Normal view MARC view ISBD view

Enforcement of consumer rights and protections Andrews , Claire

Publisher: London LexisNexis 2016Description: cxxii, 1227 pages.ISBN: 9789351437505 .Subject(s): Consumer protection -- Law and legislation -- Great BritainDDC classification: 343.41071 Summary: Contents Machine generated contents note: ch. 1 The Character Of Consumer Protection, Rights And Regulatory Controls Introduction Rights, Protections And Enforcement Regulation Regulation Overview The UK Better Regulation Agenda The EU Better Regulation Agenda Consumer Law And Devolved Powers Legal Basis For Consumer Protection Legislation Competences Policies And Measures Shared Competencies And Enforcement Europe 2020 Who Is A Consumer? The Actual Consumer The Vulnerable Consumer The Reasonable Man Range Of Interventions To Protect Consumers The Consumer And The Internet What Is The Internet Of Things? Problems Of The Internet Digital Agenda The Digital Agenda For Europe The Digital Economy In The UK Problems Of Classification And Borderlines ch. 2 Sources And Influences On Consumer Law Sources Of European Consumer Law Regulations, Directives And Decisions Contents note continued: Delegated And Implementing Legislation And Comitology Other EU Actions With Indirect Legal Effect (Soft Law) Actions In The Court Of Justice Annulment Action For Failure To Act Action For Damages For Non-Contractual Liability Requests For A Preliminary Ruling Actions For Failure To Comply With An Obligation (Infringement Proceedings) Sources Of National Consumer Law Direct Applicability Of Unimplemented EU Law Acts Of Parliament Delegated Legislation Byelaws Legislative Codes Of Practice Court Decisions Free Movement Of Goods And Consumer Regulation Relevance Of Articles 34 To 36 TFEU To Enforcement Maximum Harmonisation And Measures Permitting More Stringent National Law Selling Arrangements Justification And Public Interest Standardisation The Precautionary Principle And Free Movement Of Goods Discrimination Proportionality Free Movement Of Services Contents note continued: Movement Of Services Within The EU The Common European Sales Law Interpretation And Consumer Law The Approach Of The European Court National Interpretation Of EU Law The English Approach To Interpretation Summary Dubious Penalisation Conceptual Problems The Explanatory Memorandum ch. 3 Consumer Rights And Private Enforcement: General Measures Consumer Rights And Protections And The Substantive Law Consumers And The Law Advantages And Disadvantages Of Private Enforcement National Consumer Law Reform Programme Impact Of Consumer Law Reform On Business The Directive On Consumer Rights (DCR) Harmonisation Main Aims Of The DCR Common European Sales Law (CESL) The Importance Of Fair Trading Fair Commercial Methods Consumer Protection From Unfair Trading Regulations 2008 (As Amended) Inertia Selling And Unsolicited Financial Services Contents note continued: Privacy And Electronic Communications (EC Directive) Regulations 2003 Consumer Contracts (Information, Cancellation Rights, Performance And Remedies) Consumer Contracts Regulations 2013 The Consumer Rights (Payment Surcharges) Regulations 2012 Financial Services (Distance Marketing) Regulations 2004 Unfair Relationships Under The Consumer Credit Act 1974 Duty To Act Fairly In All Financial Services Matters Private Actions In Competition Law Fair Trading And Secondary Ticketing Other General Fair Trading Protections Fair Contract Provisions And The Consumer Rights Act 2015 General Observations The Structure Of The Consumer Rights Act Unfair Terms In Contracts Made Before The Consumer Rights Act 2015 Contracts Made After 1 October 2015 Breach Of Statutory Duty And Negligence Breach Of Statutory Duty Negligence Negligent Behaviour And Risk Aversion Private Rights And Product Liability Contents note continued: Product Safety And Product Liability Causes Of Action And Defences Who To Sue ch. 4 Civil Litigation In Consumer Cases Consumer Complaints And National Litigation Consumer ADR Conduct Required Before Commencing Litigation Costs Implications Of Declining ADR Small Claims Money Claims Online National Enforcement Of Civil Claims After Judgment Managing Litigation Costs In Consumer Cases Legal Aid Conditional Fee Agreements (CFA) Legal Expenses Insurance Crowd-Funding Litigation By Collectives Of Consumers Claims Management Cross-Border Litigation In Consumer Cases Choice Of Law In Cross-Border Contracts Choice Of Law Rules In Cross-Border Non-Contractual Arrangements Jurisdiction Documentation And Evidence Enforceability Of Judgments European Enforcement Orders European Payment Orders EU Small Claims Procedure Consumer Debt Assistance With Debt Credit Reference Agencies Contents note continued: Debt-Management ch. 5 Consumer Contracts For Goods Contract Provisions Relating To The Sale Of Goods Directive 1999/​44/​EC And Directive 98/​6/​EC The Consumer Rights Act 2015 Contracts For Sale Of Goods After Implementation Of The CRA Guarantees And Extended Warranties Guarantees Extended Warranties Price Marking Directive 98/​6/​EC On Consumer Protection In The Indication Of The Prices Of Products Offered To Consumers Implemented In The UK By The Price Marking Order 2004 Some Goods In The Shopping Basket Food Alcohol Cosmetics Medical Devices Medicinal Products Electrical Items Tobacco ch. 6 Consumer Contracts And Digital Content