UK Statutory Instrument SI 2008 United Kingdom Repealed

Consumer Protection from Unfair Trading Regulations 2008

These Regulations implement Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJ No L 149, 11.6.2005, p22) (“the Directive”). These Regulations also implement article 6.2 of Directive 1999/44/EC of the European Parliament and of the Council on certain aspects of the sale of …

Read it on legislation.gov.uk (opens in a new tab)
Status
Repealed
Penalty ceiling
Imprisonment 5 of 8 obligations carry up to 2 years imprisonment. 2 carry different penalties and 1 has no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Trader3

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
Part 2

PROHIBITIONS

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.003 Prohibition of unfair commercial practices (opens in a new tab)
s.004 Prohibition of the promotion of unfair commercial practices
s.005 Misleading actions (opens in a new tab)
s.006 Misleading omissions (opens in a new tab)
s.007 Aggressive commercial practices (opens in a new tab)
Part 3

OFFENCES

7 of 11 sections shown
s.008 Offences relating to unfair commercial practices (opens in a new tab) Imprisonment
  • Engage in unfair commercial practicesTrader
s.010 Offences relating to unfair commercial practices (opens in a new tab) Imprisonment
  • Engage in prohibited unfair commercial practiceTrader
s.011 Offences relating to unfair commercial practices (opens in a new tab) Imprisonment
  • Engage in unfair commercial practiceAny Person
s.012 Offences relating to unfair commercial practices (opens in a new tab) Imprisonment
  • Commit an unfair commercial practiceAny Person
s.013 Penalty for offences (opens in a new tab) Prosecution
  • Fail to comply with unfair trading regulationsAny Person

Unlimited fine

s.015 Offences committed by bodies of persons (opens in a new tab) Imprisonment
  • Company liable for consumer‑unfair‑trading offenceAny Person
s.016 Offence due to the default of another person (opens in a new tab) Prosecution
  • Cause another person to commit a consumer unfair‑trading offenceAny Person

Unlimited fine

4 other sections in this Part — procedural and definitional
s.009 Offences relating to unfair commercial practices (opens in a new tab)
s.014 Time limit for prosecution (opens in a new tab)
s.017 Due diligence defence (opens in a new tab)
s.018 Innocent publication of advertisement defence (opens in a new tab)
Part 4

ENFORCEMENT

0 of 9 sections shown
9 other sections in this Part — procedural and definitional
s.019 Duty and power to enforce (opens in a new tab)
s.020 Power to make test purchases (opens in a new tab)
s.021 Power of entry and investigation, etc. (opens in a new tab)
s.022 Power to enter premises with a warrant (opens in a new tab)
s.023 Obstruction of authorised officers (opens in a new tab)
s.024 Notice of test and intended proceedings (opens in a new tab)
s.025 Compensation (opens in a new tab)
s.026 Application of Part 8 of Enterprise Act 2002 (opens in a new tab)
s.027 Evidence as to factual claims (opens in a new tab)
Part 4

CONSUMERS’ RIGHTS TO REDRESS

1 of 12 sections shown
s.027 How does the right to unwind work if payments are demanded which are not due? Regulated
  • Refund customers for payments they were not required to makeTrader
11 other sections in this Part — procedural and definitional
s.027 How does the right to unwind work in the case of a business to consumer contract?
s.how can a consumer enforce the rights to redress? How can a consumer enforce the rights to redress?
s.how does the right to a discount work? How does the right to a discount work?
s.how does the right to damages work? How does the right to damages work?
s.how does the right to unwind work in the case of a How does the right to unwind work in the case of a consumer to business contract?
s.how does this part relate to the existing law? How does this Part relate to the existing law?
s.what does “prohibited practice” mean in this part? What does “prohibited practice” mean in this Part?
s.what financial services are covered by this part? What financial services are covered by this Part?
s.what immoveable property is covered by this part? What immoveable property is covered by this Part?
s.when does a consumer have a right to redress? When does a consumer have a right to redress?
s.when does the right to unwind apply to a business When does the right to unwind apply to a business to consumer contract?
Part 5

SUPPLEMENTARY

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.028 Crown (opens in a new tab)
s.029 Validity of agreements (opens in a new tab)
s.030 Amendments, repeals and transitional and saving provisions (opens in a new tab)
s.inertia selling Inertia selling
Schedules

