct to which the enforcement order or undertaking relates
(including measures with that purpose which may have the effect of
20improving compliance with consumer law more generally).

(4) The measures in the choice category are measures intended to enable
consumers to choose more effectively between persons supplying or
seeking to supply goods or services.

(5) The following are not enhanced consumer measures—

(a) 25a publication requirement included in an enforcement order
as described in section 217(8),

(b) a publication requirement included in an undertaking
accepted by the court as described in section 217(10), or

(c) a publication requirement included in an undertaking
30accepted by a CPC enforcer as described in section
219(5A)(a).

219B Inclusion of enhanced consumer measures etc.

(1) An enforcement order or undertaking may include only such
enhanced consumer measures as the court or enforcer (as the case
35may be) considers to be just and reasonable.

(2) For the purposes of subsection (1) the court or enforcer must in
particular consider whether any proposed enhanced consumer
measures are proportionate, taking into account—

(a) the likely benefit of the measures to consumers,

(b) 40the costs likely to be incurred by the subject of the
enforcement order or undertaking, and

(c) the likely cost to consumers of obtaining the benefit of the
measures.

(3) The costs referred to in subsection (2)(b) are—

(a) 45the cost of the measures, and

(b) the reasonable administrative costs associated with taking
the measures.

(4) An enforcement order or undertaking may include enhanced
consumer measures in the redress category—

(a) only in a loss case, and

(b) only if the court or enforcer (as the case may be) is satisfied
5that the cost of such measures to the subject of the
enforcement order or undertaking is unlikely to be more than
the sum of the losses suffered by consumers as a result of the
conduct which has given rise to the enforcement order or
undertaking.

(5) 10The cost referred to in subsection (4)(b) does not include the
administrative costs associated with taking the measures.

(6) Subsection (7) applies if an enforcement order or undertaking
includes enhanced consumer measures offering compensation and a
settlement agreement is entered into in connection with the payment
15of compensation.

(7) A waiver of a person’s rights in the settlement agreement is not valid
if it is a waiver of the right to bring civil proceedings in respect of
conduct other than the conduct which has given rise to the
enforcement order or undertaking.

(8) 20The following definitions apply for the purposes of subsection (4)(a).

(9) In the case of an enforcement order or undertaking under section
217, “a loss case” means a case in which—

(a) subsection (1) of that section applies (a finding that a person
has engaged in conduct which constitutes an infringement),
25and

(b) consumers have suffered loss as a result of that conduct.

(10) In the case of an undertaking under section 219, “a loss case” means
a case in which—

(a) subsection (3)(a) or (b) of that section applies (a belief that a
30person has engaged or is engaging in conduct which
constitutes an infringement), and

(b) consumers have suffered loss as a result of that conduct.

219C Availability of enhanced consumer measures to private enforcers

(1) An enforcement order made on the application of a designated
35enforcer which is not a public body may require a person to take
enhanced consumer measures only if the following conditions are
satisfied.

(2) An undertaking given under section 217(9) following an application
for an enforcement order made by a designated enforcer which is not
40a public body, or an undertaking given to such an enforcer under
section 219, may include a further undertaking by a person to take
enhanced consumer measures only if the following conditions are
satisfied.

(3) The first condition is that the enforcer is specified for the purposes of
45this section by order made by the Secretary of State.

(4) The second condition is that the enhanced consumer measures do
not directly benefit the enforcer or an associated undertaking.