Contracts For Digital Content Contracts For Digital Content And Table Of Rights And Remedies The Rights Under The CRA In Relation To Digital Content The Remedies For Breach Of A Term Relating To Digital Content No Contracting Out Contents note continued: Regulatory Enforcement ch. 7 Over-arching provisions about services Consumer Rights Act 2015 Before the CRA After the CRA Rights and Remedies in relation to a consumer contract to supply services Regulatory Enforcement The provision of Services Regulations 2009 The Services Directive E-commerce The Electronic Commerce Directive Electronic Commerce (EC Directive) Regulations 2002 Payment services The Payment Services Directive Payment Services Regulations 2009 Electronic Money Directive 2009/​110/​EC Electronic Money Regulations 2011 ch. 8 Some Consumer Services Exemplified Communications Telephonic Communications: Universal Services, Citizens Rights And Roaming Charges Postal Services Travel Package Tours Other Transportation Protections For Consumers Timeshare And Other Long-Term Holiday Contracts Directive 2008/​122/​EC Contents note continued: Timeshare, Holiday Products, Resale And Exchange Contracts Regulations 2010 Financial Services Distance Marketing Of Financial Services Consumer Credit Private Civil Rights And Protections Public Civil Enforcement Additional Provisions About Credit And Store Cards Mortgage Credit Insurance Pensions Banking Provision Of Utilities Energy Energy And Green Deal Acquisition Of Real Property And Occupation Rights Estate Agents Lettings House Building ch. 9 Who's Who: Consumer And Food Standards Regulatory And Consumer Bodies Changing Regulation European Legislature, Executive And Regulatory Bodies European Parliament European Commission Directorates General Of The Commission Directorate General For Health And Food Safety (DG SANTE) Directorate-General For Justice And Consumers (JUST) Directorate General For Communications Networks, Content And Technology (DG connect) Contents note continued: Directorate General For Competition (DG Competition) Internal Market, Industry, Entrepreneurship And Smes (GROW) Directorate General For Energy (DG ENER) Directorate General For Mobility And Transport (MOVE) Directorate-General For Economic And Financial Affairs (ECFIN) Directorate General For Financial Stability, Financial Services And Capital Markets European Consumer Bodies ANEC BEUC European Self-Regulatory Bodies The European Advertising Standards Alliance (EASA) National Market Surveillance And Enforcement Bodies CPC Enforcers Market Surveillance Government Departments Bodies With General Consumer Responsibilities Non Departmental Bodies And Sectoral Statutory Consumer Bodies Bodies With Sectoral Responsibility: Financial Services And Banking Bodies With Sectoral Responsibility: Food Bodies With Sectoral Responsibility: Media And Communications Contents note continued: Bodies With Sectoral Responsibility: Utilities (A) Energy Bodies With Sectoral Responsibility: (B) Water Bodies With Sectoral Responsibility: (C) Health Bodies With Sectoral Responsibility: (D) Transport Self-Regulation And Voluntary Regulation Advertising And Communications Local Government Market Surveillance And Enforcement Officers Weights And Measures Authorities (Trading Standards Services) Environmental Health Practitioners Consumer Representative And Advice Bodies Consumers International ch. 10 Regulatory Co-Operation And Co-Ordination In Europe Cross-Border Communications And The Commission The European Consumer Agenda 2012-2014 Regulation On A Multi-Annual Consumer Programme Regulation On Consumer Protection Co-Operation Legislation Covered Designated Enforcers And The Single Liaison Office Minimum Investigatory And Enforcement Powers Mutual Assistance Contents note continued: Mutual Cooperation And Coordination European Communication Tools Which Assist This Process Market Surveillance Co-Operation On Products Common Framework For The Marketing Of Products And For Market Surveillance RAPEX Other Cooperation And Coordination Regarding Surveillance Of Harmonised Products Changes And Modernisation Product Safety Enforcement Forum Of Europe (Prosafe) Technical Standards And Regulations Standards As A Tool For Harmonising The New Approach The Problem Of Fragmentation Increasing Use Of Standards The New Legislative Framework/​Free Movement Of Products Package The 2012 Regulation Conformity Assessment European Co-Operation For Accreditation (EA) Co-Operation On Controls On Food And Feed Official Controls RASFF Medicinal And Other Products Rapid Alerts Arising From Quality Defects In Medicinal Products Rapid Alerts Relating To Medical Devices Contents note continued: Other Rapid Alerts Services Internal Market Information System (IMI) The European Community And Other Trading Nations United States China Japan International Consumer Protection And Enforcement Network (ICPEN) Other European Communication Networks ESMA And EBA The European Insurance And Occupational Pensions Authority Body Of European Regulators For Electronic Communications (BEREC) Contact Network Of Spam Enforcement Authorities (CNSA) Council Of European Energy Regulators (CEER) And The Agency For The Cooperation Of Energy Regulators (ACER) ICSMS Co-Ordination Of Market Surveillance And Control Bodies In The UK National Market Surveillance Co-Ordination Committee (MSCC) Product Safety Focus Group National