type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A66 Trunk Road (Temple Sowerby Bypass and Improvements at Winderwath) Order 2004, and shall come into force on 10th November 2004.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the plan” means the plan numbered HA10/OD/394, marked “The A66 Trunk Road (Temple Sowerby Bypass and Improvements at Winderwath) Order 200 ”, signed by authority of the Secretary of State and deposited at DTLR Records Management Branch, Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The main new road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respect any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for the highway. The date specified will not be later than that date on which the relevant route is open for traffic.
Signed by authority of the Secretary of State
Derek Drysdale
Divisional Director for the Highway Agency
7th October 2004


text:
1
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2004.
2
Except for regulation 2, which comes into force on 1st May 2004, these Regulations come into force on 1st April 2004.
2
For the definition of “transfer note” in regulation 2(1) of the Landfill Tax Regulations 1996 substitute —
“transfer note” is a transfer note within the meaning of–
the Environmental Protection (Duty of Care) Regulations 1991 ; or
the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 ;
3
For “6.5” in regulation 31(3) of the Landfill Tax Regulations 1996 substitute “6.8”.
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
17th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Commerce (EC Directive) (Extension) Regulations 2004 and shall come into force on 14 th May 2004.
Application of the E-Commerce Regulations
2
The Electronic Commerce (EC Directive) Regulations 2002 shall apply to the Sexual Offences Act 2003 notwithstanding regulation 3(2) of those Regulations.
Amendment of the E-Commerce Regulations
3
1
The Electronic Commerce (EC Directive) Regulations 2002 are amended as follows.
2
For regulation 3(2) there is substituted–
2
These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in relation to the exercise of a power to legislate after that date.
.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
19th April 2004


text:
1
This Order may be cited as the A6 Trunk Road (Leicester to M1 Motorway) (Detrunking) Order 2004 and shall come into force on 20th September 2004.
2
In this Order —
i
“the principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A6 Trunk road; and
iii
“the plan” means the plan, numbered HA 10/PS/270, marked “The A6 Trunk Road (Leicester to M1 Motorway) (Detrunking) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at DEF Records Management Branch Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by the authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director Highways Agency
3rd July 2004


text:
1
1
The Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 1) Order 2004.
2
In this Order “ the Act ” means the Crime (International Co-operation) Act 2003.
2
Sections 49 to 51 of the Act shall come into force on 26th March 2004.
3
1
The following provisions of the Act shall come into force on 26th April 2004.
2
Those provisions are —
sections 1 to 9;
sections 13 to 19, together with Schedule 1;
sections 26 to 31, together with Schedule 2;
sections 47 and 48;
sections 52 and 53;
sections 80 to 85;
section 88;
section 91;
paragraphs 1 to 4, 7 to 16, 38 to 44, 61 to 71, 75 to 83 of Schedule 5; and
the entries in Schedule 6 which are listed in paragraph (3).
3
The entries in Schedule 6 (repeals) are those relating to —
the Criminal Justice Act 1987 ;
the Criminal Justice (International Co-operation) Act 1990 ;
the Criminal Justice and Public Order Act 1994 ;
the Criminal Law (Consolidation) (Scotland) Act 1995 ;
the Criminal Justice and Police Act 2001 ; and
the Proceeds of Crime Act 2002 .
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
16th March 2004


text:
This Order may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) Rules Order of Council 2004, and shall come into force on 1st November 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Betting and Gaming Duties Act 1981 (Bingo Prize Limit) Order 2004 and shall come into force on 20th February 2004.
Increase in prize limit
2
Paragraph 5 of Schedule 3 to the Betting and Gaming Duties Act 1981 (exemption from bingo duty for certain small-scale, commercially provided bingo games) shall have effect as if for the sum mentioned in sub-paragraph (2)(c) there were substituted “£25” .
Revocation
3
The Betting and Gaming Duties Act 1981 (Bingo Prize Limit) Order 1999 is revoked.
Michael Hanson
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
27th January 2004


text:
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004.
2
The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 30 th September 2004–
a
in Part 9 (miscellaneous powers)–
i
section 85(6) (anti-social behaviour orders) to the extent not already in force;
ii
section 88 (curfew orders and supervision orders) in so far as it relates to the sub-paragraphs of Schedule 2 detailed in paragraph (iii) below; and
iii
paragraphs 1, 2(1) and (3), 3, 4, 5 and 6 of Schedule 2 (curfew orders and supervision orders);
b
in Part 10 (general)–
i
section 92 (repeals) in so far as it relates to the entries in Schedule 3 in sub-paragraph (ii) below; and
ii
in Schedule 3 (repeals), the entries relating to Schedules 6 and 7 of the Powers of Criminal Courts (Sentencing) Act 2000 .
3
1
The following provisions of the Anti-social Behaviour Act 2003 shall come into force in the areas of the local authorities specified in paragraph (2) below on 30 th September 2004–
a
in Part 9 (miscellaneous powers)–
i
section 88 (curfew orders and supervision orders) in so far as it relates to paragraph 2(2) of Schedule 2; and
ii
paragraph 2(2) of Schedule 2 (curfew orders and supervision orders);
b
in Part 10 (general)–
i
section 92 (repeals) in so far as it relates to the entry in Schedule 3 in paragraph (ii) below; and
ii
in Schedule 3 (repeals), the entry relating to section 37(4) of the Powers of Criminal Courts (Sentencing) Act 2000.
2
The following local authorities are specified for the purposes of paragraph (1) above–
a
Birmingham City Council;
b
Bolton Metropolitan Borough Council;
c
Bridgend County Borough Council;
d
Calderdale Metropolitan Borough Council;
e
Cardiff County Council;
f
City and County of Swansea Council
g
Coventry City Council
h
Kirklees Metropolitan Council;
i
Leeds City Council;
j
Liverpool City Council;
k
London Borough of Barking and Dagenham;
l
London Borough of Bexley
m
London Borough of Bromley;
n
London Borough of Croydon;
o
London Borough of Greenwich;
p
London Borough of Havering;
q
London Borough of Lewisham;
r
London Borough of Merton;
s
London Borough of Redbridge;
t
London Borough of Richmond upon Thames;
u
London Borough of Southwark;
v
London Borough of Sutton;
w
London Borough of Waltham Forest;
x
Merthyr Tydfil County Borough Council;
y
Neath Port Talbot County Borough Council;
z
Nottingham City Council;
aa
Oldham Metropolitan Borough Council;
bb
Rhonda Cynon Taf County Borough Council;
cc
Royal Borough of Kingston upon Thames;
dd
Solihull Metropolitan Borough Council;
ee
Stockport Metropolitan Borough Council;
ff
Thameside Metropolitan Borough Council; and
gg
Vale of Glamorgan Council.
4
1
Section 85(5) (anti-social behaviour orders) of the Anti-social Behaviour Act 2003 shall, to the extent not already in force, come into force on 1 st October 2004 for a period of eighteen months in relation to applications for anti-social behaviour orders in county court proceedings made at the county courts specified in paragraph (2) below.
2
The following county courts are specified for the purposes of paragraph (1) above–
a
Bristol;
b
Central London;
c
Clerkenwell;
d
Dewsbury;
e
Huddersfield;
f
Leicester;
g
Manchester;
h
Oxford;
i
Tameside;
j
Wigan; and
k
Wrexham.
5
The following provisions of Part 8 (high hedges) of the Anti-social Behaviour Act 2003 shall come into force on 1 st October 2004 in relation to complaints about hedges situated in England–
a
section 71(7) (appeals against remedial notices and other decisions of relevant authorities); and
b
section 72 (appeals procedure).
Fiona Mactaggart
Parliamentary-Under Secretary of State
Home Office
20th August 2004


text:
Commencement and citation
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004 and shall come into force on 27 September 2004.
Interpretation
2
In these Regulations —
a “claim for judicial review” means a claim to review the lawfulness of–
an enactment; or
a decision, action or failure to act in relation to the exercise of a public function;
“court” means the House of Lords, the Court of Appeal, the High Court, a county court or a magistrates court;
“independent reviewing officer” means an independent reviewing officer referred to in regulation 2A of the Review of Children’s Cases Regulations 1991 ;
“proceedings” means court proceedings;
“the Service” means the Children and Family Court Advisory and Support Service;
“referral” means a referral under section 26(2A)(c) of the Children Act 1989.
Extension of the functions of officers of the Service
3
The functions of the Service in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000 ) are extended so that they can be exercised in respect of any –
a
proceedings under section 7(1) of the Human Rights Act 1998 ;
b
claim for judicial review; and
c
other proceedings,
in connection with a referral by an independent reviewing officer.
Manner in which the functions of the officers of the Service are to be performed
4
On referral of a case by an independent reviewing officer, the functions of an officer of the Service shall be performed in the manner prescribed by regulations 5 to 9 below.
