Statutory Instrument 1987 No. 1680 (C.51)

The Consumer Protection Act 1987 (Commencement No. 1) Order 1987

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© Crown Copyright 1987

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1987 No. 1680 (C.51)

CONSUMER PROTECTION

The Consumer Protection Act 1987 (Commencement No. 1) Order 1987

The Secretary of State, in exercise of the powers conferred upon him by section 50(2), (4) and (5) of the Consumer Protection Act 1987^[1], hereby makes the following Order:

    1.    This Order may be cited as the Consumer Protection Act 1987 (Commencement No. 1) Order 1987.

    2.    In this Order-

"the 1961 Act" means the Consumer Protection Act 1961^[2];

"the 1965 Act" means the Consumer Protection Act (Northern Ireland) 1965^[3];

"the 1987 Act" means the Consumer Protection Act 1987;

"the existing Regulations" means Regulations made under the 1961 Act or the 1965 Act which are in force on 1st October 1987, including, for the avoidance of doubt, the Regulations referred to in section 6(2) of the 1961 Act.

    3.    The following provisions of the 1987 Act shall come into force on 1st October 1987-
 (a) Part II (consumer safety);
 (b) Part IV (enforcement) in so far as it has effect for the purposes of or in relation to Part II;
 (c) Part V (miscellaneous and supplemental) sections 37 to 47 in so far as they have effect for the purposes of or in relation to Part II;
 (d) section 48(1) (minor and consequential amendments) in so far as it relates to the paragraphs of Schedule 4 mentioned in paragraph (j) below;
 (e) section 48(2)(b) (repeal of Fabrics (Misdescription) Act 1913);
 (f) section 48(3) (repeals) in so far as it gives effect to the repeals in Schedule 5 mentioned in paragraph (k) below;
 (g) section 49 (Northern Ireland);
 (h) section 50 (short title, commencement and transitional provision);
 (i) Schedule 2 (prohibition notices and notices to warn);
 (j) Schedule 4 (minor and consequential amendments) paragraphs 1, 2, 4, 6, 7, 9, 10, 11 and 13;
 (k) Schedule 5 (repeals) the repeals set out in Part I of the Schedule to this Order.

    4.    The following provisions of the 1987 Act shall come into force on 1st March 1988-
 (a) Part I (product liability);
 (b) section 36 (amendments of Part I of the Health and Safety at Work etc. Act 1974^[4]);
 (c) sections 41(2) and (6) (civil proceedings), 45 (interpretation) and 46 (meaning of "supply") in so far as they have effect for the purposes of or in relation to Part I;
 (d) section 48(1) (minor and consequential amendments) in so far as it relates to the paragraphs of Schedule 4 mentioned in paragraph (h) below.;
 (e) section 48(3) (repeals) in so far as it gives effect to the repeals in Schedule 5 mentioned in paragraph (i) below;
 (f) Schedule 1 (limitation of actions under Part I);
 (g) Schedule 3 (amendments of Part I of the Health and Safety at Work etc. Act 1974);
 (h) Schedule 4 (minor and consequential amendments) paragraphs 5, 8 and 12;
 (i) Schedule 5 (repeals) the repeals set out in Part II of the Schedule to this Order.

    5.    The following provisions of this Order shall come into force on 1st October 1987.

    6.    The existing Regulations shall have effect as if they had been made under section 11 of the 1987 Act, subject to the following provisions of this Order, and references in those Regulations to either the 1961 Act or the 1965 Act or to any provision of those Acts shall be construed as references to the 1987 Act or to the corresponding provision of that Act.

    7.    Any provisions of the existing Regulations concerning the application of section 2 of the 1961 Act or section 2 of the 1965 Act shall cease to have effect.

    8.    The existing Regulations shall be treated for all purposes as including a provision prohibiting any person from supplying, or from offering to supply, agreeing to supply, exposing for supply or possessing for supply goods in respect of which any of the requirements of the Regulations are not satisfied, except where that person reasonably believes that the goods will not be used in the United Kingdom.

    9.    For the avoidance of doubt, the provision referred to in article 8 above shall have effect irrespective of the date of manufacture of the goods to which that provision applies.

John Butcher

Parliamentary Under-Secretary of State, Department of Trade and Industry

23rd September 1987

[1] 1987 c. 43. back

[2] 1961 c. 40. back

[3] 1965 c. 14 (N.I.). back

[4] 1974 c. 37. back

Explanatory Note