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Consumer Rights Bill (HC Bill 161)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Business, Innovation
and Skills, are published separately as Bill 161—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Vince Cable has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Consumer Rights Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Consumer contracts for goods, digital content and services

    1. Chapter 1

      Introduction

      1. 1. Where Part 1 applies

      2. 2. Key definitions

    2. Chapter 2

      Goods

      1. What goods contracts are covered?

        1. 3. Contracts covered by this Chapter

        2. 4. Ownership of goods

        3. 5. Sales contracts

        4. 6. Contracts for the hire of goods

        5. 7. Hire-purchase agreements

        6. 8. Contracts for transfer of goods

      2. What statutory rights are there under a goods contract?

        1. 9. Goods to be of satisfactory quality

        2. 10. Goods to be fit for particular purpose

        3. 11. Goods to be as described

        4. 12. Other pre-contract information included in contract

        5. 13. Goods to match a sample

        6. 14. Goods to match a model seen or examined

        7. 15. Installation as part of conformity of the goods with the contract

        8. 16. Goods not conforming to contract if digital content does not conform

        9. 17. Trader to have right to supply the goods etc

        10. 18. No other requirement to treat term about quality or fitness as included

      3. What remedies are there if statutory rights under a goods contract are not met?

        1. 19. Consumer’s rights to enforce terms about goods

        2. 20. Right to reject

        3. 21. Partial rejection of goods

        4. 22. Time limit for short-term right to reject

        5. 23. Right to repair or replacement

        6. 24. Right to price reduction or final right to reject

      4. Other rules about remedies under goods contracts

        1. 25. Delivery of wrong quantity

        2. 26. Instalment deliveries

        3. 27. Consignation, or payment into court, in Scotland

      5. Other rules about goods contracts

        1. 28. Delivery of goods

        2. 29. Passing of risk

        3. 30. Goods under guarantee

      6. Can a trader contract out of statutory rights and remedies under a goods contract?

        1. 31. Liability that cannot be excluded or restricted

        2. 32. Contracts applying law of non-EEA State

    3. Chapter 3

      Digital content

      1. What digital content contracts are covered?

        1. 33. Contracts covered by this Chapter

      2. What statutory rights are there under a digital content contract?

        1. 34. Digital content to be of satisfactory quality

        2. 35. Digital content to be fit for particular purpose

        3. 36. Digital content to be as described

        4. 37. Other pre-contract information included in contract

        5. 38. No other requirement to treat term about quality or fitness as included

        6. 39. Supply by transmission and facilities for continued transmission

        7. 40. Quality, fitness and description of content supplied subject to modifications

        8. 41. Trader’s right to supply digital content

      3. What remedies are there if statutory rights under a digital content contract are not met?

        1. 42. Consumer’s rights to enforce terms about digital content

        2. 43. Right to repair or replacement

        3. 44. Right to price reduction

        4. 45. Right to a refund

      4. Compensation for damage to device or to other digital content

        1. 46. Remedy for damage to device or to other digital content

      5. Can a trader contract out of statutory rights and remedies under a digital content contract?

        1. 47. Liability that cannot be excluded or restricted

    4. Chapter 4

      Services

      1. What services contracts are covered?

        1. 48. Contracts covered by this Chapter

      2. What statutory rights are there under a services contract?

        1. 49. Service to be performed with reasonable care and skill

        2. 50. Information about the trader or service to be binding

        3. 51. Reasonable price to be paid for a service

        4. 52. Service to be performed within a reasonable time

        5. 53. Relation to other law on contract terms

      3. What remedies are there if statutory rights under a services contract are not met?

        1. 54. Consumer’s rights to enforce terms about services

        2. 55. Right to repeat performance

        3. 56. Right to price reduction

      4. Can a trader contract out of statutory rights and remedies under a services contract?

        1. 57. Liability that cannot be excluded or restricted

    5. Chapter 5

      General and supplementary provisions

      1. 58. Powers of the court

      2. 59. Interpretation

      3. 60. Changes to other legislation

  2. Part 2

    Unfair terms

    1. What contracts and notices are covered by this Part?

      1. 61. Contracts and notices covered by this Part

    2. What are the general rules about fairness of contract terms and notices?

      1. 62. Requirement for contract terms and notices to be fair

      2. 63. Contract terms which may or must be regarded as unfair

      3. 64. Exclusion from assessment of fairness

      4. 65. Bar on exclusion or restriction of negligence liability

      5. 66. Scope of section 65

      6. 67. Effect of an unfair term on the rest of a contract

      7. 68. Requirement for transparency

      8. 69. Contract terms that may have different meanings

    3. How are the general rules enforced?

      1. 70. Enforcement of the law on unfair contract terms

    4. Supplementary provisions

      1. 71. Duty of court to consider fairness of term

      2. 72. Application of rules to secondary contracts

      3. 73. Disapplication of rules to mandatory terms and notices

      4. 74. Contracts applying law of non-EEA State

      5. 75. Changes to other legislation

      6. 76. Interpretation of Part 2

  3. Part 3

    Miscellaneous and General

    1. Miscellaneous

      1. 77. Investigatory powers etc

      2. 78. Amendment of weights and measures legislation regarding unwrapped
        bread

      3. 79. Enterprise Act 2002: enhanced consumer measures and other enforcement

      4. 80. Private actions in competition law

    2. General

      1. 81. Power to make consequential provision

      2. 82. Power to make transitional, transitory and saving provision

      3. 83. Financial provision

      4. 84. Extent

      5. 85. Commencement

      6. 86. Short title

    1. Schedule 1

      Amendments consequential on Part 1

    2. Schedule 2

      Consumer contract terms which may be regarded as unfair

      1. Part 1

        List of terms

      2. Part 2

        Scope of Part 1

    3. Schedule 3

      Enforcement of the law on unfair contract terms and notices

    4. Schedule 4

      Amendments consequential on Part 2

    5. Schedule 5

      Investigatory powers etc.

      1. Part 1

        Basic concepts

      2. Part 2

        The enforcer’s legislation

      3. Part 3

        Powers in relation to the production of information

      4. Part 4

        Further Powers exercisable by domestic enforcers and EU
        enforcers

      5. Part 5

        Provisions supplementary to Parts 3 and 4

      6. Part 6

        exercise of enforcement functions by area enforcers

    6. Schedule 6

      Investigatory powers: consequential amendments

    7. Schedule 7

      Enterprise Act 2002: enhanced consumer measures and other
      enforcement

    8. Schedule 8

      Private actions in competition law

      1. Part 1

        Competition Act 1998

      2. Part 2

        Enterprise Act 2002

      3. Part 3

        Courts and Legal Services Act 1990

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