Appointment of an officer of the Service
5
1
Following receipt of a referral by an independent reviewing officer, the Service shall appoint an officer to assess the case.
2
The officer of the Service shall decide on a course of action and submit a written report of the decision to —
a
the independent reviewing officer;
b
the Chief Executive of the local authority which appointed the independent reviewing officer;
c
any person specified by the independent reviewing officer in the referral; and
d
any other person the officer of the Service considers should be informed,
stating the reasons for the decision and the information taken into account, including where appropriate the ascertainable wishes and feelings of the child.
3
The officer of the Service must seek to submit the report referred to in paragraph (2) to the persons referred to in that paragraph within two weeks of the referral.
4
If the officer of the Service does not submit a written report within two weeks of the referral, he shall–
a
send written notice within two weeks of the referral to the persons referred to in paragraph (2) (a) to (d) explaining that it has not been possible to send the report within that period; and
b
submit the report as soon as is reasonably practicable thereafter and shall include in the report an explanation for the delay.
Inappropriate referral of a case
6
If the officer of the Service appointed under regulation 5(1) considers that the case has been inappropriately referred to him by the independent reviewing officer, that officer may —
a
require further written information as to the steps taken before the referral; or
b
proceed with the referral irrespective of whether he considers that the referral was appropriate.
Issue of proceedings
7
1
Where the decision made under regulation 5(2) is to bring proceedings, the officer of the Service must seek to bring them within six weeks of receipt by the Service of the referral by the independent reviewing officer.
2
If the proceedings cannot be brought within six weeks, the proceedings shall be brought as soon as is reasonably practicable thereafter.
Settlement of the case without a court hearing
8
Notwithstanding whether proceedings have been issued or not, the officer of the Service may seek to settle the case by alternative dispute resolution or other means —
a
following the issue of proceedings, at any time before the date set for the final hearing of the proceedings; or
b
in a case where proceedings have not been issued, at any time.
Report following the conclusion of the case
9
1
On the conclusion of every case, whether following judgment of the court or settlement before or after proceedings were brought, the officer of the Service shall provide a written report to the persons referred to in regulation 5(2)(a) to (d) within six weeks of the judgment or settlement.
2
The report under regulation 9(1) shall contain —
a
the reasons for the decision to bring proceedings or the decision to settle;
b
where applicable, the reasons for any delay where the time limits in regulations 5(3) or 7(1) have not been complied with;
c
full details of the court order or other settlement; and
d
any comments or recommendations the officer of the Service may have in respect of the case.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 16th August 2004


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 2004 and shall come into force on 21st March 2004.
2
In these Regulations, “the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
3
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears, in accordance with paragraph 1(a) of Schedule 3A to the Decisions and Appeals Regulations (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support) —
i
from the first day of the benefit week which includes 28th March 2004; or
ii
if the claim for income support is for a period commencing after 28th March 2004, from the first day of the first benefit week commencing after 21st March 2004;
b
in a case where income support is paid to the claimant in advance, in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations from the first day of the first benefit week commencing after 28th March 2004,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “5.07 per cent.” there shall be substituted the words “5.33 per cent.”.
Revocation and saving of the Income Support (General) (Standard Interest Rate Amendment) Regulations 2003
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 2003 are hereby revoked save that those Regulations shall continue to have effect until the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(3) of these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd February 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2004 and shall come into force on 23rd February 2004.
2
These Regulations extend to England and Wales only .
Amendment of the principal Regulations
2
1
The Public Service Vehicles (Registration of Local Services) Regulations 1986 (“the principal Regulations”) are amended as provided in regulations 3 to 12.
2
A reference in regulations 3 to 12 below to a regulation or schedule is a reference to a regulation of, or schedule to, the principal Regulations.
Amendment of interpretation provisions
3
1
Regulation 2 (interpretation) is amended as provided in this regulation.
2
In paragraph (1), after the definition of “bank holiday”, there is inserted —
“bus substitution service” has the meaning given by section 45(2)(b) of the Railways Act 1993 ;
“fixed stopping place” means a stopping place at a fixed location;
.
3
In the Table in paragraph (2), item 2 is omitted.
4
After paragraph (2), there is inserted —
2A
In these Regulations —
a
a reference to a flexible service is a reference to a service —
i
which serves one or more local communities or neighbourhoods within a specific geographical area,
ii
which, while it may have fixed sections of route, is in the entirety of its operation so flexible that it is not practicable to identify in advance all the roads to be traversed at any given time,
iii
which is provided primarily for the purpose of carrying passengers who have booked in advance of the journey and whose collective requirements determine the route of each journey notwithstanding that other persons may also be travelling,
iv
all the seats of which are available for use by members of the general public, and
v
which is provided in consideration of the payment of individual passenger fares which are not subject to variation according to the number of passengers carried on the journey;
b
a reference to a standard service is a reference to any other service.
Amendment of the requirements for applications
4
For paragraphs (1) and (2) of regulation 3 (applications for registration) there are substituted —
1
Subject to paragraph (2), an application for registration of particulars of a service the area of operation of which covers more than one traffic area shall be made —
a
in the case of a standard service, to the traffic commissioner for the area in which the service will start, and
b
in the case of a flexible service, at the discretion of the operator either to the traffic commissioner for the area in which the greater part of the registered area of its operation is situated or to the traffic commissioner for the area in which the greater number of fixed stopping places are situated.
2
An application for registration of particulars of a service the area of operation of which lies partly inside Greater London (and which, by virtue of sections 178(2) and 185(1) of the Greater London Authority Act 1999 requires a London service permit in respect of that part) shall be made to the traffic commissioner for the South-Eastern and Metropolitan Traffic Area
.
Amendment of prescribed particulars
5
1
For regulation 4 (prescribed particulars) there is substituted —
4
The following particulars are prescribed for the purposes of section 6(2)(a) of the 1985 Act —
a
in the case of every service, the particulars specified in Part 1 of the Schedule;
b
in the case of a standard service, the further particulars specified in Part 2 of the Schedule;
c
in the case of a flexible service, the further particulars specified in Part 3 of the Schedule.
2
For the Schedule (particulars of the service) there is substituted the Schedule hereto.
Amendment of general notice periods
6
For regulation 5 (periods of notice) there is substituted —
5
1
Subject to regulations 7 and 8, the period of notice prescribed for the purpose of section 6(3) of the 1985 Act is —
a
in the case of a community bus service, 28 days commencing on the date on which the traffic commissioner accepts the application, and
b
in the case of any other service, 56 days commencing on the date on which the traffic commissioner accepts the application.
2
Subject to regulations 7 and 8, the period mentioned in section 6(8)(a) of the 1985 Act ends —
a
in the case of a community bus service, on the date which is the last day of the period of 28 days commencing on the date on which the traffic commissioner accepts the application, and
b
in the case of any other service, on the date which is the last day of the period of 56 days commencing on the date on which the traffic commissioner accepts the application.
Amendment of regulation 7 (alteration of notice periods at a traffic commissioner’s discretion)
7
In regulation 7(2)(b), for “service” there is substituted “standard service”.
Amendment of regulation 8 (exclusions from notice requirements)
8
In regulation 8, for paragraph (2) there is substituted —
2
The cases referred to in paragraph (1) are cases —
a
where the registration is varied only to enable the operator of the service to comply with a traffic regulation condition or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic;
b
where the registration is varied only in respect of a change in the operator’s address;
c
where the service is a bus substitution service;
d
where —
i
an application is made for registration of a service which, except for the operation of section 179(2) of the Greater London Authority Act 1999, would be part of a service which requires a London service permit,
ii
an application for a London service permit is made at the same time, and
iii
the service to be registered will not commence before the grant of the permit.
Spent provision in regulation 9 (minor variations of registered services)
9
Regulation 9(2)(e) is omitted.
Fees
10
For regulation 12(3) (applications on which no fee is payable) there is substituted —
3
No fee shall be payable —
a
on an application to register or vary particulars of a service which, except for the operation of section 179(2) of the Greater London Authority Act 1999, would be part of a service which requires a London service permit;
b
on an application to vary a service the only reason for which is to enable the operator of the service to comply with a traffic regulation condition or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic;
c
on an application to record a change in the operator’s address
.
Amendment of requirements to display service information
11
For regulation 13 there is substituted —
Display of service information in and on vehicles
13
1
This regulation applies to every vehicle except a vehicle being used —
a
under a special licence, or
b
to provide an excursion or tour.
2
While a vehicle is being used to provide a standard service, the operator shall either display inside the vehicle in a manner clearly legible to passengers or have available on the vehicle for passengers who request them —
a
a fare table containing sufficient information to enable a passenger to ascertain without difficulty the fare for his journey, and
b
a timetable containing at least the information specified in paragraph 5 of Part 1 and paragraph 3(b) of Part 2 of the Schedule.
