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06 December 2018
The Department for Business, Energy and Industrial Strategy (BEIS) has published draft regulations to make amendments to legislation that enforce laws protecting consumers' rights in the UK. The draft regulations are made under the European Union (Withdrawal) Act 2018 as part of the UK Government's preparations for Brexit.
Under Part 2 of the Draft Regulations, the key changes are the removal of the various EU enforcer bodies including:
Part 4 of the Draft Regulations revoke the Consumer Protection Cooperation Regulation (2006/2004) (the 'CPC Regulations') in its entirety. The CPC Regulations set out reciprocal arrangements for EU member states to cooperate in cross-border investigation and enforcement of EU consumer laws. These reciprocal agreements will cease to apply to the UK after Brexit as the UK will no longer be a Member State.
Part 5 of the Draft Regulations sets out transitional provisions relating to exercising of power by enforcers under the 2002 Act and the 2015 Act. It holds that pre-exit day, enforcers are able to exercise functions in relation to Community infringements under the 2002 Act and the 2015 Act. However, post-exit day, Community enforcers are not to exercise any functions under Part 8 of the 2002 Act and cannot continue court proceedings under Part 8 either.
It is important to note that there are no transitional provisions relating to the CPC Regulation.
The Draft Regulations will be effective from exit day and demonstrate the Government's approach to ensure that current legislation due to EU membership continues to be operative post Brexit and to ensure that UK consumers are no worse off, whilst removing the direct influence and jurisdiction of EU member state enforcement bodies.
For further information on this topic please contact Ian Tucker at Burges Salmon LLP by telephone (+44 117 939 2000) or email (firstname.lastname@example.org). The Burges Salmon LLP website can be accessed at www.burges-salmon.com.
This article has been reproduced in its original format from Lexology – www.Lexology.com.
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