73 Disapplication of rules to mandatory terms and notices

(1) This Part does not apply to a term of a contract, or to a notice, to the extent that
it reflects—

(a) mandatory statutory or regulatory provisions, or

(b) 5the provisions or principles of an international convention to which the
United Kingdom or the EU is a party.

(2) In subsection (1) “mandatory statutory or regulatory provisions” includes rules
which, according to law, apply between the parties on the basis that no other
arrangements have been established.

74 10Contracts applying law of non-EEA State

(1) If—

(a) the law of a country or territory other than an EEA State is chosen by
the parties to be applicable to a consumer contract, but

(b) the consumer contract has a close connection with the United Kingdom,

15this Part applies despite that choice.

(2) For cases where the law applicable has not been chosen or the law of an EEA
State is chosen, see Regulation (EC) No. 593/2008 of the European Parliament
and of the Council of 17 June 2008 on the law applicable to contractual
obligations.

75 20Changes to other legislation

Schedule 4 (amendments consequential on this Part) has effect.

76 Interpretation of Part 2

(1) In this Part—

• “consumer contract” has the meaning given by section 61(3);

• 25“consumer notice” has the meaning given by section 61(7);

• “transparent” is to be construed in accordance with sections 64(3) and
  68(2).

(2) The following have the same meanings in this Part as they have in Part 1—

• “trader” (see section 2(2));

• 30“consumer” (see section 2(3));

• “goods” (see section 2(8));

• “digital content” (see section 2(9)).

(3) Section 2(4) (trader who claims an individual is not a consumer must prove it)
applies in relation to this Part as it applies in relation to Part 1.

Part 3 Miscellaneous and General

Miscellaneous

77 Investigatory powers etc

(1) 5Schedule 5 (investigatory powers etc) has effect.

(2) Schedule 6 (investigatory powers: consequential amendments) has effect.

78 Amendment of weights and measures legislation regarding unwrapped bread

(1) In the Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/
659), Schedule 5 (application to bread) is amended in accordance with
10subsections (2) and (3).

(2) For paragraph 9 substitute—

“9 Regulation 9(1)(b)(ii) (duty to keep records) does not apply to bread
which is sold unwrapped or in open packs.”

(3) After paragraph 13 insert—

15“Transitional provision

14 (1) Regulation 9(1)(b)(ii) (duty to keep records) does not apply to a
packer who holds a notice of exemption which is in force.

(2) A “notice of exemption” means a notice issued under paragraph 9 as
it stood before section 78 of the Consumer Rights Act 2014 came into
20force.”

(4) The use of this Act to make amendments to the Weights and Measures
(Packaged Goods) Regulations 2006 has no effect on the availability of any
power in the Weights and Measures Act 1985 to amend or revoke those
Regulations, including the provision substituted by subsection (2) and that
25inserted by subsection (3).

(5) In the Weights and Measures (Packaged Goods) Regulations (Northern
Ireland) 2011 (SR 2011/331SR 2011/331), Schedule 5 (application to bread) is amended in
accordance with subsections (6) and (7).

(6) For paragraph 9 substitute—

“9 30Regulation 9(1)(b)(ii) (duty to keep records) does not apply to bread
which is sold unwrapped or in open packets.”

(7) After paragraph 13 insert—

“Transitional provision

14 (1) Regulation 9(1)(b)(ii) (duty to keep records) does not apply to a
35packer who holds a notice of exemption which is in force.

(2) A “notice of exemption” means a notice issued under paragraph 9 as
it stood before section 78 of the Consumer Rights Act 2014 came into
force.”

(8) The use of this Act to make amendments to the Weights and Measures
5(Packaged Goods) Regulations (Northern Ireland) 2011 has no effect on the
availability of any power in the Weights and Measures (Northern Ireland)
Order 1981 (SI 1981/231 (NI 10)SI 1981/231 (NI 10)) to amend or revoke those Regulations,
including the provision substituted by subsection (6) and that inserted by
subsection (7).

79 10Enterprise Act 2002: enhanced consumer measures and other enforcement

(1) Schedule 7 contains amendments of Part 8 of the Enterprise Act 2002
(enforcement of certain consumer legislation).

(2) The amendments have effect only in relation to conduct which occurs, or which
is likely to occur, after the commencement of this section.