3
While a vehicle is being used to provide a flexible service, the operator shall display inside the vehicle information about fares (whether in the form of a fare table or otherwise) which is both clearly legible to passengers and is formulated in such a manner that a passenger may ascertain the fare for his journey without difficulty.
4
While a vehicle is being used to provide a standard service, the operator shall display in a position clearly legible from the outside of the vehicle —
a
a notice indicating the destination or, as the case may be, the route of the service, and
b
either the service number or the name by which it is known.
5
While a vehicle is being used to provide a flexible service, the operator shall display in a position clearly legible from the outside of the vehicle the name by which the service is known.
Information about flexible services
14
The operator of a flexible service shall make available, in any reasonably accessible form, to all persons who may wish to use the service —
a
details of the nature of the service, including at least —
i
a description of the area of its operation, and
ii
a statement setting out the features mentioned in regulation 2(2A)(a)(iii) and (iv),
b
information about fares formulated in such a manner (whether as a table of fares or otherwise) that a person may ascertain the fare for his journey without difficulty, and
c
the information specified in paragraphs 5, 6 and 7 of Part 3 of the Schedule.
Service records
12
There is inserted at the end —
Records of operation of flexible services
15
1
Where so required by a traffic commissioner (whether at the time of registration of the service or later) the operator of a flexible service shall record and maintain, in any reasonably accessible form, the following information (“the specified information”) in respect of every journey made by a vehicle operating the service —
a
the date the journey was made,
b
the names of all passengers who were booked to travel (whether or not they actually travelled) and details of how each such passenger may be contacted,
c
the time when and place where it was agreed or otherwise determined that each passenger who travelled should be taken up and set down, and
d
the actual time and place at which each passenger was taken up and set down.
2
The operator shall keep the specified information for a period of one year after the relevant journey was made or for such longer period as a traffic commissioner may specify for the purpose of enabling him to perform his functions under any enactment.
3
When reasonably required to do so by a traffic commissioner (or by one of his officers or servants) in connection with the performance of such functions the operator shall produce, or make available for inspection, any part of the specified information.
4
An operator may, instead of recording and maintaining the specified information himself, cause it to be recorded and maintained by another person on his behalf and in such a case that other person shall be under the duties imposed on the operator by paragraphs (2) and (3) above.
Transitional provisions
13
1
This regulation applies in relation to a service (the “current service”) which, immediately before the date on which these Regulations come into force, is registered under section 6 of the Transport Act 1985 in accordance with the provisions of the principal Regulations in force at that time.
2
Where this regulation applies, until the date specified in paragraph (3) —
a
the principal Regulations shall have effect as amended by these Regulations, but as if the provisions hereof specified in paragraph (5) were omitted, and
b
the current service may be operated, or continue to be operated, in accordance with the principal Regulations as so amended.
3
The date referred to is the date on which the first variation of the registration after the coming into force of these Regulations becomes effective under section 6(8) of the Transport Act 1985.
4
For the purposes of paragraph (3), a variation made in any of the circumstances described in regulations 7(2) and 8(2)(c) of the principal Regulations (as they have effect in relation to a current service) shall be ignored.
5
The provisions referred to in paragraph (2)(a) are —
a
regulation 3(4),
b
in regulation 4 —
i
the words “in the case of a standard service,” in the substituted regulation 3(1)(a), and
ii
the substituted regulation 3(1)(b),
c
regulations 5, 7, 11 and 12 (and the reference to them in regulation 2(1)) and the Schedule,
d
in regulation 8, the substituted regulation 8(2)(b), and
e
in regulation 10, the substituted regulation 12(3)(c).
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
19th January 2004


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 8) Order 2004.
2
The following provisions of the Police Reform Act 2002 shall come into force on 1st April 2004 —
a
Part 2 (complaints and misconduct) to the extent not already in force;
b
section 37 (protected disclosure by police officers);
c
section 107 (consequential amendments and repeals) in so far as it relates to the entries in Schedules 7 and 8 respectively in paragraphs (e) and (f) below;
d
Schedule 3 (handling of complaints and conduct matters etc. ) to the extent not already in force;
e
in Schedule 7 (minor and consequential amendments), paragraphs 1 to 3, 5 and 6, 7(1) to (3), 10, 13, 15, 18 to 20, and 22 to 24; and
f
in Schedule 8 (repeals), the entries relating to —
i
the Superannuation Act 1972 ;
ii
the House of Commons Disqualification Act 1975 ;
iii
the Northern Ireland Assembly Disqualification Act 1975 ;
iv
section 63(3)(b), Chapter 1 of Part 4 and section 86 of, and Schedule 5 to, the Police Act 1996 and in section 105(2) of that Act the words from “paragraph 8” to “that paragraph”;
v
the Employment Rights Act 1996 ;
vi
section 39(3) of the Police Act 1997 ;
vii
the Public Interest Disclosure Act 1998 ;
viii
paragraphs 97 to 99 of Schedule 27 to the Greater London Authority Act 1999 ;
ix
the Freedom of Information Act 2000 ; and
x
section 125(4)(b) of the Criminal Justice and Police Act 2001 .
3
The following provisions of the Police Reform Act 2002 shall come into force on 30th April 2004 in England only —
a
section 97 (crime and disorder reduction partnerships) to the extent not already in force;
b
section 107 (consequential amendments and repeals) in so far as it relates to the entry in Schedule 8 in paragraph (c) below; and
c
in Schedule 8 (repeals), the entry relating to section 5 of the Crime and Disorder Act 1998 .
Hazel Blears
Minister of State
Home Office
24th March 2004


text:
Title and commencement
1
These Regulations may be cited as the Evaluation of Active Substances for Pesticides (Fees) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
Amendment of the Evaluation of Active Substances for Pesticides (Fees) Regulations 2000
2
1
The Evaluation of Active Substances for Pesticides (Fees) Regulations 2000 shall be amended in accordance with this regulation.
2
After regulation 2 there shall be added the following new regulations:
3
The fee payable in relation to each active substance for which the United Kingdom is requested to act as co-rapporteur Member State under Article 8(2) of Commission Regulation ( EC ) No. 451/2000 shall be £10,000, payable to the United Kingdom as co-rapporteur in the same way as applies to the United Kingdom as rapporteur under regulation 2(2).
4
1
The fee, in relation to an active substance for which the United Kingdom is neither rapporteur nor co-rapporteur, for —
a
providing additional technical or scientific information to assist a rapporteur Member State in the evaluation of a dossier,
b
assisting the European Food Safety Authority in its evaluation of the draft assessment report, and
c
considering the Commission’s draft directive or decision,
in accordance with Article 8 of Commission Regulation (EC) No. 451/2000 shall be £5,000 payable by the notifier to the United Kingdom in the same way as applies to the United Kingdom as rapporteur under regulation 2(2).
2
In this regulation “the notifier” means the person who has made the notification in relation to the active substance under Article 4 of Commission Regulation (EC) No. 451/2000 , and references in this regulation and regulations 2 and 3 to that Commission Regulation are references to it as amended by Commission Regulation (EC) No. 1490/2002 and Commission Regulation (EC) No. 1044/2003 .
.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
10th March 2004


text:
Citation, application and commencement
1
These Regulations, which apply in England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2004 and shall come into force on 16th December 2004.
Amendment of the 1993 Regulations
2
Regulation 13A (time from which alteration is to have effect: general) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended as follows —
a
at the end of paragraph (13)(a)(iii) delete “or”; and
b
after paragraph (13)(a)(iii) insert —
iv
aa
a proposal in respect of the same hereditament, made on any of the grounds set out in regulation 4A(1)(a), (j) or (k), had been served on the valuation officer before the previous alteration had been made (“the historic proposal”); and
bb
if an alteration to give effect to the historic proposal had been made, it would have had effect from the date on which the previous alteration had effect; and
cc
the historic proposal had been withdrawn (in accordance with these Regulations) after the previous alteration had been made and before 1st January 2004,
from the date on which the previous alteration fell to have effect; or
.
Signed by authority of the First Secretary of State
Phil Hope
Paliamentary under Secretary of State,
Office of the Deputy Prime Minister
18th November 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Price Marking Order 2004 and shall come into force on 22nd July 2004.
