SCHEDULE 6 continued
Contents page 1-9 10-24 25-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-118 120-124 Last page
Consumer Rights BillPage 90
(2) In subsection (1), omit paragraph (c).
(3) After subsection (1) insert—
“(1A)
For the investigatory powers available to the Department of
Enterprise, Trade and Investment in Northern Ireland for the
5purposes of the duty in subsection (1)(b), see Schedule 5 to the
Consumer Rights Act 2014.”
9
(1)
Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as
follows.
(2) 10After subsection (2) insert—
“(2A)
For the investigatory powers available to a local weights and
measures authority, the Council and an assay office for the purposes
of the duty in subsection (1) and the power in subsection (2), see
Schedule 5 to the Consumer Rights Act 2014.”
(3) 15Omit subsections (3), (4) and (7).
10 (1) The Schedule to the Prices Act 1974 (enforcement) is amended as follows.
(2) Omit paragraphs 3, 7, 9 and 10.
(3) In paragraph 14(1) omit “and paragraph 10 above shall be omitted”.
(4) 20After paragraph 14 insert—
“15
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 duty in
paragraph 6, see Schedule 5 to the Consumer Rights Act 2014.”
11 The Consumer Credit Act 1974 is amended as follows.
12 In section 161 (enforcement authorities), after subsection (1) insert—
“(1A)
For the investigatory powers available to a local weights and
measures authority or the Department of Enterprise, Trade and
30Investment in Northern Ireland for the purposes of the duty in
subsection (1), see Schedule 5 to the Consumer Rights Act 2014.”
13 Omit section 162 (powers of entry and inspection).
14 Omit section 163 (compensation for loss).
15 Omit section 164 (power to make test purchases etc).
16 35Omit section 165 (obstruction of authorised officers).
17
In Schedule 1 (prosecution and punishment of offences) omit the entries for
sections 162(6), 165(1) and 165(2).
Consumer Rights BillPage 91
18 The Estate Agents Act 1979 is amended as follows.
19
In section 3(1)(cb) (power to make orders prohibiting unfit persons from
doing estate agency work: failure to comply with section 9(1) or 11(1A)(b))
5for “section 9(1) or 11(1A)(b) below” substitute “paragraph 14 or 27 of
Schedule 5 to the Consumer Rights Act 2014”.
20
In section 9 (information for the lead enforcement authority) omit
subsections (1) to (4).
21 Omit section 11 (powers of entry and inspection).
22 10Omit section 11A (failure to produce information).
23 In section 26 (enforcement authorities), after subsection (1) insert—
“(1A)
For the investigatory powers available to an authority for the
purposes of the duty in subsection (1), see Schedule 5 to the
Consumer Rights Act 2014.”
24 15Omit section 27 (obstruction and personation of authorised officers).
25
(1)
Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is
amended as follows.
(2)
For “section 9 of this Act” substitute “paragraph 14 of Schedule 5 to the
Consumer Rights Act 2014”.
(3) 20Omit “or the production of documents”.
26
(1)
Section 16A of the Video Recordings Act 1984 (enforcement) is amended as
follows.
(2) Omit subsections (1A), (1B) and (2).
(3) 25In subsection (4)—
(a) for “Subsections (1) and (1A)” substitute “Subsection (1)”, and
(b) 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
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.”
(5) Omit subsection (4A).
27 35The Weights and Measures Act 1985 is amended as follows.
28
In section 38(2) (special powers of inspectors with respect to certain goods)
for “section 79 below” substitute “Schedule 5 to the Consumer Rights Act
2014”.
Consumer Rights BillPage 92
29 Omit section 42 (power to make test purchases).
30 Omit section 79 (general powers of inspection and entry).
31 Before section 80 insert—
5For the investigatory powers available to a local weights and
measures 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
10under this Part of this Act”.
34 (1) Section 84 (penalties) is amended as follows.
(2) In subsection (2), after the entry for section 20(8) insert—
“section 80;
section 81(1);
15section 81(2);”.
(3) Omit 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)”.
36 The 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
25Consumer Rights Act 2014 (as well as section 29).”
38 Omit 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
30(4)”.
(3) Omit subsections (2), (3), (5) and (6).
(4) In subsection (7) omit—
(a) “, (5) or (6)”, and
(b) “or records”.
40 (1) 35Section 30 (provisions supplemental to section 29) is amended as follows.
(2) In subsection (1)—
(a) for “29” substitute “29(4)”, and
(b) omit “or records” in both places.
(3) In subsection (2)(a)(i)—
Consumer Rights BillPage 93
(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
5In 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
Rights Act 2014”.
42 In section 32(1) (obstruction of authorised officer)—
(a) in paragraph (a)—
(i) 10for “any provision of this Part” substitute “section 29(4)”, and
(ii) for “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
1529(4)”.
43
In 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 20In section 44(4) (service of documents)—
(a) omit “28(2) or”, and
(b) omit “purchased or” in each place.
46
(1)
Section 215 of the Education Reform Act 1988 (unrecognised degrees:
25enforcement) 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) 30Omit subsections (2) to (8).
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) 35Omit 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
40measures authority or the Department of Enterprise, Trade and
Consumer Rights BillPage 94
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.”
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
Consumer Rights BillPage 95
(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”.
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—
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.”
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.”
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.”
Consumer Rights BillPage 96
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.
Consumer Rights BillPage 97
(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—
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.
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.”
Consumer Rights BillPage 98
66 The Enterprise Act 2002 is amended as follows.
67 Omit section 224 (power of CMA 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—
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.”
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.”
Consumer Rights BillPage 99
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.”
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)”.
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.