30 Omit section 79 (general powers of inspection and entry).

31 Before section 80 insert—

“79A Investigatory powers

For the investigatory powers available to a local weights and
5measures authority for the purposes of the enforcement of this Act,
see Schedule 5 to the Consumer Rights Act 2014.”

32 In section 80 omit “or the packaged goods regulations”.

33 In section 81(1)(b) (failure to provide assistance or information) omit “or
under this Part of this Act”.

34 (1) 10Section 84 (penalties) is amended as follows.

(2) In subsection (2), after the entry for section 20(8) insert—

• “section 80;

• section 81(1);

• section 81(2);”.

(3) 15Omit subsection (5).

35 In paragraph 21(2) of Schedule 11 (application of provisions applying to
inspectors to persons authorised under the Weights and Measures Act 1963)
omit “and except in section 79(3)”.

Consumer Protection Act 1987 (c. 43)1987 (c. 43)

36 20The Consumer Protection Act 1987 is amended as follows.

37 In section 27 (enforcement) after subsection (3) insert—

“(3A) For the investigatory powers available to a person for the purposes
of the duty imposed by subsection (1), see Schedule 5 to the
Consumer Rights Act 2014 (as well as section 29).”

38 25Omit section 28 (test purchases).

39 (1) Section 29 (powers of search etc) is amended as follows.

(2) In subsection (1) for “any of the powers conferred by the following
provisions of this section” substitute “the power conferred by subsection
(4)”.

(3) 30Omit subsections (2), (3), (5) and (6).

(4) In subsection (7) omit—

(a) “, (5) or (6)”, and

(b) “or records”.

40 (1) Section 30 (provisions supplemental to section 29) is amended as follows.

(2) 35In subsection (1)—

(a) for “29” substitute “29(4)”, and

(b) omit “or records” in both places.

(3) In subsection (2)(a)(i)—

(a) omit “goods or”, and

(b) for “29” substitute “29(4)”.

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

(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
5Part” substitute “section 29(4) of this Act or Schedule 5 to the Consumer
Rights 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) 10for “so acting” substitute “acting in pursuance of section 31”,

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

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

45 In section 44(4) (service of documents)—

(a) 20omit “28(2) or”, and

(b) omit “purchased or” in each place.

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

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

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

30Copyright, Designs and Patents Act 1988 (c. 48)1988 (c. 48)

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

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

(2) Omit subsection (2).

(3) 35In 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

Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

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

(2) 5Omit 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
10measures 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)

50 The Clean Air Act 1993 is amended as follows.

51 (1) 15Section 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
20Schedule 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
25purposes of the duty in subsection (7), see Schedule 5 to the
Consumer Rights Act 2014.”

52 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
30purposes of the duty in subsection (4)(a), see Schedule 5 to the
Consumer Rights Act 2014.”

53 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
35Consumer Rights Act 2014 (investigatory powers)”.

54 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”.

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

“(7) 40This 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.”

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

(a) omit “IV or”, and

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

5Sunday Trading Act 1994 (c. 20)1994 (c. 20)

57 (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) Before paragraph 5 insert—

10“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
Act 2014.”

15Trade Marks Act 1994 (c. 26)1994 (c. 26)

58 (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) In subsection (3) omit the words from “For that purpose” to the end of the
20subsection.

(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
Investment in Northern Ireland for the purposes of the duties in this
25section, see Schedule 5 to the Consumer Rights Act 2014.”

Olympic Symbol etc (Protection) Act 1995

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

(2) Omit subsection (2).

(3) 30In 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
measures authority or the Department of Enterprise, Trade and
35Investment 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

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

61 In section 57(1) (retention of seized items)—

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

(b) 5after paragraph (r) insert—

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

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

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

(3) 10Before 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
paragraph 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
15to 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) In subsection (9)—

(a) omit paragraph (c),

(b) 20at the end of paragraph (d) insert “or”, and

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

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

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

(b) 25in paragraph (h) for “29” substitute “29(4)”,

(c) in paragraph (o) for “22” substitute “22(4)”, and

(d) after paragraph (p) insert—

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

64 (1) 30Part 1 of Schedule 1 (powers to which section 50 applies) is amended as
follows.