2
In this Order —
“advertisement” means any form of advertisement which is made in order to promote the sale of a product but does not include any advertisement by means of which the trader intends to encourage a consumer to enter into a distance contract, a catalogue, a price list, a container or a label;
“consumer” means any individual who buys a product for purposes that do not fall within the sphere of his commercial or professional activity;
“cosmetic products” means any substance or preparation intended to be placed in contact with an external part of the human body, or with the teeth, inside of the mouth or throat with a view exclusively or mainly to one or more of the following purposes: cleaning, perfuming, changing the appearance of, protecting, and keeping in good condition it or them or correcting body odour;
“distance contract” means any contract concerning products concluded between a trader and a consumer, by any means, without the simultaneous physical presence of the trader and the consumer;
“itinerant trader” means any trader who, as a pedestrian, or from a train, aircraft, vessel, vehicle, stall, barrow, or other mobile sales unit, offers products to consumers other than by means of pre-printed material;
“liquid medium” has the meaning given for the purposes of paragraph 4 of Article 8 of Directive 2000/13/ EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ;
“make-up products” means cosmetic products solely intended temporarily to change the appearance of the face or nails, including (but not limited to) lipsticks, mascaras, eye shadows, blushers and concealers;
“net drained weight” means the weight of a solid food product when it is presented in a liquid medium;
“precious metal” means gold, silver or platinum, or any other metal to which by an order under section 17 of the Hallmarking Act 1973 the provisions of that Act are applied;
“products sold from bulk” means products which are not pre-packaged and are weighed or measured at the request of the consumer;
“relevant floor area” in relation to a shop means the internal floor area of the shop excluding any area not used for the retail sale of products or for the display of such products for retail sale;
“selling price” means the final price for a unit of a product, or a given quantity of a product, including VAT and all other taxes;
“shop” includes a store, kiosk and a franchise or concession within a shop;
“small shop” means any shop which has a “relevant floor area” not exceeding 280 square metres;
“standard of fineness” means any one of the standards of fineness specified in column (2) of paragraph 2 of Schedule 2 to the Hallmarking Act 1973;
“trader” means any person who sells or offers or exposes for sale products which fall within his commercial or professional activity;
“unit price” means the final price, including VAT and all other taxes, for one kilogram, one litre, one metre, one square metre or one cubic metre of a product, except (i) in respect of the products specified in Schedule 1, where unit price means the final price including VAT and all other taxes for the corresponding units of quantity set out in that Schedule; and (ii) in respect of products sold by number, where unit price means the final price including VAT and all other taxes for an individual item of the product.
Revocation
2
The Price Marking Order 1999 is hereby revoked.
Scope of application of the Order
3
1
This Order shall not apply:
a
to products which are supplied in the course of the provision of a service; or
b
to sales by auction or sales of works of art or antiques.
2
The Electronic Commerce (EC Directive) Regulations 2002 shall apply to this Order notwithstanding Regulation 3(2) of those Regulations.
Obligation to indicate selling price
4
1
Subject to paragraph (2) and articles 9 and 10, where a trader indicates that any product is or may be for sale to a consumer, he shall indicate the selling price of that product in accordance with the provisions of this Order.
2
The requirement in paragraph (1) above shall not apply in respect of:
a
products sold from bulk; or
b
an advertisement for a product.
Obligation to indicate unit price
5
1
Subject to paragraph (2), (3) and (4) and article 9, where a trader indicates that any product is or may be for sale to a consumer, he shall indicate the unit price of that product in accordance with the provisions of this Order.
2
The requirement in paragraph (1) only applies in respect of products sold from bulk or required by or under Parts IV or V of the Weights and Measures Act 1985 to be:
a
marked with an indication of quantity; or
b
made up in a quantity prescribed by or under that Act.
3
The requirement in paragraph (1) shall not apply in relation to:
a
any product which falls within Schedule 2;
b
any product the unit price of which is identical to its selling price;
c
bread made up in a prescribed quantity which is or may be for sale in a small shop, by an itinerant trader or from a vending machine; or
d
any product which is pre-packaged in a constant quantity which is or may be for sale in a small shop, by an itinerant trader or from a vending machine.
4
The requirement in paragraph (1) applies in relation to an advertisement for a product only where the selling price of the product is indicated in the advertisement.
Manner of indication of selling price and unit price
6
1
The indication of selling price and unit price shall be in sterling.
2
If a trader indicates his willingness to accept foreign currency in payment for a product, he shall, in addition to the required price indications in sterling:
a
give an indication of the selling price and any unit price required for the product in the foreign currency in question together with any commission to be charged; or
b
clearly identify the conversion rate on the basis of which the foreign currency price will be calculated together with any commission to be charged; and
indicate that such selling price, unit price or conversion rate as the case may be does not apply to transactions via a payment card to be applied to accounts denominated in currencies other than sterling, the conversion rate for which will be that applied by the relevant payment scheme which processes the transaction.
7
1
An indication of selling price, unit price, commission, conversion rate or a change in the rate or coverage of value added tax given in accordance with article 11 shall be —
a
unambiguous, easily identifiable and clearly legible;
b
subject to paragraph 2, given in proximity to:
i
the product; or
ii
in the case of distance contracts and advertisements, a visual or written description of the product; and
c
so placed as to be available to consumers without the need for them to seek assistance from the trader or someone on his behalf in order to ascertain it.
2
Paragraph (1)(b)(i) does not apply to an indication given in relation to any item of jewellery, item of precious metal, or watch displayed in a window of the premises where it is or may be for sale and the selling price of which is in excess of £3,000.
3
The indication of any charges for postage, package or delivery of a product shall be unambiguous, easily identifiable and clearly legible.
4
Where, in addition to a unit price, a price per quantity is indicated in relation to a supplementary indication of quantity the unit price shall predominate and the price per supplementary indication of quantity shall be expressed in characters no larger than the unit price.
5
In paragraph (4) “supplementary indication of quantity” refers to an indication of quantity expressed in a unit of measurement other than a metric unit as authorised by section 8(5A) of the Weights and Measures Act 1985 .
8
In the case of a pre-packaged solid food product presented in a liquid medium, the unit price shall refer to the net drained weight of the product. Where a unit price is also given with reference to the net weight of the product, it shall be clearly indicated which unit price relates to net drained weight and which to net weight.
Special provisions relating to general reductions
9
Where a trader proposes to sell products to which this Order applies at less than the selling price or the unit price previously applicable and indicated in accordance with article 7(1), he may comply with the obligations specified in articles 4(1) (to indicate the selling price) and 5(1) (to indicate the unit price) by indicating by a general notice or any other visible means that the products are or may be for sale at a reduction, provided that the details of the reduction are prominently displayed, unambiguous, easily identifiable and clearly legible.
Special provisions relating to precious metals
10
In the case of products the selling price of which varies from day to day according to the price of the precious metals contained in them the obligation to indicate the selling price referred to in article 4(1) may be complied with by indicating in a manner which is unambiguous, easily identifiable and clearly legible:
a
the weight, type and standard of fineness of each precious metal contained in the product; and
b
any element of the selling price which is not referable to weight,
accompanied by a clearly legible and prominent notice stating the price per unit of weight for the type and standard of fineness of each precious metal contained in the product.
Change in Value Added Tax etc.
11
Where there is a change in the rate or coverage of VAT or any other tax, a trader who adjusts his prices in consequence may comply with the provisions of this Order —
a
by means of a general notice or notices for a period of 14 days from the date any such change takes effect, indicating that any products subject to that change are not for sale at the price indicated and that such price will be adjusted to take account of the change; and
b
if he continues to distribute any catalogue or sales literature printed or ordered to be printed before a change is announced and there is firmly attached to it a label which prominently states that some or all of the prices printed in it are to be adjusted to reflect the change, and:
i
the label includes sufficient information to enable consumers to establish the adjusted price of any product listed, or
ii
the label refers to and is accompanied by a supplement which enables them to do so.
Decimal places and rounding of unit prices
12
Where the unit price of a product falls below £1 it shall be expressed to the nearest 0.1p. Where the figure denoting one hundredths of one penny in the unit price is 5 or higher, it shall be rounded up and where it is 4 or lower it shall be rounded down.
13
Where the unit price of a product falls above £1 it may be expressed to the nearest:
a
1p, in which case where the figure denoting tenths of one penny in the unit price is 5 or higher, it shall be rounded up and where it is 4 or lower it shall be rounded down; or
b
0.1p, in which case where the figure denoting one hundredths of one penny in the unit price is 5 or higher it shall be rounded up and where it is 4 or lower it shall be rounded down.
Units of Quantity
14
For the purposes of Schedule 1, the figure denoting the relevant units of quantity in the second column of the table for the corresponding product in the first column of the table refers, as indicated by or under the Weights and Measures Act 1985 , and unless specified otherwise to:
a
grams where the product is sold by weight;
b
millilitres where the product is sold by volume; and
c
either grams or millilitres, as indicated by the manufacturer of the product, where the product is permited to be sold by either weight or volume.
Enforcement
15
For the purpose of ascertaining whether any trader enjoys exemption from unit pricing under article 5(3)(c) or (d) in respect of a small shop, a local weights and measures authority may require that trader to produce such documentary evidence relating to the shop in question as it considers necessary.
