# The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013 (revoked)

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U.K.

Statutory Instruments

# 2013 No. 761

Consumer Protection

# The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013

Made

26th March 2013

Coming into force

6th April 2013

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972                           F1 in relation to matters relating to consumer protection F2, makes the following Order in exercise of the powers conferred by section 2(2) of that Act and section 211 of the Enterprise                           Act 2002 F3.                        

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and section 211(7) of the Enterprise                           Act 2002, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.                        

F11972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and the European Union (Amendment) Act 2008 (c.7), **Schedule 1**, Part 1.

F2Article 2 of, and the Schedule to, the European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

F32002 c.40.

## Citation, commencement and interpretationU.K.

1.—(1) This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013 and comes into force on 6th                     April 2013.                  

(2) In these Regulations, “Payment Surcharges Regulations” means the Consumer Rights (Payment Surcharges) Regulations 2012 F4.                  

F4S.I. 2012/3110.

## Specified infringementsU.K.

2.  Acts or omissions which are a contravention of regulation 4 of the Payment Surcharges Regulations are specified for the purposes                     of section 211(2) of the Enterprise Act 2002.                  

## Amendment to the Payment Surcharges RegulationsU.K.

3.  In regulation 7 of the Payment Surcharges Regulations, at the end of paragraph (4), insert, “ and to any enforcement action taken under Part 8 of the Enterprise Act 2002 F5. ”                  

F5A number of amendments were made to Part 8 of the Act by the Enterprise Act 2002 (Amendment) Regulations 2006 (SI 2006/3363).

Jo Swinson

 Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

 Department for Business, Innovation and Skills

26th March 2013

## Explanatory Note

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 enables persons and bodies which are general or designated enforcers to seek enforcement                        orders prohibiting domestic and Community infringements. Section 211(1) of the Act defines a domestic infringement as an act                        or omission done or made by a person in the course of a business which falls within section 211(2) and harms the collective                        interests of consumers in the United Kingdom.                     

Article 2 of this Order specifies acts or omissions which are contraventions of regulation 4 of the Consumer Protection (Payment                        Surcharges) Regulations 2012 as constituting domestic infringements for the purposes of section 211(2).                     

Article 3 of this Order amends regulation 7 of the Consumer Rights (Payment Surcharges) Regulations 2012 so that, if it considers                        it appropriate, an enforcement authority considering a complaint under that provision may have regard to any enforcement action                        taken under Part 8 of the Enterprise Act 2002. Those Regulations implement Article 19 of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council F6.                     

An impact assessment of the effect that the instrument will have on the costs of business, the voluntary sector and the public                        sector is available from the BIS website at www.gov.uk/bis, and is published with the Explanatory Memorandum alongside the                        instrument on www.legislation.gov.uk. A copy has also been placed in the Libraries of both Houses of Parliament.