(2) Omit—

(a) paragraph 9,

(b) paragraph 16,

(c) 35paragraph 18,

(d) paragraph 19,

(e) paragraph 24,

(f) paragraph 36,

(g) paragraph 73BA,

(h) 40the first paragraph 73G,

(i) the second paragraph 73J,

(j) the second paragraph 73K,

(k) paragraph 73N, and

(l) paragraph 73O.

(3) In paragraph 45 for “29(4), (5) and (6)” substitute “29(4)”.

(4) In the second paragraph 73G for “22(4) to (6)” substitute “22(4)”.

(5) After paragraph 73M insert—

“Consumer Rights Act 2014

73P 5Each 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.”

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

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

(3) In paragraph 3 for “29” in each place substitute “29(4)”.

(4) 10In paragraph 4A—

(a) for “23” substitute “22(4)”, and

(b) for “22” substitute “22(4)”.

(5) After paragraph 4A insert—

“4D Paragraph 39 of Schedule 5 to the Consumer Rights Act 2014
15(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

4E 20Subject 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
25things seized under Part 4 of that Schedule.”

(6) In paragraph 8 for “29” in each place substitute “29(4)”.

(7) In paragraph 9A—

(a) for the first “22” substitute “22(4)”, and

(b) for “products under regulations 22 of those Regulations.” substitute
30“those items, as it applies to the seizure and detention of products
under regulation 22(4) of those Regulations.”

(8) After paragraph 9A insert—

“9D Paragraph 41 of Schedule 5 to the Consumer Rights Act 2014
(compensation for seizure and detention) shall apply in relation to
35the seizure of items under section 50 of this Act in reliance on the
power 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

66 The Enterprise Act 2002 is amended as follows.

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

68 Omit section 225 (power of other enforcer to require the provision of
5information).

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

70 Omit section 227 (enforcement of notices).

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

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

73 10Omit section 227C (power to enter premises with warrant).

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

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

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

77 15Before 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
Consumer Rights Act 2014.”

78 20In section 228 (evidence) omit subsection (4).

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

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

• “Paragraph 13(2), (3) or (7) of Schedule 5 to the Consumer
  25Rights Act 2014.”

Fireworks Act 2003 (c. 22)2003 (c. 22)

81 (1) Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (a), and

(b) 30in paragraph (b), for “29(1) to (5), (6)(a) and (7)” substitute “29(4) and
(7)”.

(3) After subsection (2) insert—

“(2A) For the investigatory powers available to a local weights and
measures authority for the purposes of the duty to enforce imposed
35by virtue of subsection (1) (in addition to the powers in Part 4 of the
Consumer Protection Act 1987), see Schedule 5 to the Consumer
Rights Act 2014.”

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

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

(2) Omit subsection (3).

(3) 5Before 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.”

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

83 (1) 10Section 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)”.

Consequential repeals and revocations

84 15In 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
(SI 1999/503SI 1999/503);

(c) 20paragraph 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) regulation 47(2) to (5) of the General Product Safety Regulations 2005
25(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
(Amendment) Regulations 2006 (SI 2006/3363SI 2006/3363);

(h) 30section 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
35Unfair 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) 40paragraphs 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 Enterprise 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 5In section 210 (consumers), omit subsection (5).

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

(2) In 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)
10is a domestic infringement only if at least one of the following is
satisfied—

(a) the 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)
15to or for a person in the United Kingdom (see section 232).”

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

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

5 (1) 20Section 214 (consultation) is amended as follows.

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

(3) After subsection (4) insert—

“(4A) This subsection applies where the person against whom the
25enforcement order would be made is a member of, or is represented
by, a representative body, and that body operates a consumer code
which has been approved by—

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

(b) 30a 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
approval of consumer codes.

(4B) 35In 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
  means the conduct of persons engaged in the supply of goods
  40or 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

  Consumer Rights BillPage 99

  particular 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
5is made to take enhanced consumer measures (defined in section
219A) 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) 10Subsections (10A) and (10B) are subject to section 219C in a case
where 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
15measures, the order or undertaking may include requirements as to
the 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) 20An undertaking under this section may include a further
undertaking 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
25documents to the enforcer in order that the enforcer may
determine 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 30 Definition of enhanced consumer measures

(1) In 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) 35the choice category described in subsection (4).

(2) The measures in the redress category are—

(a) measures 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
40undertaking,

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

(c) where such consumers cannot be identified, or cannot be
45identified without disproportionate cost to the subject of the