Gerry Sutcliffe,
Parliamentary under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
19th January 2004


text:
Citation, commencement and extent
1
These Regulations may be cited as the Financial Services (Distance Marketing) Regulations 2004 and come into force on 31st October 2004.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Consumer Credit Act 1974 ;
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“ the Authority ” means the Financial Services Authority;
“appointed representative” has the same meaning as in section 39(2) of the 2000 Act (exemption of appointed representatives);
“authorised person” has the same meaning as in section 31(2) of the 2000 Act (authorised persons);
“breach” means a contravention by a supplier of a prohibition in, or a failure by a supplier to comply with a requirement of, these Regulations;
“business” includes a trade or profession;
“consumer” means any individual who, in contracts to which these Regulations apply, is acting for purposes which are outside any business he may carry on;
“court” in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland means the Sheriff Court or the Court of Session;
“credit” includes a cash loan and any other form of financial accommodation, and for this purpose “cash” includes money in any form;
“designated professional body” has the same meaning as in section 326(2) of the 2000 Act (designation of professional bodies);
“ the Directive ” means Directive 2002/65/ EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/ EEC and Directives 97/7/EC and 98/27/EC ;
“distance contract” means any contract concerning one or more financial services concluded between a supplier and a consumer under an organised distance sales or service-provision scheme run by the supplier or by an intermediary, who, for the purpose of that contract, makes exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
“durable medium” means any instrument which enables a consumer to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
“ EEA supplier” means a supplier who is a national of an EEA State, or a company or firm (within the meaning of Article 48 of the Treaty establishing the European Community) formed in accordance with the law of an EEA State;
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;
“exempt regulated activity” has the same meaning as in section 325(2) of the 2000 Act;
“financial service” means any service of a banking, credit, insurance, personal pension, investment or payment nature;
“means of distance communication” means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the marketing of a service between those parties;
“the OFT ” means the Office of Fair Trading;
“regulated activity” has the same meaning as in section 22 of the 2000 Act (the classes of activity and categories of investment);
“ Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“rule” means a rule —
made by the Authority under the 2000 Act, or
made by a designated professional body, and approved by the Authority, under section 332 of the 2000 Act,
as the context requires;
“supplier” means any person who, acting in his commercial or professional capacity, is the contractual provider of services.
2
In these Regulations, subject to paragraph (1), any expression used in these Regulations which is also used in the Directive has the same meaning as in the Directive.
Scope of these Regulations
3
1
Regulations 7 to 14 apply, subject to regulations 4 and 5, in relation to distance contracts made on or after 31st October 2004.
2
Regulation 15 applies in relation to financial services supplied on or after 31st October 2004 under an organised distance sales or service-provision scheme run by the supplier or by an intermediary, who, for the purpose of that supply, makes exclusive use of one or more means of distance communication up to and including the time at which the financial services are supplied.
4
1
Where an EEA State, other than the United Kingdom, has transposed the Directive or has obligations in its domestic law corresponding to those provided for in the Directive —
a
regulations 7 to 14 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in that EEA State and a consumer in the United Kingdom, and
b
regulation 15 does not apply to any supply of financial services by an EEA supplier from an establishment in that EEA State to a consumer in the United Kingdom,
if the provisions by which that State has transposed the Directive, or the obligations in the domestic law of that State corresponding to those provided for in the Directive, as the case may be, apply to that contract or that supply.
2
Subject to paragraph (5) and regulation 6(3) and (4) —
a
regulations 7 to 11 do not apply in relation to any contract made by a supplier who is an authorised person, the making or performance of which constitutes or is part of a regulated activity carried on by him;
b
regulation 15 does not apply to any supply of financial services by a supplier who is an authorised person, where that supply constitutes or is part of a regulated activity carried on by him.
3
Subject to regulation 6(3) and (4) —
a
regulations 7 and 8 do not apply in relation to any contract made by a supplier who is an appointed representative, the making or performance of which constitutes or is part of a regulated activity (other than an exempt regulated activity) carried on by him;
b
regulation 15 does not apply to any supply of financial services by a supplier who is an appointed representative, where that supply constitutes or is part of a regulated activity (other than an exempt regulated activity) carried on by him.
4
Subject to regulation 6(3) and (4) —
a
regulations 7 and 8 do not apply in relation to any contract where —
i
the supplier is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to those regulations, and
ii
the making or performance of that contract constitutes or is part of an exempt regulated activity carried on by the supplier;
b
regulation 15 does not apply to any supply of financial services where —
i
the supplier is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to that regulation, and
ii
that supply constitutes or is part of an exempt regulated activity carried on by the supplier.
5
Paragraph (2) does not apply in relation to any contract or supply of financial services made by a supplier who is the operator, trustee or depositary of a scheme which is a recognised scheme by virtue of section 264 of the 2000 Act (schemes constituted in other EEA States), where the making or performance of the contract or the supply of the financial services constitutes or is part of a regulated activity for which he has permission in that capacity.
6
In paragraph (5) —
“the operator”, “trustee” and “depositary” each has the same meaning as in section 237(2) of the 2000 Act (other definitions); and
“permission” has the same meaning as in section 266 of that Act (disapplication of rules).
5
1
Where a consumer and a supplier enter an initial service agreement and —
a
successive operations of the same nature, or
b
a series of separate operations of the same nature,
are subsequently performed between them over time and within the framework of that agreement, then, if any of regulations 7 to 14 apply, they apply only to the initial service agreement.
2
Where a consumer and a supplier do not enter an initial service agreement and —
a
successive operations of the same nature, or
b
a series of separate operations of the same nature,
are performed between them over time, then, if regulations 7 and 8 apply, they apply only —
i
when the first operation is performed, and
ii
to any operation which is performed more than one year after the previous operation.
3
For the purposes of this regulation, “initial service agreement” includes, for example, an agreement for the provision of —
a
a bank account;
b
a credit card; or
c
portfolio management services.
4
For the purposes of this regulation, “operations” includes, for example —
a
deposits to or withdrawals from a bank account;
b
payments by a credit card;
c
transactions carried out within the framework of an initial service agreement for portfolio management services; and
d
subscriptions to new units of the same collective investment fund,
but does not include adding new elements to an existing initial service agreement, for example adding the possibility of using an electronic payment instrument together with an existing bank account.
Financial services marketed by an intermediary
6
1
This regulation applies where a financial service is marketed by an intermediary.
2
These Regulations have effect as if —
a
each reference to a supplier in the definition of “breach” in regulation 2(1) were a reference to a supplier or an intermediary;
b
the reference to the supplier in the definition of “means of distance communication” in regulation 2(1), each reference to the supplier in regulations 7, 8(1) and (2), 10 and 11(3)(b), and the first reference to the supplier in regulation 8(4), were a reference to the intermediary;
c
the reference to the supplier in regulation 8(3) were a reference to the supplier or the intermediary;
d
for regulation 11(2) there were substituted —
2
Paragraph (1) does not apply to a distance contract if the intermediary has not complied with regulation 8(1) (and the supplier has not done what the intermediary was required to do by regulation 8(1)), unless —
a
the circumstances fall within regulation 8(1)(b); and
b
either —
i
the intermediary has complied with regulation 7(1) and (2) or, if applicable, regulation 7(4)(b), and with regulation 7(5), or
ii
the supplier has done what the intermediary was required to do by regulation 7(1) and (2) or, if applicable, regulation 7(4)(b), and by regulation 7(5).
;
e
the reference to a supplier in regulation 22(1) were a reference to an intermediary; and
f
each reference to the supplier in paragraphs 2, 4, 5 and 19 of Schedule 1 were a reference to the supplier and the intermediary.
3
Notwithstanding paragraphs (2) to (4) of regulation 4, regulations 7 and 8 apply in relation to the intermediary unless —
a
the intermediary is an authorised person and the marketing of the financial service constitutes or is part of a regulated activity carried on by him;
b
the intermediary is an appointed representative and the marketing of the financial service constitutes or is part of a regulated activity (other than an exempt regulated activity) carried on by him; or
c
the intermediary is not an authorised person, but —
i
he is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to regulations 7 and 8, and
ii
the marketing of the financial service constitutes or is part of an exempt regulated activity carried on by him.
4
Notwithstanding paragraphs (2) to (4) of regulation 4, regulation 15 applies to the intermediary unless —
a
the intermediary is an authorised person and is acting in the course of a regulated activity carried on by him;
b
the intermediary is an appointed representative and is acting in the course of a regulated activity (other than an exempt regulated activity) carried on by him; or
c
the intermediary is not an authorised person, but —
i
he is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to regulation 15, and
ii
he is acting in the course an exempt regulated activity carried on by him.
Information required prior to the conclusion of the contract
7
1
Subject to paragraph (4), in good time prior to the consumer being bound by any distance contract, the supplier shall provide to the consumer the information specified in Schedule 1.
2
The supplier shall provide the information specified in Schedule 1 in a clear and comprehensible manner appropriate to the means of distance communication used, with due regard in particular to the principles of good faith in commercial transactions and the principles governing the protection of those who are unable to give their consent such as minors.
3
Subject to paragraph (4), the supplier shall make clear his commercial purpose when providing the information specified in Schedule 1.
4
In the case of a voice telephone communication —
a
the supplier shall make clear his identity and the commercial purpose of any call initiated by him at the beginning of any conversation with the consumer; and
b
if the consumer explicitly consents, only the information specified in Schedule 2 need be given.