Trading Standards ch. 11 National Application Of Market Surveillance, Conformity Assessment And Official Controls Of Products Products Harmonised Products The Approach Contents note continued: Essential Safety Requirements Types Of Standards EC Declaration Of Conformity And CE Marking Technical Documentation Classification Problems Notified Bodies And Accreditation Distributors And Importers Enforcement Safeguard Clauses Powers Of Destruction Redress General Product Safety The GPSD Emergency Powers Of The Commission Additional Market Surveillance GPSR Surveillance Obligations Of Participants In The Market Communication Of Unsafety Enforcement Principles Risk Assessment And The Precautionary Principle Enforcement Powers Under The GPSR Changes Due To Occur After 2015 Food Imitations Safety Of Goods - Consumer Protection Act 1987 Prohibition Notices And Notice To Warn Official Controls And Food Safety Official Control Activities Competent Authorities, Control Bodies And Official Laboratories Contents note continued: ch. 12 Investigatory Powers Investigatory Powers In Context Schedule 5 Investigatory Powers The Enforcers Authority And Appointment To Investigate Actions Without Authority - Does It Matter? Enforcer's Legislation Information Powers In Schedule 5, Part 3 Power To Require The Production Of Information Enforcement Of The Information Requirement Limitations On Use Of Information Provided In Response To A Notice Under Paragraph 14 The Exercise Of General Powers By Domestic And EU Enforcers: Part 4 Of Schedule 5 Domestic Enforcers EU Enforcers Reasonable Suspicion The General Powers Test Purchasing Observing Business Practices Making Observations: Paragraph 22 Regulation Of Investigatory Powers Act 2000 Pace Code B Code Of Practice Under The Protection Of Freedoms Act 2012 Powers Of Entry Entry Without Warrant: Paragraph 23 Other Considerations Contents note continued: Power To Enter Premises With Warrant: Paragraphs 32 And 33 Investigatory Powers Inside Premises Criminal Procedure And Investigations Act 1996 S 23(1) And Code Of Practice Power To Inspect Products Etc: Paragraph 25 Power To Test Equipment: Paragraph 26 Power To Require The Production Of Documents: Paragraph 27 Power To Seize And Detain Goods: Paragraph 28 Power To Seize Documents Required As Evidence, Paragraph 29 Power To Decommission Or Switch Off Fixed Installations: Paragraph 30 Power To Break Open Container Etc: Paragraph 31 Obstruction: Paragraph 36 Offence Of Purporting To Act As Officer: Paragraph 37 Protections For Defendants Access To Seized Goods And Documents: Paragraph 38 Notice Of Testing: Paragraph 39 Appeals Against Detention Of Goods And Documents Compensation: Paragraph 41 Area Enforcers Civil Proceedings Criminal Proceedings Where Schedule 5 Does Not Apply Contents note continued: Entry And Search ch. 13 Administrative Authority And Notices Introduction To This Chapter Lope Of Administrative Authority Local Authorities Authorisation Of Officers The Localism Act 2011 Other Express Statutory Powers Rules Which Restrict The General Scope Of Powers Administrative Notices, Orders Etc Administrative Notices Etc, And Consultation Availability Of Judicial Review Of Administrative Notices Significance Of Advice Given By An Enforcement Officer Challenges To Administrative Notices The State Of Mind Of The Enforcer Validity Of Notices Rights Of Appeal Withdrawal Of Notices Offences Of Failing To Comply With A Notice Service Of A Notice Does Not Preclude Prosecution ch. 14 Regulatory Controls Of Enforcement Action Common-Law And Court Controls On The Decision To Prosecute Challenging Enforcement Action Contents note continued: Challenging Enforcement Action In The Criminal Courts: Costs Challenging Enforcement Action In The Criminal Courts: Abuse Of Process Challenging Enforcement Action By Judicial Review The Code For Crown Prosecutors The Code DPP's Statement Of Ethical Principles For The Public Prosecutor Deregulation And Regulatory Reform The Deregulation And Contracting Out Act 1994 The Regulatory Reform Act 2001 The Enforcement Concordat The Legislative And Regulatory Reform Act 2006 The Act The Regulators' Code The Growth Duty Enforcement Policies The Regulatory Enforcement And Sanctions Act 2008 The Primary Authority Scheme The Better Regulation Delivery Office Primary Authority The Referral Scheme Inspection Planning Development Of Primary Authority The Small Business Appeals Champion The Red Tape Challenge And Focus On Enforcement ch. 15 Criminal Offences As Enforcement Tools Contents note continued: Criminal Offences As Enforcement Tools Prosecution Of Offences Mens Rea, Strict Liability And Absolute Offences The Offender: Rules Of Attribution Liability Of An Employee Liability Of A Corporate Body Prosecutions Against Companies In Liquidation And Administration Liability Of An Unincorporated Body Or Club Partnerships Joint Enterprises Conspiracies Secondary Offenders The Magistrates Courts Act 1980 Statutory Bypass Provisions Common Concepts In Consumer Protection Offences Sale And Supply Placing On The Marker Mental Elements In Consumer Offences Knowingly Recklessly Intentionally Wilfully Other Objective Concepts In Regulatory Offences Without Reasonable Cause Reasonable Practicability Multiple Offences Offences On The Same Facts Continuing Offences Time Limits Duplicity Notification Of The Cma ch. 16 The Unfair Commercial