Explanatory Note
(This note is not part of the Regulations)
These Regulations implement most provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council ("the Directive"). The remaining provisions of the Directive are implemented in the Consumer Rights (Payment Surcharges) Regulations 2012 ("the Payment Surcharges Regulations") and the Enterprise Act 2002 (Part 8 EU Infringements) Order 2013. That Order provides that enforcement procedures under Part 8 of the Enterprise Act 2002 apply in relation to a breach of these Regulations and the Payment Surcharges Regulations. A Transposition Note detailing how the Directive is implemented in the UK is available from the BIS website at www.gov.uk/bis.
The Regulations apply to contracts between traders and consumers, as defined in regulation 4. Some provisions of the Regulations apply only to on-premises contracts, some only to off-premises contracts, and some only to distance contracts; these terms are defined in regulation 5. Regulations 6, 7 and 27 provide for a number of excluded contracts (such as contracts for gambling, health services and services of a banking or insurance nature) to which provisions in the Regulations do not apply.