5
The supplier shall ensure that the information he provides to the consumer pursuant to this regulation, regarding the contractual obligations which would arise if the distance contract were concluded, accurately reflects the contractual obligations which would arise under the law presumed to be applicable to that contract.
Written and additional information
8
1
The supplier under a distance contract shall communicate to the consumer on paper, or in another durable medium which is available and accessible to the consumer, all the contractual terms and conditions and the information specified in Schedule 1, either —
a
in good time prior to the consumer being bound by that distance contract; or
b
immediately after the conclusion of the contract, where the contract has been concluded at the consumer’s request using a means of distance communication which does not enable provision in accordance with sub-paragraph (a) of the contractual terms and conditions and the information specified in Schedule 1.
2
The supplier shall communicate the contractual terms and conditions to the consumer on paper, if the consumer so requests at any time during their contractual relationship.
3
Paragraph (2) does not apply if the supplier has already communicated the contractual terms and conditions to the consumer on paper during that contractual relationship, and those terms and conditions have not changed since they were so communicated.
4
The supplier shall change the means of distance communication with the consumer if the consumer so requests at any time during his contractual relationship with the supplier, unless that is incompatible with the distance contract or the nature of the financial service provided to the consumer.
Right to cancel
9
1
Subject to regulation 11, if within the cancellation period set out in regulation 10 notice of cancellation is properly given by the consumer to the supplier, the notice of cancellation shall operate to cancel the distance contract.
2
Cancelling the contract has the effect of terminating the contract at the time at which the notice of cancellation is given.
3
For the purposes of these Regulations, a notice of cancellation is a notification given —
a
orally (where the supplier has informed the consumer that notice of cancellation may be given orally),
b
in writing, or
c
in another durable medium available and accessible to the supplier,
which, however expressed, indicates the intention of the consumer to cancel the contract by that notification.
4
Notice of cancellation given under this regulation by a consumer to a supplier is to be treated as having been properly given if the consumer —
a
gives it orally to the supplier (where the supplier has informed the consumer that notice of cancellation may be given orally);
b
leaves it at the address of the supplier last known to the consumer and addressed to the supplier by name (in which case it is to be taken to have been given on the day on which it was left);
c
sends it by post to the address of the supplier last known to the consumer and addressed to the supplier by name (in which case it is to be taken to have been given on the day on which it was posted);
d
sends it by facsimile to the business facsimile number of the supplier last known to the consumer (in which case it is to be taken to have been given on the day on which it was sent);
e
sends it by electronic mail to the business electronic mail address of the supplier last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
f
by other electronic means —
i
sends it to an internet address or web-site which the supplier has notified the consumer may be used for the purpose, or
ii
indicates it on such a web-site in accordance with instructions which are on the web-site or which the supplier has provided to the consumer,
(in which case it is to be taken to have been given on the day on which it is sent to that address or web-site or indicated on that web-site).
5
The references in paragraph (4)(b) and (c) to the address of the supplier shall, in the case of a supplier which is a body corporate, be treated as including a reference to the address of the secretary or clerk of that body.
6
The references in paragraph (4)(b) and (c) to the address of the supplier shall, in the case of a supplier which is a partnership, be treated as including a reference to the address of a partner or a person having control or management of the partnership business.
7
In this regulation —
a
every reference to the supplier includes a reference to any other person previously notified by or on behalf of the supplier to the consumer as a person to whom notice of cancellation may be given;
b
the references to giving notice of cancellation orally include giving such notice by voice telephone communication, where the supplier has informed the consumer that notice of cancellation may be given in that way; and
c
“electronic mail” has the same meaning as in regulation 2(1) of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (interpretation) .
Cancellation period
10
1
For the purposes of regulation 9, the cancellation period begins on the day on which the distance contract is concluded (“conclusion day”) and ends as provided for in paragraphs (2) to (5).
2
Where the supplier complies with regulation 8(1) on or before conclusion day, the cancellation period ends on the expiry of fourteen calendar days beginning with the day after conclusion day.
3
Where the supplier does not comply with regulation 8(1) on or before conclusion day, but subsequently communicates to the consumer on paper, or in another durable medium which is available and accessible to the consumer, all the contractual terms and conditions and the information required under regulation 8(1), the cancellation period ends on the expiry of fourteen calendar days beginning with the day after the day on which the consumer receives the last of those terms and conditions and that information.
4
In the case of a distance contract relating to life insurance, for the references to conclusion day in paragraphs (2) and (3) there are substituted references to the day on which the consumer is informed that the distance contract has been concluded.
5
In the case of a distance contract relating to life insurance or a personal pension, for the references to fourteen calendar days in paragraphs (2) and (3) there are substituted references to thirty calendar days.
Exceptions to the right to cancel
11
1
Subject to paragraphs (2) and (3), regulation 9 does not confer on a consumer a right to cancel a distance contract which is —
a
a contract for a financial service where the price of that service depends on fluctuations in the financial market outside the supplier’s control, which may occur during the cancellation period, such as services related to —
i
foreign exchange,
ii
money market instruments,
iii
transferable securities,
iv
units in collective investment undertakings,
v
financial-futures contracts, including equivalent cash-settled instruments,
vi
forward interest-rate agreements,
vii
interest-rate, currency and equity swaps,
viii
options to acquire or dispose of any instruments referred to in sub-paragraphs (i) to (vii), including cash-settled instruments and options on currency and on interest rates;
b
a contract whose performance has been fully completed by both parties at the consumer’s express request before the consumer gives notice of cancellation;
c
a contract which —
i
is a connected contract of insurance within the meaning of article 72B(1) of the Regulated Activities Order (activities carried on by a provider of relevant goods or services) ,
ii
covers travel risks within the meaning of article 72B(1)(d)(ii) of that Order, and
iii
has a total duration of less than one month;
d
a contract under which a supplier provides credit to a consumer and the consumer’s obligation to repay is secured by a legal mortgage on land;
e
a credit agreement cancelled under regulation 15(1) of the Consumer Protection (Distance Selling) Regulations 2000 (automatic cancellation of a related credit agreement) ;
f
a credit agreement cancelled under section 6A of the Timeshare Act 1992 (automatic cancellation of timeshare credit agreement) ; or
g
a restricted-use credit agreement (within the meaning of the 1974 Act) to finance the purchase of land or an existing building, or an agreement for a bridging loan in connection with the purchase of land or an existing building.
2
Paragraph (1) does not apply to a distance contract if the supplier has not complied with regulation 8(1), unless —
a
the circumstances fall within regulation 8(1)(b); and
b
the supplier has complied with regulation 7(1) and (2) or, if applicable, regulation 7(4)(b), and with regulation 7(5).
3
Where —
a
the conditions in sub-paragraphs (a) and (b) of paragraph (2) are satisfied in relation to a distance contract falling within paragraph (1),
b
the supplier has not complied with regulation 8(1), and
c
the consumer has not, by the end of the sixth day after the day on which the distance contract is concluded, received all the contractual terms and conditions and the information required under regulation 8(1),
the consumer may cancel the contract under regulation 9 during the period beginning on the seventh day after the day on which the distance contract is concluded and ending when he receives the last of the contractual terms and conditions and the information required under regulation 8(1).
Automatic cancellation of an attached distance contract
12
1
For the purposes of this regulation, where there is a distance contract for the provision of a financial service by a supplier to a consumer (“the main contract”) and there is a further distance contract (“the secondary contract”) for the provision to that consumer of a further financial service by —
a
the same supplier, or
b
a third party, the further financial service being provided pursuant to an agreement between the third party and the supplier under the main contract,
then the secondary contract (referred to in these Regulations as an “attached contract”) is attached to the main contract if any of the conditions in paragraph (2) are satisfied.
2
The conditions referred to in paragraph (1) are —
a
the secondary contract is entered into in compliance with a term of the main contract;
b
the main contract is, or is to be, financed by the secondary contract;
c
the main contract is a debtor-creditor-supplier agreement within the meaning of the 1974 Act, and the secondary contract is, or is to be, financed by the main contract;
d
the secondary contract is entered into by the consumer to induce the supplier to enter into the main contract;
e
performance of the secondary contract requires performance of the main contract.
3
Where a main contract is cancelled by a notice of cancellation given under regulation 9 —
a
the cancellation of the main contract also operates to cancel, at the time at which the main contract is cancelled, any attached contract which is not a contract or agreement of a type listed in regulation 11(1); and
b
the supplier under the main contract shall, if he is not the supplier under the attached contract, forthwith on receipt of the notice of cancellation inform the supplier under the attached contract.
4
Paragraph (3)(a) does not apply to an attached contract if, at or before the time at which the notice of cancellation in respect of the main contract is given, the consumer has given and not withdrawn a notice to the supplier under the main contract that cancellation of the main contract is not to operate to cancel that attached contract.
