Butterworths Trading and Consumer Law

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Commentary

The most comprehensive work on consumer law in the UK, covering every aspect practitioners need to know for enforcing or advising on consumer protection law. The title provides expert commentary together with all relevant statutory materials, documents and cases - fully annotated. Each distinct branch of the law has a division to itself, containing all relevant statutes, regulations and European material together with informative practice notes and codes of practice.

SOURCE CURRENCY
Issue 131, November 2019

UPDATE INFORMATION
Throughout the work the change of name of the Department of Business, Innovation and Skills (BIS) to the Department of Business, Energy and Industrial Strategy (BEIS) is noted and information on updated guidance documents issued by the Competition and Markets Authority is provided.

There has been general updating of the work. Of particular note are the following:

Brexit planning
Prospective amendments that will come into force on 'Exit Day' in the event of the United Kingdom leaving the European Union, have been inserted as 'Prospective amendments' where applicable. No alterations have been made to the commentary to take into account these prospective changes; this will be updated, together with the insertion of the amendments into the statutory material, in a future Issue, when Exit Day is confirmed.
There has also been general updating of the work. Of particular note are the following:

Division 0
Amendments to PACE Code C on the detention, treatment and questioning of persons by Police Officers have been inserted. The prospective repeal, from 17 January 2020, of Regulation (EC) No 2006/2004 of the European Parliament and of the Council 2006/2004/EC of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) by Regulation (EU) No 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 2006/2004 is noted; Regulation (EU) No 2017/2394 being inserted at 0[125A].

Division 1
Amendment to the Annex to Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (2009/22/EC) by Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services is noted; Directive (EU) 2019/770) itself being inserted at 1[1115]. Amendments to the Consumer Rights Act 2015 by the Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2019 (SI 2019/1074), are incorporated.

Division 1A
There has been general updating regarding guidance available for particular types of transactions under the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277).

Division 3
The following measures have been inserted:
  • the Renting Homes (Fees etc) (Wales) Act 2019 at 3[939AS];

  • the Renting Homes (Fees etc) (Wales Act 2019 (Commencement No 1) Order 2019 (SI 2019/1150, W 200) at 3[939CB]; and

  • the Renting Homes (Fees etc) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (SI 2019/1151, W 201) at 3[939CE].


  • Division 4
    Amendments made to the Financial Services and Markets Act 2000 by the Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (SI 2019/1043) are incorporated. Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2019 (SI 2019/1067), are also included.

    Division 5
    There has been updating of The BCAP Code: The UK Code of Broadcast Advertising; The Property Ombudsman Code of Practice for Residential Estate Agents (England Wales and Northern Ireland); The Property Ombudsman Code of Practice for Residential Letting Agents (England, Wales and Northern Ireland) and the Institute of Professional Willwriters and the Institute of Scottish Professional Willwriters Code of Practice.

    Division 6
    The Prescribed Objects for Intimate Piercing (Wales) Regulations 2019 (SI 2019/1120, W 194) have been inserted at 6[332O] and there has been updating regarding the Firearms Act 1968.

    Division 7
    There has been updating of information on Local Authorities and Government Departments, Consumer Organisations and Public Bodies.

Contributors

 Cowan Ervine BA, LLB (Dub), LLM (Lon), Honorary Teaching Fellow in Law at the University of Dundee Author
 Deborah Parry MBE, BA (LAW), Consumer Law Consultant and Lecturer, Honorary Fellow in Law at the University of Hull Author