Practices Directive Contents note continued: The Unfair Commercial Practices Directive An Innovative Measure Scope Of The UCPD Consumer Protection From Unfair Trading Regulations 2008 Key Definitions Part 2 Of CPUT Contravening The Requirements Of Professional Diligence Offences Of Misleading Actions And Misleading Omissions Misleading Price Indications Aggressive Commercial Practices The Schedule 1 Blacklist Procedural Decisions And Sentencing ch. 17 Defences And Other Procedural Protections Types Of Defences Rules Of Attribution Due Diligence Defences Strict Liability And Due Diligence Burden And Standard Of Proof Expert Evidence Regulation 17 Of CPUT: The Factual Circumstances Regulation 17 Of CPUT: All Due Diligence And All Reasonable Precautions Pragmatic Considerations Disclaimers And Qualifications Notices To The Prosecutor Retailer's Defences Advertisers' Defences Warranty Defences Contents note continued: The Criminal Justice Act 2003 `Gateways' ch. 18 Interim Remedies, Injunctions And The Enterprise Act 2002 Challenges To National Legislation And Interim Injunctions Alleging Invalidity Injunctions Against The Crown? Injunctions To Enforce The Criminal Law Who Can Sue To Enforce The Criminal Law? Cross-Undertaking In Damages Other Injunctive Powers Part 8 Of The Enterprise Act 2002 The Injunctions Directive Part 8 Enterprise Act 2002: Overview Collective Interests Of Consumers Domestic Infringement Community Infringement Enforcers Consultation Enforcement Orders And Undertakings Further Proceedings Evidence And Procedure Enhanced Consumer Measures Super Complaints Under The Enterprise Act 2002 (and The FSMA) Investigation Under The Enterprise Act Part 9 Of The Enterprise Act 2002 ch. 19 Regulatory Sentencing, Confiscation And Costs Sentencing Selection Of Charges Contents note continued: Pleas Of Guilty Basis Of Plea Reduction In Sentence For Early Plea The Criminal Justice Act 2003 Sentencing Guidelines Cautions Fines Community sentences Sentences of imprisonment Absolute and conditional discharge Compensation orders Deprivation orders Directors disqualification orders Victim surcharge Criminal costs charge Confiscation Costs ch. 20 Consumer Advocacy, Consumer Codes, Advertising And Non-Statutory Regulation Consumer Advocacy And Advice Consumer Protection Partnership Development Of The Role Of A Consumer Advocacy Body Consumer Codes Approval Scheme The Work Of The Oft Prior To 1 April 2013 CCAS Under The Chartered Trading Standards Institute Buy With Confidence And Trusted Trader Schemes Price Comparison Websites The Ofgem Confidence Code Ofcom Price Accreditation Scheme Price Comparison And Payday Lending Price Comparison And Motor Insurance Contents note continued: `Scores On The Doors' Control Of Advertising Statutory Control Of Commercial Statements The Advertising Standards Authority ch. 21 Alternative Dispute Resolution And Consumer Redress Types Of Alternative Dispute Resolution Mediation Arbitration Adjudication Expert Determination Early Neutral Evaluation Development Of EU Law On Resolution Techniques The Recommended Principles European Code Of Conduct For Mediators Bodies Facilitating Access To Cross-Border Adr European Consumer Centres European Extra-judicial Network/​The European Justice Forum FIN-NET SOLVIT Econsumer.Gov The Directive On Mediation Directive 2008/​52/​EC Of The European Parliament And Of The Council Of 21 May 2008 On Certain Aspects Of Mediation In Civil And Commercial Matters The Cross-Border Mediation (Eu Directive) Regulations 2011 The Directive On ADR And The Regulation On ODR Directive On ADR Contents note continued: The Regulation On ODR National Implementation Of Alternative Dispute Resolution For Consumer Disputes The Alternative Dispute Resolution For Consumer Disputes (Competent Authorities And Information) Regulations 2015 The Alternative Dispute Resolution For Consumer Disputes (Amendment) Regulations 2015 Delegation To The Chartered Trading Standards Institute Consumers Estate Agents And Redress Act 2007, Part II Complaints Handling And Redress Schemes Water Telecommunications Consumer Redress Schemes The Postal Redress Service: Postrsu Water Redress Scheme: Watrs Communications And Internet Services Adjudication Scheme: CISAS ch. 22 Ombudsmen Schemes The European Ombudsman European Network Of Ombudsmen Ombudsmen In The UK The British And Irish Ombudsman Association The Guide To The Principles Of Good Governance The Principles Of Good Complaint Handling Contents note continued: The Parliamentary And Health Service Ombudsman The Local Government Ombudsman (LGO) Financial Ombudsman Service (FOS) Pensions Ombudsman Private Sector Ombudsmen Performing A Prescribed Role Ombudsman Services (Energy) The Ombudsman Service (Communications) Ombudsmen For Estate Agents Legal Ombudsman Private Ombudsman Schemes Removals Industry Ombudsman Furniture Ombudsman Housing Ombudsman (HOS).
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Contents
Machine generated contents note: ch. 1 The Character Of Consumer Protection, Rights And Regulatory Controls
Introduction
Rights, Protections And Enforcement
Regulation
Regulation Overview
The UK Better Regulation Agenda
The EU Better Regulation Agenda
Consumer Law And Devolved Powers
Legal Basis For Consumer Protection Legislation
Competences
Policies And Measures
Shared Competencies And Enforcement
Europe 2020
Who Is A Consumer?
