Butterworths Trading and Consumer Law

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Commentary

SOURCE CURRENCY
Issue 134, November 2020

The Implementation of Brexit
Having left the European Union on 31 January 2020, and entered the Implementation Period, the United Kingdom is due to complete its departure at 11pm on 31 December 2020 (Implementation Period completion day). Much of the legislation covered in this work will be subject to amendment in order to preserve, in the domestic law, the legal position that exists immediately before IP completion day, as far as possible. Some existing laws will also be repealed/revoked as a result on leaving the EU to reflect the changed relationship between the UK and the EU.
To plan for this, many prospective amendments have been introduced as subordinate legislation. All changes available by mid-September 2020 have been inserted, where applicable, in this work, marked as ‘Prospective amendments’.
Amending statutory instruments made in 2018 and 2019 were due to come into force on, or immediately before, ‘Exit Day’ in the event of the United Kingdom leaving the European Union. The European Union (Withdrawal Agreement) Act 2020 made provision for the alteration of all commencements linked to ‘Exit Day’. Commencement of these measures has now been delayed until the end of the implementation period ie until ‘IP completion day’, see Sch 5, para 1, of the Act.
Amending statutory instruments that have been made following the departure of the UK from the EU on 31 January 2020, are now due to come into force on, or immediately before, IP completion day.
No alterations have yet been made to the commentary to take into account any of these prospective changes, which may undergo further changes before IP completion day.

Legal position from 1 January 2021
As the next Service Issue will not be published until early 2021, when using this work any time after 11pm on 31 December 2020, it will be necessary to check the notes to each statutory provision to see if there are any ‘prospective amendments’ mentioned. If these amendments are to be implemented on, or around either ‘Exit Day’ or ‘IP completion day’ they are expected to have come into effect. This is subject to any further amendments introduced after mid-September 2020, when this Issue was prepared.
The commentary will be fully updated, together with the insertion of all the ‘Brexit’ amendments into the statutory material, in Issue 135.

Issue 134
There has been a general updating of the work. Of particular note are the following:

Division 0
The introduction of the Criminal Procedure Rules 2020 (SI 2020/759) is covered; together with a revised version of the application for a summons at 0[126]. Guidance regarding the transfer of the powers of the Secretary of State under Sch 4A of the Regulatory Enforcement and Sanctions Act 2008 to the Director of the Office for Product Safety and Standards, is noted.

Division 1
Amendments made to the Consumer Rights Act 2015 by the Birmingham Commonwealth Games Act 2020 are included.

Division 2
Amendments made to the Consumer Protection Act 1987, s 29, by the Investigatory Powers Act 2016 have been inserted at 2[194].

Division 4
Amendments made to the Consumer Credit Act 1974 by the Business and Planning Act 2020 have been inserted as have amendments to the Financial Services and Markets Act 2000 by the Investigatory Powers Act 2016.

Division 6
The Education (Recognised Bodies) (England) Order 2020 (SI 2020/573) has been inserted at 6[429], in place of the Education (Recognised Bodies) (England) Order 2013 (SI 2013/2992).
The Birmingham Commonwealth Games Act 2020 has been inserted at 6[483].
The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 (SI 2020/971) have been inserted at 6[638CK].
Amendments to the Single Use Carrier Bags Charge (Wales) Regulations 2010 (SI 2010/2880, W 238) by the Single Use Carrier Bags Charge (Wales) (Amendment) (No 2) Regulations 2020 (SI 2020/593, W 134) have been incorporated.
Amendments made to the UEFA European Championship (Scotland) Act 2020 by the Coronavirus (Scotland) (No 2) Act 2020 are included.
The UEFA European Championship (Scotland) Act 2020 (Ticket Touting Offence) (Exceptions for Use of Internet etc) (Scotland) Regulations 2020 have been inserted 6[1197]

Division 7
The Agency Directories for Local Authorities and Government Departments, Consumer Organisations and Public Bodies have been updated.

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