5
Where a main contract made by an authorised person, the making or performance of which constitutes or is part of a regulated activity carried on by him, is cancelled under rules made by the Authority corresponding to regulation 9 —
a
the cancellation of the main contract also operates to cancel, at the time at which the main contract is cancelled, any attached contract which is not a contract or agreement of a type listed in regulation 11(1); and
b
the supplier under the main contract shall, if he is not the supplier under the attached contract, inform the supplier under the attached contract forthwith on receiving notification of the consumer’s intention to cancel the main contract by that notification.
6
Paragraph (5)(a) does not apply to an attached contract if, at or before the time at which the consumer gives notification of his intention to cancel the main contract by that notification, the consumer has given and not withdrawn a notice to the supplier under the main contract that cancellation of the main contract is not to operate to cancel that attached contract.
Payment for services provided before cancellation
13
1
This regulation applies where a cancellation event occurs in relation to a distance contract.
2
In this regulation, “cancellation event” means the cancellation of a distance contract under regulation 9 or 12.
3
The supplier shall refund any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was paid, less any charge made in accordance with paragraph (6), as soon as possible and in any event within a period not exceeding 30 calendar days beginning with —
a
the day on which the cancellation event occurred; or
b
if the supplier proves that this is later —
i
in the case of a contract cancelled under regulation 9, the day on which the supplier in fact received the notice of cancellation, or
ii
in the case of an attached contract under which the supplier is not the supplier under the main contract, the day on which, pursuant to regulation 12(3)(b) or (5)(b), he was in fact informed by the supplier under the main contract of the cancellation of the main contract.
4
The reference in paragraph (3) to any sum paid on behalf of the consumer includes any sum paid by any other person (“the creditor”), who is not the supplier, under an agreement between the consumer and the creditor by which the creditor provides the consumer with credit of any amount.
5
Where any security has been provided in relation to the contract, the security (so far as it has been provided) shall, on cancellation under regulation 9 or 12, be treated as never having had effect; and any property lodged solely for the purposes of the security as so provided shall be returned forthwith by the person with whom it is lodged.
6
Subject to paragraphs (7), (8) and (9), the supplier may make a charge for any service actually provided by the supplier in accordance with the contract.
7
The charge shall not exceed an amount which is in proportion to the extent of the service provided to the consumer prior to the time at which the cancellation event occurred (including the service of arranging to provide the financial service) in comparison with the full coverage of the contract, and in any event shall not be such that it could be construed as a penalty.
8
The supplier may not make any charge unless he can prove on the balance of probabilities that the consumer was informed about the amount payable in accordance with —
a
regulation 7(1) and paragraph 13 of Schedule 1,
b
regulation 7(4) and paragraph 5 of Schedule 2, or
c
rules corresponding to those provisions,
as the case may be.
9
The supplier may not make any charge if, without the consumer’s prior request, he commenced performance of the contract prior to the expiry of the relevant cancellation period.
10
In paragraph (9), the relevant cancellation period is the cancellation period which —
a
in the case of a main contract, is applicable to that contract, or
b
in the case of an attached contract, would be applicable to that contract if that contract were a main contract,
under regulation 10, or under rules corresponding to that regulation, as the case may be.
11
The consumer shall, as soon as possible and in any event within a period not exceeding 30 calendar days beginning with the day on which the cancellation event occurred —
a
refund any sum paid by or on behalf of the supplier under or in relation to that contract to the person by whom it was paid; and
b
either restore to the supplier any property of which he has acquired possession under that contract, or deliver or send that property to any person to whom, under regulation 9, a notice of cancellation could have been given in respect of that contract.
12
Breach of a duty imposed by paragraph (11) on a consumer is actionable as a breach of statutory duty.
Payment by card
14
1
Subject to paragraph (2), where —
a
a payment card has been issued to an individual who, when entering the contract for the provision of that card, was acting for purposes which were outside any business he may carry on (“the card-holder”), and
b
fraudulent use is made of that card to make a payment under or in connection with a distance contract to which these Regulations apply, by another person who is neither acting, nor to be treated as acting, as the card-holder’s agent,
the card-holder may request cancellation of that payment, and is entitled to be recredited with the sum paid, or to have it returned, by the card issuer.
2
Where paragraph (1) applies and, in any proceedings, the card-holder alleges that any use made of the payment card was not authorised by him, it is for the card issuer to prove that the use was so authorised.
3
Paragraph (1) does not apply if the contract for the provision of the payment card is an agreement to which section 83(1) of the 1974 Act (liability for misuse of credit facilities) applies.
4
After subsection (3B) of section 84 of the 1974 Act (misuse of credit-tokens) insert —
3C
Subsections (1) and (2) shall not apply to any use, in connection with a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004, of a card which is a credit-token.
.
5
For the purposes of this regulation —
“card issuer” means the owner of the card;
“payment card” includes a credit card, a charge card, a debit card and a store card.
Unsolicited services
15
1
A person (“the recipient”) who receives unsolicited financial services for purposes other than those of his business from another person who supplies those services in the course of his business, shall not thereby become subject to any obligation (to make payment, or otherwise).
2
Where, in the course of any business —
a
unsolicited financial services are supplied for purposes other than those of the recipient’s business, and
b
a person includes with the supply of those services a demand for payment, or an assertion of a present or prospective right to payment in respect of those services,
that person is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
3
A person who, not having reasonable cause to believe that there is a right to payment, in the course of any business and with a view to obtaining payment for what he knows are unsolicited financial services supplied as mentioned in paragraph (2) —
a
threatens to bring any legal proceedings,
b
places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so, or
c
invokes or causes to be invoked any other collection procedure or threatens to do so,
is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
4
In this regulation, “unsolicited” means, in relation to financial services supplied to any person, that they are supplied without any prior request made by or on behalf of that person.
5
For the purposes of this regulation, a person who sends to a recipient an invoice or similar document which —
a
states the amount of a payment, and
b
does not comply with the requirements, applicable to invoices and similar documents, of regulations made under section 3A of the Unsolicited Goods and Services Act 1971 (contents and form of notes of agreement, invoices and similar documents) or, as the case may be, article 6 of the Unsolicited Goods and Services (Northern Ireland) Order 1976 (contents and form of notes of agreement, invoices and similar documents) ,
is to be regarded as asserting a right to the payment.
6
Section 3A of the Unsolicited Goods and Services Act 1971 applies for the purposes of this regulation in its application to England, Wales and Scotland as it applies for the purposes of that Act.
7
Article 6 of the Unsolicited Goods and Services (Northern Ireland) Order 1976 applies for the purposes of this regulation in its application to Northern Ireland as it applies for the purposes of that Order.
8
This regulation is without prejudice to any right a supplier may have at any time, by contract or otherwise, to renew a distance contract with a consumer without any request made by or on behalf of that consumer prior to the renewal of that contract.
Prevention of contracting-out
16
1
A term contained in any contract is void if, and to the extent that, it is inconsistent with the application of a provision of these Regulations to a distance contract or the application of regulation 15 to a supply of unsolicited financial services.
2
Where a provision of these Regulations specifies a duty or liability of the consumer in certain circumstances, a term contained in a contract is inconsistent with that provision if it purports to impose, directly or indirectly, an additional or greater duty or liability on him in those circumstances.
3
These Regulations apply notwithstanding any contract term which applies or purports to apply the law of a State which is not an EEA State if the contract or supply has a close connection with the territory of an EEA State.
Enforcement authorities
17
1
For the purposes of regulations 18 to 21 —
a
in relation to any alleged breach concerning a specified contract, the Authority is the enforcement authority;
b
in relation to any alleged breach concerning a contract under which the supplier is a local authority, but which is not a specified contract, the OFT is the enforcement authority;
c
in relation to any other alleged breach —
i
the OFT, and
ii
in Great Britain every local weights and measures authority, and in Northern Ireland the Department of Enterprise, Trade and Investment,
is an enforcement authority.
2
For the purposes of paragraph (1) and regulation 22(6), each of the following is a specified contract —
a
a contract the making or performance of which constitutes or is part of a regulated activity carried on by the supplier;
b
a contract for the provision of a debit card;
c
a contract relating to the issuing of electronic money by a supplier to whom the Authority has given a certificate under article 9C of the Regulated Activities Order (persons certified as small issuers etc. ) ;
d
a contract the effecting or carrying out of which is excluded from article 10(1) or (2) of the Regulated Activities Order (effecting and carrying out contracts of insurance) by article 12 of that order (breakdown insurance), where the supplier is a person who does not otherwise carry on an activity of the kind specified by article 10 of that order;
e
a contract under which a supplier provides credit to a consumer and the obligation of the consumer to repay is secured by a first legal mortgage on land;
f
a contract, made before 14th January 2005, for insurance mediation activity other than in respect of a contract of long-term care insurance.