The Actual Consumer
The Vulnerable Consumer
The Reasonable Man
Range Of Interventions To Protect Consumers
The Consumer And The Internet
What Is The Internet Of Things?
Problems Of The Internet
Digital Agenda
The Digital Agenda For Europe
The Digital Economy In The UK
Problems Of Classification And Borderlines
ch. 2 Sources And Influences On Consumer Law
Sources Of European Consumer Law
Regulations, Directives And Decisions
Contents note continued: Delegated And Implementing Legislation And Comitology
Other EU Actions With Indirect Legal Effect (Soft Law)
Actions In The Court Of Justice
Annulment
Action For Failure To Act
Action For Damages For Non-Contractual Liability
Requests For A Preliminary Ruling
Actions For Failure To Comply With An Obligation (Infringement Proceedings)
Sources Of National Consumer Law
Direct Applicability Of Unimplemented EU Law
Acts Of Parliament
Delegated Legislation
Byelaws
Legislative Codes Of Practice
Court Decisions
Free Movement Of Goods And Consumer Regulation
Relevance Of Articles 34 To 36 TFEU To Enforcement
Maximum Harmonisation And Measures Permitting More Stringent National Law
Selling Arrangements
Justification And Public Interest
Standardisation
The Precautionary Principle And Free Movement Of Goods
Discrimination
Proportionality
Free Movement Of Services
Contents note continued: Movement Of Services Within The EU
The Common European Sales Law
Interpretation And Consumer Law
The Approach Of The European Court
National Interpretation Of EU Law
The English Approach To Interpretation
Summary
Dubious Penalisation
Conceptual Problems
The Explanatory Memorandum
ch. 3 Consumer Rights And Private Enforcement: General Measures
Consumer Rights And Protections And The Substantive Law
Consumers And The Law
Advantages And Disadvantages Of Private Enforcement
National Consumer Law Reform Programme
Impact Of Consumer Law Reform On Business
The Directive On Consumer Rights (DCR)
Harmonisation
Main Aims Of The DCR
Common European Sales Law (CESL)
The Importance Of Fair Trading
Fair Commercial Methods
Consumer Protection From Unfair Trading Regulations 2008 (As Amended)
Inertia Selling And Unsolicited Financial Services
Contents note continued: Privacy And Electronic Communications (EC Directive) Regulations 2003
Consumer Contracts (Information, Cancellation Rights, Performance And Remedies)
Consumer Contracts Regulations 2013
The Consumer Rights (Payment Surcharges) Regulations 2012
Financial Services (Distance Marketing) Regulations 2004
Unfair Relationships Under The Consumer Credit Act 1974
Duty To Act Fairly In All Financial Services Matters
Private Actions In Competition Law
Fair Trading And Secondary Ticketing
Other General Fair Trading Protections
Fair Contract Provisions And The Consumer Rights Act 2015
General Observations
The Structure Of The Consumer Rights Act
Unfair Terms In Contracts Made Before The Consumer Rights Act 2015
Contracts Made After 1 October 2015
Breach Of Statutory Duty And Negligence
Breach Of Statutory Duty
Negligence
Negligent Behaviour And Risk Aversion
Private Rights And Product Liability
Contents note continued: Product Safety And Product Liability
Causes Of Action And Defences
Who To Sue
ch. 4 Civil Litigation In Consumer Cases
Consumer Complaints And National Litigation
Consumer ADR
Conduct Required Before Commencing Litigation
Costs Implications Of Declining ADR
Small Claims
Money Claims Online
National Enforcement Of Civil Claims After Judgment
Managing Litigation Costs In Consumer Cases
Legal Aid
Conditional Fee Agreements (CFA)
Legal Expenses Insurance
Crowd-Funding
Litigation By Collectives Of Consumers
Claims Management
Cross-Border Litigation In Consumer Cases
Choice Of Law In Cross-Border Contracts
Choice Of Law Rules In Cross-Border Non-Contractual Arrangements
Jurisdiction
Documentation And Evidence
Enforceability Of Judgments
European Enforcement Orders
European Payment Orders
EU Small Claims Procedure
Consumer Debt
Assistance With Debt
Credit Reference Agencies
Contents note continued: Debt-Management
ch. 5 Consumer Contracts For Goods
Contract Provisions Relating To The Sale Of Goods
Directive 1999/​44/​EC And Directive 98/​6/​EC
The Consumer Rights Act 2015
Contracts For Sale Of Goods After Implementation Of The CRA
Guarantees And Extended Warranties
Guarantees
Extended Warranties
Price Marking
Directive 98/​6/​EC On Consumer Protection In The Indication Of The Prices Of Products Offered To Consumers Implemented In The UK By The Price Marking Order 2004
Some Goods In The Shopping Basket
Food
Alcohol
Cosmetics
Medical Devices
Medicinal Products
Electrical Items
Tobacco
ch. 6 Consumer Contracts And Digital Content
Contracts For Digital Content
Contracts For Digital Content And Table Of Rights And Remedies
The Rights Under The CRA In Relation To Digital Content
The Remedies For Breach Of A Term Relating To Digital Content
No Contracting Out
Contents note continued: Regulatory Enforcement
ch. 7 Over-arching provisions about services
Consumer Rights Act 2015
Before the CRA
After the CRA
Rights and Remedies in relation to a consumer contract to supply services
Regulatory Enforcement
The provision of Services Regulations 2009
The Services Directive
E-commerce
The Electronic Commerce Directive
Electronic Commerce (EC Directive) Regulations 2002
Payment services
The Payment Services Directive
Payment Services Regulations 2009
Electronic Money
Directive 2009/​110/​EC
Electronic Money Regulations 2011
ch. 8 Some Consumer Services Exemplified
Communications
Telephonic Communications: Universal Services, Citizens Rights And Roaming Charges
Postal Services
Travel
Package Tours
