The Business Protection from Misleading Marketing Regulations 2008

UK Statutory Instrument 2008 No. 1276 — creates 5 criminal offences.

5offences created

0recorded in force

0revoked

Made: 8 May 2008
In force from: 26 May 2008
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising (OJ No L376 27.12.2006, p 21) (“the Directive”). The Directive replaces Council Directive 84/450/EEC concerning misleading and comparative advertising (OJ No L250 19.9.84, p 17) and codifies the amendments made to that directive. Council Directive 84/450/EEC was implemented by the Control of Misleading Advertising Regulations 1988 (S.I. 1988/915). Those Regulations are revoked by the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277). Part 1 prohibits advertising which misleads traders. This Part also sets out the conditions under which comparative advertising (namely advertising which identifies a competitor or a competitor’s product) is permitted. In addition this Part requires code owners (namely traders and bodies responsible for codes of conduct or monitoring compliance with such codes) not to promote misleading advertising and comparative advertising which is not permitted. Part 2 provides for criminal offences and defences that apply where a trader engages in misleading advertising Part 3 places a duty to enforce the Regulations on the OFT, local weights and measures authorities and the Department of Enterprise, Trade and Investment in Northern Ireland (“the enforcement authorities”). The enforcement authorities are given the power to take proceedings for an injunction to secure compliance with the Regulations. Part 4 gives the enforcement authorities powers to investigate whether there has been a breach of the Regulations including a power to make test purchases and powers to enter premises with or without a warrant. A transposition note and an impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the BERR website (www.berr.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies have also been placed in the Libraries of both Houses of Parliament.

Offences created by this instrument

Power of entry and investigation, etc regulation 23(11) · Status not determined · Strict liability
Obstruction of authorised officers regulation 25(1) · Status not determined · Requires proof of a state of mind
Obstruction of authorised officers regulation 25(2) · Status not determined · Strict liability
Misleading advertising regulation 6 · Status not determined · Strict liability
a commits an offence under regulation 6, or regulation 9(1)(a) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Consumer Protection from Unfair Trading Regulations 2008 Lords · Lords Chamber · 23 April 2008 · Lord Tunnicliffe
rose to move, That the draft regulations laid before the House on 3 March be approved. The noble Lord said: My Lords, I shall also speak to the Business Protection from Misleading Marketing Regulations 2008. Both sets of regulations implement EC directives and are being made under Section 2(2) of the European Communities Act 1972. The consumer protection regulations implement the unfair commercial practices directive. The regulations prohibit traders in all sectors from engaging in unfair commercial practices with consumers. Commercial practices are acts or omissions by a trader directly…
Business Protection from Misleading Marketing Regulations 2008 Lords · Lords Chamber · 23 April 2008
Delegated Legislation Commons · Commons Chamber · 7 May 2008 · Mr. Deputy Speaker (Sir Alan Haselhurst)
With the leave of the House, I shall put together the motions relating to trade descriptions and consumer protection. Motion made, and Question put forthwith, pursuant to Standing Order No. 118 (6) (Standing Committees on Delegated Legislation), Trade Descriptions That the draft Business Protection from Misleading Marketing Regulations 2008, which were laid before this House on 3rd March, be approved. Consumer Protection That the draft Consumer Protection from Unfair Trading Regulations 2008, which were laid before this House on 3rd March, be approved.— [Mr. Alan Campbell.] Question agreed to.
Cabling Commons · Westminster Hall · 30 October 2012 · The Minister of State, Department for Business, Innovation and Skills (Michael Fallon)
It is a pleasure to serve under your chairmanship, Mr Caton. I congratulate the hon. Member for Washington and Sunderland West (Mrs Hodgson) on securing the debate and on raising important issues, and I recognise that she has a particular constituency interest in this issue. I also welcome the hon. Member for Wrexham (Ian Lucas) to the debate and welcome the interest that he has shown in it. I will begin by describing some of the regulatory regimes that electric cables fall under, so that we are clear about them. As far as safety is concerned, there are robust safety regulations that apply…
Business Rates Reduction Services Commons · Westminster Hall · 26 May 2021 · The Financial Secretary to the Treasury (Jesse Norman)
I thank my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for having secured this important debate on a matter that is of considerable public interest generally, but also locally in his constituency and to those affected by this company. It is a pleasure to speak in a debate that is not disfigured by party politics; all Members have made very constructive contributions, and I am grateful for them. I will start by expressing my sadness that, inevitably, proceedings elsewhere in this House at the moment are going to be overshadowed by this very important consideration of…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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