Enforcement of consumer protection laws under the Consumer Rights Act 2015
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:

  • Enforcement of consumer protection laws under the Consumer Rights Act 2015
  • Enforcers with access to the generic set of investigatory powers under CRA 2015
  • The generic powers for consumer law enforcement
  • Power to require information
  • Limitations on the use of the power to require information
  • Powers available when entering the traders' premises
  • Power to make test purchases acting as a consumer
  • Power to observe the carrying on of a business acting as a consumer
  • Power of entry without warrant
  • Powers to inspect products on the premises
  • More...

Enforcement of consumer protection laws under the Consumer Rights Act 2015

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.

On IP completion day, amendments to Schedule 5 to the Consumer Rights Act 2015 (CRA 2015) and 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 substituted references in CRA 2015 and EnA 2002 to ‘Community infringements’ with references to ‘Schedule 13 infringements’, referring to the Schedule 13 it inserts into EnA 2002. Further, these regulations refer to ‘Schedule 13 enforcers’ in place of references to ‘EU enforcers’ which existed 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

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