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Enhancing Consumer Confidence Through Effective Enforcement

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Enhancing Consumer Confidence Through Effective Enforcement ENHANCING CONSUMER CONFIDENCE THROUGH EFFECTIVE ENFORCEMENT Supplementary Legislative Document for the Consultation on consolidating and modernising consumer law enforcement powers MARCH 2012 Supplementary document for Enhancing consumer confidence through effective enforcement 2 Supplementary document for Enhancing consumer confidence through effective enforcement Contents Table 1: List of enforcement bodies within the scope of this consultation.......................................4 Table 2: Details of legislative provisions to be repealed or amended ...............................................5 Table 3: Enhanced powers of seizure under section 50 of the Criminal Justice and Police Act 2001 ........................................................................................................................................................13 Table 4: List of product safety powers to be included with generic set ..........................................15 Table 5: List of specific weights and measures powers to be included with the generic set........16 Table 6: Details of changes to obstruction offence ...........................................................................18 3 Supplementary document for Enhancing consumer confidence through effective enforcement Table 1: List of enforcement bodies within the scope of this consultation The following enforcement bodies have powers under the legislation within the scope of this consultation: 1. Office of Fair Trading (OFT); 2. Local weights and measures authorities in Great Britain (also known as Trading Standards Services), which include unitary authority councils, county councils, district councils, county borough councils, London borough councils, City of London Council, Council of the Isles of Scilly or inspectors appointed by these bodies for the purpose of enforcing these provisions; 3. Department of Enterprise, Trade and Investment in Northern Ireland (DETI); 4. Medicines and Healthcare Regulatory Authority (MHRA); 5. British Hallmarking Council 6. Assay Offices Consumer Protection Act 1987 and General Product Safety Regulations 2005: 7. District Councils in Northern Ireland; Consumer Protection Cooperation (CPC) enforcers under the Enterprise Act 2002: 8. Civil Aviation Authority (CAA); 9. Financial Services Authority (FSA); 10. Secretary of State for Health; 11. Department of Health, Social Services and Public Safety in Northern Ireland (DHSSPS); 12. Office of Communications (Ofcom); 13. PhonepayPlus (previously known as Independent Committee for the Supervision of Standards of the Telephone Information Services (ICSTIS) 4 Supplementary document for Enhancing consumer confidence through effective enforcement Table 2: Details of legislative provisions to be repealed or amended Provisions to be Statutes Relevant Enforcement body repealed, or amended where stated 1 Christmas Day Unitary authority councils, county councils, district Section 3(1)-(3) (Trading) Act 2004 councils, county borough councils, London borough councils, City of London Council, Council of the Isles of Scilly or inspectors appointed by these bodies for the purpose of enforcing these provisions 2 Clean Air Act 1993 Local weights and measures authorities Section 30(4)-(5) 3 Consumer Credit Office of Fair Trading, Department of Enterprise, Sections 161- 165 Act 1974 Trade and Investment Northern Ireland (DETI formerly Department of Commerce for Northern Ireland), local weights and measures authorities in Great Britain 4 Consumers, Estate Office of Fair Trading, Department of Enterprise, Section 57 amends Agents and Trade and Investment Northern Ireland (DETI Section 11 of the Estate Redress Act 2007 formerly Department for Commerce in Northern Agents Act 1979 Ireland), Local weights and measures authorities in Great Britain 5 Consumer Local weights and measures authorities in Great Part 4 - Sections 27-35 Protection Act Britain, district councils in Northern Ireland (except Section 31 1987 Power of customs officers) We will also make sure that the power under section 27(2) and the subordinate legislation made under it is saved 6 Copyright, Designs Department of Enterprise, Trade and Investment Sections 107A, 198A. and Patents Act Northern Ireland (DETI formerly Department for We will ensure that 1988 Economic Development for Northern Ireland), section 198A(4) which local weights and measures authorities in Great provides for disclosure Britain facilitating enforcement of the Trade Descriptions Act 1968 is saved 5 Supplementary document for Enhancing consumer confidence through effective enforcement Provisions to be Statutes Relevant Enforcement body repealed, or amended where stated 7 Enterprise