3
For the purposes of the application of this regulation and regulations 18 to 22 in relation to breaches of, and offences under, regulation 15, “contract” —
a
wherever it appears in this regulation other than in the expression “contract of long-term care insurance”, and
b
in regulation 22(6),
is to be taken to mean “supply of financial services”.
4
For the purposes of this regulation —
“contract of long-term care insurance” has the same meaning as in the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) ( No. 2) Order 2003 ;
“insurance mediation activity” means any activity which is not a regulated activity at the time the contract is made but will be a regulated activity of the kind specified by article 21, 25(1) or (2), 39A or 53 of the Regulated Activities Order when the amendments to that order made by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 come into force ;
“local authority” means —
in England and Wales, a local authority within the meaning of the Local Government Act 1972 , the Greater London Authority, the Common Council of the City of London or the Council of the Isles of Scilly,
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 , and
in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 .
Consideration of complaints
18
1
An enforcement authority shall consider any complaint made to it about a breach unless —
a
the complaint appears to that authority to be frivolous or vexatious; or
b
that authority is aware that another enforcement authority has notified the OFT that it agrees to consider the complaint.
2
If an enforcement authority notifies the OFT that it agrees to consider a complaint made to another enforcement authority, the first mentioned authority shall be under a duty to consider the complaint.
Injunctions to secure compliance with these Regulations
19
1
Subject to paragraph (2), an enforcement authority may apply for an injunction (including an interim injunction) against any person who appears to that authority to be responsible for a breach.
2
An enforcement authority, other than the OFT or the Authority, may apply for an injunction only where —
a
that authority has notified the OFT, at least fourteen days before the date on which the application is to be made, of its intention to apply; or
b
the OFT consents to the application being made within a shorter period.
3
On an application made under this regulation, the court may grant an injunction on such terms as it thinks fit to secure compliance with these Regulations.
4
An enforcement authority which has a duty under regulation 18 to consider a complaint shall give reasons for its decision to apply or not to apply, as the case may be, for an injunction.
5
In deciding whether or not to apply for an injunction in respect of a breach, an enforcement authority may, if it considers it appropriate to do so, have regard to any undertaking as to compliance with these Regulations given to it or to another enforcement authority by or on behalf of any person.
6
In the application of this regulation to Scotland, for references to an “injunction” or an “interim injunction” there are substituted references to an “interdict” or an “interim interdict” respectively.
Notification of undertakings and orders to the OFT
20
An enforcement authority, other than the OFT and the Authority, shall notify the OFT of —
a
any undertaking given to it by or on behalf of any person who appears to it to be responsible for a breach;
b
the outcome of any application made by it under regulation 19 and the terms of any undertaking given to, or order made by, the court; and
c
the outcome of any application made by it to enforce a previous order of the court.
Publication, information and advice
21
1
The OFT shall arrange for the publication, in such form and manner as it considers appropriate, of details of any undertaking or order notified to it under regulation 20.
2
Each of the OFT and the Authority shall arrange for the publication in such form and manner as it considers appropriate of —
a
details of any undertaking as to compliance with these Regulations given to it by or on behalf of any person;
b
details of any application made by it under regulation 19, and of the terms of any undertaking given to, or order made by, the court; and
c
details of any application made by it to enforce a previous order of the court.
3
Each of the OFT and the Authority may arrange for the dissemination, in such form and manner as it considers appropriate, of such information and advice concerning the operation of these Regulations as may appear to it to be expedient to give to the public and to all persons likely to be affected by these Regulations.
Offences
22
1
A supplier under a distance contract who fails to comply with regulation 7(3) or (4)(a) or regulation 8(2) or (4) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
2
If an offence under paragraph (1), or under regulation 15(2) or (3), committed by a body corporate is shown —
a
to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
3
If the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
4
If an offence under paragraph (1), or under regulation 15(2) or (3), committed by a partnership is shown —
a
to have been committed with the consent or connivance of any partner, or any person who was purporting to act as a partner, or
b
to be attributable to any neglect on his part,
he as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.
5
If an offence under paragraph (1), or under regulation 15(2) or (3), committed by an unincorporated association (other than a partnership) is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or any person who was purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the association is guilty of an offence and liable to be proceeded against and punished accordingly.
6
Except in Scotland —
a
the Authority may institute proceedings for an offence under these Regulations which relates to a specified contract;
b
the OFT, and —
i
in Great Britain, every local weights and measures authority,
ii
in Northern Ireland, the Department of Enterprise, Trade and Investment,
may institute proceedings for any other offence under these Regulations.
Functions of the Authority
23
The functions conferred on the Authority by these Regulations shall be treated as if they were conferred by the 2000 Act.
Amendment of the Unfair Terms in Consumer Contracts Regulations 1999
24
1
The Unfair Terms in Consumer Contracts Regulations 1999 are amended as follows.
2
After regulation 3(1) (interpretation), insert —
1A
The references —
a
in regulation 4(1) to a seller or a supplier, and
b
in regulation 8(1) to a seller or supplier,
include references to a distance supplier and to an intermediary.
1B
In paragraph (1A) and regulation 5(6) —
“distance supplier” means —
a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004, or
a supplier of unsolicited financial services within regulation 15 of those Regulations; and
“intermediary” has the same meaning as in those Regulations.
.
3
After regulation 5(5) (unfair terms), insert —
6
Any contractual term providing that a consumer bears the burden of proof in respect of showing whether a distance supplier or an intermediary complied with any or all of the obligations placed upon him resulting from the Directive and any rule or enactment implementing it shall always be regarded as unfair.
7
In paragraph (6) —
“the Directive” means Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC ; and
“rule” means a rule made by the Financial Services Authority under the Financial Services and Markets Act 2000 or by a designated professional body within the meaning of section 326(2) of that Act.
.
Amendment of the Consumer Protection (Distance Selling) Regulations 2000
25
1
The Consumer Protection (Distance Selling) Regulations 2000 are amended as follows.
2
In regulation 3(1) (interpretation) —
a
before the definition of “breach” insert —
“the 2000 Act” means the Financial Services and Markets Act 2000;
“appointed representative” has the same meaning as in section 39(2) of the 2000 Act;
“authorised person” has the same meaning as in section 31(2) of the 2000 Act;
;
b
after the definition of “excepted contract” insert —
“financial service” means any service of a banking, credit, insurance, personal pension, investment or payment nature;
;
c
after the definition of “personal credit agreement” insert —
“regulated activity” has the same meaning as in section 22 of the 2000 Act;
.
3
In regulation 5(1)(c) (excepted contracts) omit “, a non-exhaustive list of which is contained in Schedule 2”.
4
After regulation 6(3) (contracts to which only part of those Regulations apply) insert —
4
Regulations 7 to 14, 17 to 20 and 25 do not apply to any contract which is made, and regulation 24 does not apply to any unsolicited services which are supplied, by an authorised person where the making or performance of that contract or the supply of those services, as the case may be, constitutes or is part of a regulated activity carried on by him.
5
Regulations 7 to 9, 17 to 20 and 25 do not apply to any contract which is made, and regulation 24 does not apply to any unsolicited services which are supplied, by an appointed representative where the making or performance of that contract or the supply of those services, as the case may be, constitutes or is part of a regulated activity carried on by him.
.
5
Omit Schedule 2 (non-exhaustive list of financial services).
Amendment of the Enterprise Act 2002
26
In Part 1 of Schedule 13 to the Enterprise Act 2002 (listed directives) , after paragraph 9 insert —
9A
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC .
.
Amendment of the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003
27
In the table in the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 (listed directives) , after the entry for Directive 2000/31/EC (“Directive on electronic commerce”) insert —
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC . Financial Services (Distance Marketing) Regulations 2004; rules corresponding to any provisions of those Regulations made by the Financial Services Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000.
.
Amendment of the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003
28
In the table in the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003 , after the entry for the Fair Trading Act 1973 insert —
Financial Services (Distance Marketing) Regulations 2004. All offences under those Regulations.
.
Transitional provisions
29
1
In relation to any contract made before 31st May 2005 which is a consumer credit agreement within the meaning of the 1974 Act and a regulated agreement within the meaning of that Act —
a
regulations 7, 8, 10 and 11 apply subject to the modifications in paragraphs (2) to (5); and
b
references in these Regulations to regulations 7, 8, 10 and 11 or to provisions contained in them shall be construed accordingly.
2
In regulation 7 —
a
in paragraphs (1) to (3), before “Schedule 1” at each place where it occurs insert “paragraph 13 of”; and
b
in paragraph (4)(b), before “Schedule 2” insert “paragraph 5 of”.
3
In regulation 8(1), for “contractual terms and conditions and the information specified in” at each place where it occurs substitute “information specified in paragraph 13 of”.
4
In regulation 10(3), omit —
a
“the contractual terms and conditions and”; and
b
“those terms and conditions and”.
5
In regulation 11(3), omit “the contractual terms and conditions and” at each place where it occurs.
John Heppell Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
4th August 2004