Other Transportation Protections For Consumers
Timeshare And Other Long-Term Holiday Contracts
Directive 2008/​122/​EC
Contents note continued: Timeshare, Holiday Products, Resale And Exchange Contracts Regulations 2010
Financial Services
Distance Marketing Of Financial Services
Consumer Credit
Private Civil Rights And Protections
Public Civil Enforcement
Additional Provisions About Credit And Store Cards
Mortgage Credit
Insurance
Pensions
Banking
Provision Of Utilities
Energy
Energy And Green Deal
Acquisition Of Real Property And Occupation Rights
Estate Agents
Lettings
House Building
ch. 9 Who's Who: Consumer And Food Standards Regulatory And Consumer Bodies
Changing Regulation
European Legislature, Executive And Regulatory Bodies
European Parliament
European Commission
Directorates General Of The Commission
Directorate General For Health And Food Safety (DG SANTE)
Directorate-General For Justice And Consumers (JUST)
Directorate General For Communications Networks, Content And Technology (DG connect)
Contents note continued: Directorate General For Competition (DG Competition)
Internal Market, Industry, Entrepreneurship And Smes (GROW)
Directorate General For Energy (DG ENER)
Directorate General For Mobility And Transport (MOVE)
Directorate-General For Economic And Financial Affairs (ECFIN)
Directorate General For Financial Stability, Financial Services And Capital Markets
European Consumer Bodies
ANEC
BEUC
European Self-Regulatory Bodies
The European Advertising Standards Alliance (EASA)
National Market Surveillance And Enforcement Bodies
CPC Enforcers
Market Surveillance
Government Departments
Bodies With General Consumer Responsibilities
Non Departmental Bodies And Sectoral Statutory Consumer Bodies
Bodies With Sectoral Responsibility: Financial Services And Banking
Bodies With Sectoral Responsibility: Food
Bodies With Sectoral Responsibility: Media And Communications
Contents note continued: Bodies With Sectoral Responsibility: Utilities (A) Energy
Bodies With Sectoral Responsibility: (B) Water
Bodies With Sectoral Responsibility: (C) Health
Bodies With Sectoral Responsibility: (D) Transport
Self-Regulation And Voluntary Regulation
Advertising And Communications
Local Government Market Surveillance And Enforcement Officers
Weights And Measures Authorities (Trading Standards Services)
Environmental Health Practitioners
Consumer Representative And Advice Bodies
Consumers International
ch. 10 Regulatory Co-Operation And Co-Ordination In Europe
Cross-Border Communications And The Commission
The European Consumer Agenda 2012-2014
Regulation On A Multi-Annual Consumer Programme
Regulation On Consumer Protection Co-Operation
Legislation Covered
Designated Enforcers And The Single Liaison Office
Minimum Investigatory And Enforcement Powers
Mutual Assistance
Contents note continued: Mutual Cooperation And Coordination
European Communication Tools Which Assist This Process
Market Surveillance Co-Operation On Products
Common Framework For The Marketing Of Products And For Market Surveillance
RAPEX
Other Cooperation And Coordination Regarding Surveillance Of Harmonised Products
Changes And Modernisation
Product Safety Enforcement Forum Of Europe (Prosafe)
Technical Standards And Regulations
Standards As A Tool For Harmonising The New Approach
The Problem Of Fragmentation
Increasing Use Of Standards
The New Legislative Framework/​Free Movement Of Products Package
The 2012 Regulation
Conformity Assessment
European Co-Operation For Accreditation (EA)
Co-Operation On Controls On Food And Feed
Official Controls
RASFF
Medicinal And Other Products
Rapid Alerts Arising From Quality Defects In Medicinal Products
Rapid Alerts Relating To Medical Devices
Contents note continued: Other Rapid Alerts
Services
Internal Market Information System (IMI)
The European Community And Other Trading Nations
United States
China
Japan
International Consumer Protection And Enforcement Network (ICPEN)
Other European Communication Networks
ESMA And EBA
The European Insurance And Occupational Pensions Authority
Body Of European Regulators For Electronic Communications (BEREC)
Contact Network Of Spam Enforcement Authorities (CNSA)
Council Of European Energy Regulators (CEER) And The Agency For The Cooperation Of Energy Regulators (ACER)
ICSMS
Co-Ordination Of Market Surveillance And Control Bodies In The UK
National Market Surveillance Co-Ordination Committee (MSCC)
Product Safety Focus Group
National Trading Standards
ch. 11 National Application Of Market Surveillance, Conformity Assessment And Official Controls Of Products
Products
Harmonised Products
The Approach
Contents note continued: Essential Safety Requirements
Types Of Standards
EC Declaration Of Conformity And CE Marking
Technical Documentation
Classification Problems
Notified Bodies And Accreditation
Distributors And Importers
Enforcement
Safeguard Clauses
Powers Of Destruction
Redress
General Product Safety
The GPSD
Emergency Powers Of The Commission
Additional Market Surveillance
GPSR
Surveillance Obligations Of Participants In The Market
Communication Of Unsafety
Enforcement Principles
Risk Assessment And The Precautionary Principle
Enforcement Powers Under The GPSR
Changes Due To Occur After 2015
Food Imitations
Safety Of Goods
- Consumer Protection Act 1987
Prohibition Notices And Notice To Warn
Official Controls And Food Safety
Official Control Activities
Competent Authorities, Control Bodies And Official Laboratories
Contents note continued: ch. 12 Investigatory Powers
Investigatory Powers In Context
Schedule 5 Investigatory Powers
The Enforcers
Authority And Appointment To Investigate
Actions Without Authority
- Does It Matter?
