Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
Produced in partnership with Helen Simm of Browne Jacobson

The following Corporate Crime practice note produced in partnership with Helen Simm of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
  • Expansion of civil remedies for consumer breaches
  • Civil enforcement powers—Enterprise Act 2002, Part 8
  • Scope of Part 8 of the Enterprise Act 2002
  • ECM type—redress measures
  • 'Suffered a loss'
  • Offers of redress
  • Termination of contracts
  • Measures in the collective interest of consumers
  • ECM type—compliance measures
  • More...

Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002

Consumer protection law in the UK derives partly from EU law and partly from UK-specific law. While the UK was an EU Member State, EU law provided for reciprocal arrangements between the UK and EU to ensure consistent and mutually beneficial enforcement across the EU. The UK’s departure from the EU changed the regulation and enforcement of consumer protection laws in the UK.

As of IP completion day, amendments to Part 8 of the Enterprise Act 2002 (EnA 2002) were made to reflect there are no longer reciprocal obligations on the UK or EU Member States to investigate breaches of consumer laws or take forward enforcement actions in the other’s jurisdictions.

These amendments were made by the Consumer Protection (Enforcement) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/203 (as amended). SI 2019/203 substitutes references in EnA 2002 to ‘Community infringements’ with references to ‘Schedule 13 infringements’, referring to the Schedule 13 it inserted into EnA 2002. Accordingly, these regulations refer to ‘Schedule 13 enforcers’ in place of references to enforcers of relevant EU law prior to IP completion day.

The Consumer Protection (Amendment etc) (EU Exit) Regulations 2018, SI 2018/1326, also came into force on IP completion day, made amendments to a range of EU derived consumer protection legislation, including the Consumer Rights Act

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