Act Office of Fair Trading, Department of Enterprise, Amend Sections 213, 2002 (Part 8) Trade and Investment Northern Ireland (DETI), 225, and repeal local weights and measures authorities in Great Sections 227A-227F Britain, Civil Aviation Authority, Financial Services Authority, Secretary of State for Health, Department of Health, Social Services and Public Safety in Northern Ireland, Office of Communications, the Independent Committee for the Supervision of Standards of the Telephone Information Services, Information Commissioner 8 Estate Agents Act Office of Fair Trading, Department of Enterprise, Sections 11, 26-27 1979 Trade and Investment Northern Ireland (DETI formerly Department for Commerce in Northern Ireland), local weights and measures authorities in Great Britain 9 Hallmarking Act Local weights and measures authorities in Great Section 9 1973 Britain, British Hallmarking Council and Assay Offices, Department of Enterprise, Trade and Investment Northern Ireland (DETI formerly Ministry of Commerce for Northern Ireland) 10 Olympic Symbol Local weights and measures authorities in Great Section 8A etc (Protection) Britain Department of Enterprise, Trade and Act 1995 Investment Northern Ireland (DETI) 11 Prices Act 1974 Department of Enterprise, Trade and Investment Section 7, Schedule, Northern Ireland (DETI formerly Department for paragraph 6-7, 9-10, 14 Commerce for Northern Ireland), local weights and measures authorities in Great Britain 12 Property Department of Enterprise, Trade and Investment Section 3, Schedule Mis-descriptions Northern Ireland (DETI formerly Department for Act 1991 Economic Development in Northern Ireland), local weights and measures authorities in Great Britain 13 Sunday Trading Unitary authority councils, county councils, district Schedule 2, Act 1994 councils, county borough councils, London Paragraphs 1-4 borough councils, City of London Council, Council of the Isles of Scilly. 14 Trade Descriptions Local weights and measures authorities in Great Sections 26-33 Act 1968 Britain 15 Trade Marks Act Local weights and measures authorities in Great Section 93 1994 Britain We will ensure that section 93(4) which provides for disclosure facilitating enforcement of the Trade Descriptions Act 1968 is saved 6 Supplementary document for Enhancing consumer confidence through effective enforcement Provisions to be Statutes Relevant Enforcement body repealed, or amended where stated 16 Video Recordings Local weights and measures authorities in Great Section 16A Act 1994 Britain 17 Weights and Weights and measures authorities as defined in Sections 11(4), 38-42, Measures Act 1985 section 69: In England, each non-metropolitan 79-81 county, metropolitan district and London borough council, the Council for the City of London and the Inner and Middle Temples and the Council of the Isles of Scilly. In Wales, the local weights and measures authority for each county council and county borough council. In Scotland, the local weights and measures authority for the area of each council constituted under section 2 of the Local Government etc (Scotland) Act 1994 Statutory Provisions to be Instruments: Relevant Enforcement body repealed, or amended Fair Trading where stated 1 Business Department of Enterprise, Trade and Investment Regulations 13-14, 21- Protection from Northern Ireland (DETI), Local weights and 13-27 Misleading measures authorities in Great Britain Marketing Regulations 2008 [SI 2008/1276] 2 Consumer Department of Enterprise, Trade and Investment Part 4 Protection from Northern Ireland (DETI), Local weights and Regulations 19-25 Unfair Trading measures authorities in Great Britain Regulations 2008 [SI 2008/1277] 3 Estate Agents Office of Fair Trading, Department of Enterprise, The whole regulation (Entry and Trade and Investment Northern Ireland (DETI Inspection) formerly Department for Commerce in Northern Regulations 1981 Ireland), local weights and measures authorities [SI 1981/1519] in Great Britain 4 Cancellation of Department of Enterprise, Trade and Investment Regulations 21-24 Contracts made in Northern Ireland (DETI), Local weights and a Consumer's measures authorities in Great Britain Home or Place of Work etc Regulations 2008 [SI 2008/1816] 5 Consumer Credit Office of Fair Trading, Department of Enterprise, The whole regulation (Entry and Trade and Investment Northern Ireland (DETI Inspection) formerly Department of Commerce for Northern Regulations 1977 Ireland), local weights and measures authorities [SI 1977/331] in Great Britain 7 Supplementary document for Enhancing consumer confidence through effective enforcement Statutory Provisions to be Instruments: Relevant Enforcement body repealed, or amended Fair Trading where stated 6 Crystal Glass Local weights and measures authorities in Great Regulation 8(3-4) (Descriptions) Britain Regulations 1973 [SI
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