Enforcer's Legislation
Information Powers In Schedule 5, Part 3
Power To Require The Production Of Information
Enforcement Of The Information Requirement
Limitations On Use Of Information Provided In Response To A Notice Under Paragraph 14
The Exercise Of General Powers By Domestic And EU Enforcers: Part 4 Of Schedule 5
Domestic Enforcers
EU Enforcers
Reasonable Suspicion
The General Powers
Test Purchasing
Observing Business Practices
Making Observations: Paragraph 22
Regulation Of Investigatory Powers Act 2000
Pace Code B
Code Of Practice Under The Protection Of Freedoms Act 2012
Powers Of Entry
Entry Without Warrant: Paragraph 23
Other Considerations
Contents note continued: Power To Enter Premises With Warrant: Paragraphs 32 And 33
Investigatory Powers Inside Premises
Criminal Procedure And Investigations Act 1996 S 23(1) And Code Of Practice
Power To Inspect Products Etc: Paragraph 25
Power To Test Equipment: Paragraph 26
Power To Require The Production Of Documents: Paragraph 27
Power To Seize And Detain Goods: Paragraph 28
Power To Seize Documents Required As Evidence, Paragraph 29
Power To Decommission Or Switch Off Fixed Installations: Paragraph 30
Power To Break Open Container Etc: Paragraph 31
Obstruction: Paragraph 36
Offence Of Purporting To Act As Officer: Paragraph 37
Protections For Defendants
Access To Seized Goods And Documents: Paragraph 38
Notice Of Testing: Paragraph 39
Appeals Against Detention Of Goods And Documents
Compensation: Paragraph 41
Area Enforcers
Civil Proceedings
Criminal Proceedings
Where Schedule 5 Does Not Apply
Contents note continued: Entry And Search
ch. 13 Administrative Authority And Notices
Introduction To This Chapter
Lope Of Administrative Authority
Local Authorities
Authorisation Of Officers
The Localism Act 2011
Other Express Statutory Powers
Rules Which Restrict The General Scope Of Powers
Administrative Notices, Orders Etc
Administrative Notices Etc, And Consultation
Availability Of Judicial Review Of Administrative Notices
Significance Of Advice Given By An Enforcement Officer
Challenges To Administrative Notices
The State Of Mind Of The Enforcer
Validity Of Notices
Rights Of Appeal
Withdrawal Of Notices
Offences Of Failing To Comply With A Notice
Service Of A Notice Does Not Preclude Prosecution
ch. 14 Regulatory Controls Of Enforcement Action
Common-Law And Court Controls On The Decision To Prosecute
Challenging Enforcement Action
Contents note continued: Challenging Enforcement Action In The Criminal Courts: Costs
Challenging Enforcement Action In The Criminal Courts: Abuse Of Process
Challenging Enforcement Action By Judicial Review
The Code For Crown Prosecutors
The Code
DPP's Statement Of Ethical Principles For The Public Prosecutor
Deregulation And Regulatory Reform
The Deregulation And Contracting Out Act 1994
The Regulatory Reform Act 2001
The Enforcement Concordat
The Legislative And Regulatory Reform Act 2006
The Act
The Regulators' Code
The Growth Duty
Enforcement Policies
The Regulatory Enforcement And Sanctions Act 2008
The Primary Authority Scheme
The Better Regulation Delivery Office
Primary Authority
The Referral Scheme
Inspection Planning
Development Of Primary Authority
The Small Business Appeals Champion
The Red Tape Challenge And Focus On Enforcement
ch. 15 Criminal Offences As Enforcement Tools
Contents note continued: Criminal Offences As Enforcement Tools
Prosecution Of Offences
Mens Rea, Strict Liability And Absolute Offences
The Offender: Rules Of Attribution
Liability Of An Employee
Liability Of A Corporate Body
Prosecutions Against Companies In Liquidation And Administration
Liability Of An Unincorporated Body Or Club
Partnerships
Joint Enterprises
Conspiracies
Secondary Offenders
The Magistrates Courts Act 1980
Statutory Bypass Provisions
Common Concepts In Consumer Protection Offences
Sale And Supply
Placing On The Marker
Mental Elements In Consumer Offences
Knowingly
Recklessly
Intentionally
Wilfully
Other Objective Concepts In Regulatory Offences
Without Reasonable Cause
Reasonable Practicability
Multiple Offences
Offences On The Same Facts
Continuing Offences
Time Limits
Duplicity
Notification Of The Cma
ch. 16 The Unfair Commercial Practices Directive
Contents note continued: The Unfair Commercial Practices Directive
An Innovative Measure
Scope Of The UCPD
Consumer Protection From Unfair Trading Regulations 2008
Key Definitions
Part 2 Of CPUT
Contravening The Requirements Of Professional Diligence
Offences Of Misleading Actions And Misleading Omissions
Misleading Price Indications
Aggressive Commercial Practices
The Schedule 1 Blacklist
Procedural Decisions And Sentencing
ch. 17 Defences And Other Procedural Protections
Types Of Defences
Rules Of Attribution
Due Diligence Defences
Strict Liability And Due Diligence
Burden And Standard Of Proof
Expert Evidence
Regulation 17 Of CPUT: The Factual Circumstances
Regulation 17 Of CPUT: All Due Diligence And All Reasonable Precautions
Pragmatic Considerations
Disclaimers And Qualifications
Notices To The Prosecutor
Retailer's Defences
Advertisers' Defences
Warranty Defences
Contents note continued: The Criminal Justice Act 2003 `Gateways'
ch. 18 Interim Remedies, Injunctions And The Enterprise Act 2002
Challenges To National Legislation And Interim Injunctions
Alleging Invalidity
Injunctions Against The Crown?