Schedules

0 of 93 shown
93 other schedules
s.001 Commercial practices which are in all circumstances considered unfair (opens in a new tab)
s.002 Amendments (opens in a new tab)
s.004 Repeals and Revocations (opens in a new tab)
s.sch002 Anglo-Portuguese Commercial Treaty Act 1914
s.sch002 Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003
s.sch002 Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003
s.sch002 Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003
s.sch002 Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003
s.sch002 Price Marking (Food and Drink) Services Order 2003
s.sch002 Control of Misleading Advertisements (Amendment) Regulations 2003
s.sch002 Price Marking (Food and Drink) Services Order (Northern Ireland) 2004
s.sch002 Energy Information (Household Refrigerators and Freezers) Regulations 2004
s.sch002 Consumer Credit (Advertisements) Regulations 2004
s.sch002 Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004
s.sch002 Financial Services (Distance Marketing) Regulations 2004
s.sch002 Duty Stamps Regulations 2006
s.sch002 The Water and Sewerage Services (Northern Ireland) Order 2006
s.sch002 Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006
s.sch002 Licensing (Relevant Offences) (Scotland) Regulations 2007
s.sch002 Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.sch002 Administration of Justice Act 1970
s.sch002 Greater London Council (General Powers) Act 1972
s.sch002 Fair Trading Act 1973
s.sch002 Hallmarking Act 1973
s.sch002 Consumer Credit Act 1974
s.sch002 Anglo-Portuguese Commercial Treaty Act 1916
s.sch002 Telecommunications Act 1984
s.sch002 Fraudulent Mediums Act 1951
s.sch002 Companies Act 1985
s.sch002 Weights and Measures Act 1985
s.sch002 Airports Act 1986
s.sch002 Consumer Protection Act 1987
s.sch002 County of Cleveland Act 1987
s.sch002 Copyright, Designs and Patents Act 1988
s.sch002 Trading Representations (Disabled Persons) Act 1958
s.sch002 Road Traffic Act 1988
s.sch002 Water Act 1989
s.sch002 Courts and Legal Services Act 1990
s.sch002 Water Industry Act 1991
s.sch002 Trading Representations (Disabled Persons) Act (Northern Ireland) 1958
s.sch002 Water Resources Act 1991
s.sch002 North Yorkshire County Council Act 1991
s.sch002 Railways Act 1993
s.sch002 Trade Marks Act 1994
s.sch002 Coal Industry Act 1994
s.sch002 London Local Authorities Act 1996
s.sch002 Greater London Authority Act 1999
s.sch002 Mock Auctions Act 1961
s.sch002 Postal Services Act 2000
s.sch002 Utilities Act 2000
s.sch002 Transport Act 2000
s.sch002 Criminal Justice and Police Act 2001
s.sch002 Kent County Council Act 2001
s.sch002 Medway Council Act 2001
s.sch002 Enterprise Act 2002
s.sch002 Trade Descriptions Act 1968
s.sch002 Licensing Act 2003
s.sch002 Communications Act 2003
s.sch002 Nottingham City Council Act 2003
s.sch002 Wireless Telegraphy Act 2006
s.sch002 Companies Act 2006
s.sch002 Tourism (Sleeping Accommodation Price Display) Order 1977
s.sch002 Weights and Measures (Northern Ireland) Order 1981
s.sch002 Road Vehicles (Construction and Use) Regulations 1986
s.sch002 The Companies (Northern Ireland) Order 1986
s.sch002 Consumer Protection (Northern Ireland) Order 1987
s.sch002 Control of Misleading Advertisements Regulations 1988
s.sch002 Road Vehicles Lighting Regulations 1989
s.sch002 Estate Agents (Specified Offences) (No. 2) Order 1991
s.sch002 Airports (Northern Ireland) Order 1994
s.sch002 Motor Cycle Silencer and Exhaust Systems Regulations 1995
s.sch002 Energy Information (Washing Machines) Regulations 1996
s.sch002 Energy Information (Tumble Driers) Regulations 1996
s.sch002 Energy Information (Combined Washer-Driers) Regulations 1997
s.sch002 Motor Cycles (Protective Helmets) Regulations 1998
s.sch002 Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999
s.sch002 Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999
s.sch002 Energy Information (Lamps) Regulations 1999
s.sch002 Energy Information (Dishwashers) Regulations 1999
s.sch002 Road Vehicles Lighting Regulations (Northern Ireland) 2000
s.sch002 Control of Misleading Advertisements (Amendment) Regulations 2000
s.sch002 Consumer Protection (Distance Selling) Regulations 2000
s.sch002 Sale and Supply of Goods to Consumers Regulations 2002
s.sch002 Energy (Northern Ireland) Order 2003
s.sch002 Energy Information (Household Electric Ovens) Regulations 2003
s.sch003 Trade Descriptions Act 1968
s.sch003 Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003
s.sch003 Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003
s.sch003 Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006
s.sch003 Disclosure of information
s.sch003 Application of the Consumer Protection Act 1987 to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992
s.sch003 Application of the Consumer Protection (Northern Ireland) Order 1987 to the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992
s.sch003 Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003

Help complying

Guvnor’s practical routes through this instrument.

Run a retail business

Ongoing compliance and operational guidance for established retail businesses
1 more guide that reference this instrument
Avoid unfair trading practices

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.