Butterworths Trading and Consumer Law

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Commentary

SOURCE CURRENCY
Issue 132, March 2020

Brexit planning
Prospective amendments that would come into force on ‘Exit Day’ in the event of the United Kingdom leaving the European Union, have already been inserted as ‘Prospective amendments’ where applicable. The European Union (Withdrawal Agreement) Act 2020 has now made provision for the alteration to the coming into force of subordinate legislation due to be implemented on ‘Exit Day’. Commencement has now been delayed until the end of the implementation period ie until ‘IP completion day’. This is contained in Sch 5, para 1 of the Act, which provides:

Subordinate legislation with commencement by reference to exit day
1(1) Any provision in subordinate legislation made before exit day under—
(a) any provision of the European Union (Withdrawal) Act 2018 (or any provision made under any such provision), or
(b) any other enactment,which provides, by reference to exit day (however expressed), for all or part of that or any other subordinate legislation to come into force immediately before exit day, on exit day or at any time after exit day is to be read instead as providing for the subordinate legislation or (as the case may be) the part to come into force immediately before IP completion day, on IP completion day or (as the case may be) at the time concerned after IP completion day.

‘IP completion day’ is defined in s 39(1) of the Act as meaning ‘31 December 2020 at 11.00 pm (and see subsections (2) to (5))’.
Subsections (2)–(5) state:

(2) In this Act references to before, after or on IP completion day, or to beginning with IP completion day, are to be read as references to before, after or at 11.00 pm on 31 December 2020 or (as the case may be) to beginning with 11.00 pm on that day.
(3) Subsection (4) applies if, by virtue of any change to EU summer-time arrangements, the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end on a day or time which is different from that specified in the definition of ‘IP completion day’ in subsection (1).
(4) A Minister of the Crown may by regulations—
(a) amend the definition of ‘IP completion day’ in subsection (1) to ensure that the day and time specified in the definition are the day and time that the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end, and
(b) amend subsection (2) in consequence of any such amendment.
(5) In subsection (3) ‘EU summer-time arrangements’ means the arrangements provided for by Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements.

No alterations have been made to the commentary to take into account any of these prospective changes, which may undergo changes before IP Day. The commentary will be updated, together with the insertion of the amendments into the statutory material, in future Issues.
There has been general updating of the work. Of particular note are the following:

Division 0
The commencement of Regulation (EU) No 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws, see 0[125A], is discussed. The amendment to Regulation (EU) No 2017/2394 by Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and the prospective amendment by Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, from 1 January 2022 are noted.
A prospective amendment to the Regulatory Enforcement and Sanctions Act 2008 by the Offensive Weapons Act 2019 is noted.

Division 1
In addition to general updating, the effect of the introduction of Regulation (EU) No 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws on the Enterprise Act 2002; the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments) Order 2006 (SI 2006/3371); and the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 (SI 2006/3372) is detailed.
Directive (EU) 2019/2161 regarding the better enforcement and modernisation of Union consumer protection rules is inserted at 1[1144]. Its commencement date is 7 January 2020 but it will not be applicable until 28 May 2022. Amendments made by it to Council Directive 93/13/EEC and Directives 2005/29/EC and 2011/83/EU are noted.
A prospective amendment to the Consumer Rights Act 2015 by the Offensive Weapons Act 2019 is indicated.

Division 2
Amendments to Council Directive on Consumer Protection in the Indication of the Prices of Products offered to Consumers 98/6/EC made by Directive (EU) 2019/2161 regarding the better enforcement and modernisation of Union consumer protection rules, introduced from 7 January 2020, applicable from 28 May 2022, are noted.
The Public Health (Minimum Price of Alcohol) (Minimum Unit Price) (Wales) Regulations 2019 (SI 2019/1472, W 260) are inserted at 2[152].

Division 3
Information on the new Dealer’s Notice, under the Hallmarking Act 1973, is provided at 3[643C]. New age rating symbols issued by the Games Rating Authority, to be used on video games, are illustrated at 3[543B].
The Renting Homes (Fees etc) (Holding Deposit) (Specified Information) (Wales) Regulations 2019 (SI 2019/1493, W 272) are inserted at 3[939CI].

Division 4
Amendments made to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) by the Electronic Commerce and Solvency 2 (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/1361) have been inserted.
Amendments made to Directive 2008/48/EC on Credit Agreements for Consumers by Regulation (EU) 2019/1243 have been incorporated.

Division 5
A revised version of the Direct Marketing Association Code, now known as the Data and Marketing Association Code, is inserted at 5[377]. There has also been updating of the RAC Approved Garage and Accredited Repairer Customer Charter and Code of Conduct at 5[554BY].

Division 6
Prospective amendments to the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (SI 2015/895) by the Human Medicines (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/775) and to the Criminal Justice Act 1988 by the Offensive Weapons Act 2019 have been noted.
Amendments to the Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 (SI 2001/3523) by the Motorcycles (Type-Approval) Regulations 2018 (SI 2018/235) have been inserted.

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