Exiting The European Union PART 1 Introduction Citation and commencement 1 1 These Regulations may be cited as the Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020. 2 These Regulations come into force on IP completion day except for regulation 6 which comes into force immediately before IP completion day. PART 2 Amendment of primary legislation Amendment of the Prescription and Limitation (Scotland) Act 1973 2 1 The Prescription and Limitation (Scotland) Act 1973 is amended as follows. 2 In subsection (2) of section 14 (computation of prescriptive periods)— a omit the definition of “ADR Directive”; b for the definition of “ADR entity” substitute— “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ) ; ; c for the definition of “ADR procedure” substitute— “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution; ; d after the definition of “ADR procedure” insert— “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; ; e for the definition of “relevant consumer dispute” substitute— “relevant consumer dispute” means a dispute that— concerns obligations under a sales contract or a service contract, and is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure;; ; f after the definition of “relevant cross-border dispute” insert— “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. . Amendment of the Limitation Act 1980 3 1 The Limitation Act 1980 is amended as follows. 2 In subsection (1) of section 33B (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes)— a omit paragraph (a); b for paragraph (b) substitute— b “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ); ; c for paragraph (d) substitute— d “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution; ; d after paragraph (d) insert— da “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; ; e for paragraph (f) substitute— f “relevant dispute” means a dispute that— i concerns obligations under a sales contract or a service contract, and ii is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure; ; f after paragraph (f) insert— g “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; h “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; i “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. . Amendment of the Foreign Limitation Periods Act 1984 4 1 The Foreign Limitation Periods Act 1984 is amended as follows. 2 In subsection (1) of section 1B (extension of limitation periods because of alternative dispute resolution in certain cross-border or domestic contractual disputes)— a omit paragraph (a); b for paragraph (b) substitute— b “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ); ; c for paragraph (d) substitute— d “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution; ; d after paragraph (d) insert— da “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; ; e for paragraph (f) substitute— f “relevant dispute” means a dispute that— i concerns obligations under a sales contract or a service contract, and ii is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure; ; f after paragraph (f) insert— g “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; h “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; i “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. . Amendment of the Limitation (Northern Ireland) Order 1989 5 1 The Limitation (Northern Ireland) Order 1989 is amended as follows. 2 In paragraph (5) of article 51B (extension of time limits: non-binding ADR procedure)— a omit the definition of “ADR Directive”; b for the definition of “ADR entity” substitute— “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ); ; c for the definition of “ADR procedure” substitute— “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution; ; d after the definition of “ADR procedure” insert— “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; ; e for the definition of “relevant dispute” substitute— “relevant dispute” means a dispute that— concerns obligations under a sales contract or a service contract, and is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure;; ; f after the definition of “relevant dispute” insert— “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. . PART 3 Amendment of subordinate legislation Amendment of the Equality (Amendment and Revocation) (EU Exit) Regulations 2019 6 1 The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 are amended as follows. 2 In paragraph (2) of regulation 5 (amendment of the Equality Act 2010 )— a for sub-paragraph (b) substitute— b for paragraph (b), substitute— “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ) ; ; b after sub-paragraph (c) insert— ca after paragraph (d), insert— da “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; ; ; c in sub-paragraph (d), for “contract of sale or for services” substitute “sales contract or a service contract”; d after sub-paragraph (d) insert— e after paragraph (f), insert— g “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; h “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; i “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. . . 3 After regulation 9 insert— PART 5 Transitional provision 10 These Regulations do not affect any extension of a time limit under section 140AA of the Equality Act 2010 which has begun before these Regulations come into force. . PART 4 Transitional provision Transitional provision 7 1 These Regulations do not affect any extension which has begun before these Regulations come into force. 2 For the purpose of paragraph (1), “extension” means an extension of— a a prescriptive period under section 14 of the Prescription and Limitation (Scotland) Act 1973, b a time limit under section 33B of the Limitation Act 1980, c a limitation period under section 1B of the Foreign Limitation Periods Act 1984, or d a time limit under article 51B of the Limitation (Northern Ireland) Order 1989. Paul Scully Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy 20th October 2020