Injunctions To Enforce The Criminal Law
Who Can Sue To Enforce The Criminal Law?
Cross-Undertaking In Damages
Other Injunctive Powers
Part 8 Of The Enterprise Act 2002
The Injunctions Directive
Part 8 Enterprise Act 2002: Overview
Collective Interests Of Consumers
Domestic Infringement
Community Infringement
Enforcers
Consultation
Enforcement Orders And Undertakings
Further Proceedings
Evidence And Procedure
Enhanced Consumer Measures
Super Complaints Under The Enterprise Act 2002 (and The FSMA)
Investigation Under The Enterprise Act
Part 9 Of The Enterprise Act 2002
ch. 19 Regulatory Sentencing, Confiscation And Costs
Sentencing
Selection Of Charges
Contents note continued: Pleas Of Guilty
Basis Of Plea
Reduction In Sentence For Early Plea
The Criminal Justice Act 2003
Sentencing Guidelines
Cautions
Fines
Community sentences
Sentences of imprisonment
Absolute and conditional discharge
Compensation orders
Deprivation orders
Directors disqualification orders
Victim surcharge
Criminal costs charge
Confiscation
Costs
ch. 20 Consumer Advocacy, Consumer Codes, Advertising And Non-Statutory Regulation
Consumer Advocacy And Advice
Consumer Protection Partnership
Development Of The Role Of A Consumer Advocacy Body
Consumer Codes Approval Scheme
The Work Of The Oft Prior To 1 April 2013
CCAS Under The Chartered Trading Standards Institute
Buy With Confidence And Trusted Trader Schemes
Price Comparison Websites
The Ofgem Confidence Code
Ofcom Price Accreditation Scheme
Price Comparison And Payday Lending
Price Comparison And Motor Insurance
Contents note continued: `Scores On The Doors'
Control Of Advertising
Statutory Control Of Commercial Statements
The Advertising Standards Authority
ch. 21 Alternative Dispute Resolution And Consumer Redress
Types Of Alternative Dispute Resolution
Mediation
Arbitration
Adjudication
Expert Determination
Early Neutral Evaluation
Development Of EU Law On Resolution Techniques
The Recommended Principles
European Code Of Conduct For Mediators
Bodies Facilitating Access To Cross-Border Adr
European Consumer Centres
European Extra-judicial Network/​The European Justice Forum
FIN-NET
SOLVIT
Econsumer.Gov
The Directive On Mediation
Directive 2008/​52/​EC Of The European Parliament And Of The Council Of 21 May 2008 On Certain Aspects Of Mediation In Civil And Commercial Matters
The Cross-Border Mediation (Eu Directive) Regulations 2011
The Directive On ADR And The Regulation On ODR
Directive On ADR
Contents note continued: The Regulation On ODR
National Implementation Of Alternative Dispute Resolution For Consumer Disputes
The Alternative Dispute Resolution For Consumer Disputes (Competent Authorities And Information) Regulations 2015
The Alternative Dispute Resolution For Consumer Disputes (Amendment) Regulations 2015
Delegation To The Chartered Trading Standards Institute
Consumers Estate Agents And Redress Act 2007, Part II
Complaints Handling And Redress Schemes
Water
Telecommunications
Consumer Redress Schemes
The Postal Redress Service: Postrsu
Water Redress Scheme: Watrs
Communications And Internet Services Adjudication Scheme: CISAS
ch. 22 Ombudsmen Schemes
The European Ombudsman
European Network Of Ombudsmen
Ombudsmen In The UK
The British And Irish Ombudsman Association
The Guide To The Principles Of Good Governance
The Principles Of Good Complaint Handling
Contents note continued: The Parliamentary And Health Service Ombudsman
The Local Government Ombudsman (LGO)
Financial Ombudsman Service (FOS)
Pensions Ombudsman
Private Sector Ombudsmen Performing A Prescribed Role
Ombudsman Services (Energy)
The Ombudsman Service (Communications)
Ombudsmen For Estate Agents
Legal Ombudsman
Private Ombudsman Schemes
Removals Industry Ombudsman
Furniture Ombudsman
Housing Ombudsman (HOS).

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