80 15Private actions in competition law

Schedule 8 (private actions in competition law) has effect.

General

81 Power to make consequential provision

(1) The Secretary of State may by order made by statutory instrument make
20provision in consequence of this Act.

(2) The power conferred by subsection (1) includes power—

(a) to amend, repeal, revoke or otherwise modify any provision made by
an enactment or an instrument made under an enactment (including an
enactment passed or instrument made in the same Session as this Act);

(b) 25to make transitional, transitory or saving provision.

(3) A statutory instrument containing (whether alone or with other provision) an
order under this section which amends, repeals or revokes any provision of
primary legislation is not to be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(4) 30A statutory instrument containing an order under this section which does not
amend, repeal or revoke any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act
  35of the National Assembly for Wales and Northern Ireland legislation;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  40Northern Ireland legislation.

82 Power to make transitional, transitory and saving provision

The Secretary of State may by order made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act.

83 5Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenses incurred by a Minister of the Crown or a government department
under this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act
10out of money so provided.

84 Extent

(1) The amendment, repeal or revocation of any provision by this Act has the same
extent as the provision concerned.

(2) Section 27 extends only to Scotland.

(3) 15Subject to that this Act extends to England and Wales, Scotland and Northern
Ireland.

85 Commencement

(1) Sections 81, 82, 83 and 84, this section and section 86 come into force on the day
on which this Act is passed.

(2) 20The other provisions of this Act come into force on such day as the Secretary of
State may appoint by order made by statutory instrument.

(3) An order under this section may appoint different days for different purposes.

86 Short title

This Act may be cited as the Consumer Rights Act 2014.

SCHEDULES

Section 60

SCHEDULE 1 Amendments consequential on Part 1

Supply of Goods (Implied Terms) Act 1973 (c. 13)Supply of Goods (Implied Terms) Act 1973 (c. 13)

1 5The Supply of Goods (Implied Terms) Act 1973 is amended as follows.

2 For “hire-purchase agreement” (or “hire purchase agreement”) in each place,
except in section 15(1), substitute “relevant hire-purchase agreement”.

3 (1) Section 10 (implied undertakings as to quality or fitness) is amended as
follows.

(2) 10Omit subsections (2D) to (2F).

(3) Omit subsection (8).

4 (1) Section 11A (modification of remedies for breach of statutory condition in
non-consumer cases) is amended as follows.

(2) In subsection (1) omit “then, if the person to whom the goods are bailed does
15not deal as consumer,”.

(3) In subsection (3), for paragraph (b) substitute—

“(b) that the agreement was a relevant hire-purchase agreement.”

(4) Omit subsection (4).

5 In section 12A (remedies for breach of hire-purchase agreement as respects
20Scotland) omit subsections (2) and (3).

6 Omit section 14 (special provision as to conditional sale agreements).

7 (1) Section 15 (supplementary) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “hire-purchase agreement” at the end insert—

• 25“and a hire-purchase agreement is relevant if it is not
  a contract to which Chapter 2 of Part 1 of the
  Consumer Rights Act 2014 applies;”, and

(b) omit the definition of “producer”.

(3) Omit subsection (3).

30Sale of Goods Act 1979 (c. 54)Sale of Goods Act 1979 (c. 54)

8 The Sale of Goods Act 1979 is amended as follows.

9 In section 1 (contracts to which Act applies), after subsection (4) insert—

“(5) Certain sections or subsections of this Act do not apply to a contract
to which Chapter 2 of Part 1 of the Consumer Rights Act 2014
applies.

(6) 5Where that is the case it is indicated in the section concerned.”

10 In section 11 (when condition to be treated as warranty), after subsection (4)
insert—

“(4A) Subsection (4) does not apply to a contract to which Chapter 2 of Part
1 of the Consumer Rights Act 2014 applies (but see the provision
10made about such contracts in sections 19 to 22 of that Act).”

11 In section 12 (implied terms about title etc), after subsection (6) insert—

“(7) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 17 of that Act).”

12 15In section 13 (sale by description), after subsection (4) insert—

“(5) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 11 of that Act).”

13 (1) Section 14 (implied terms about quality or fitness) is amended as follows.

(2) 20Omit subsections (2D) to (2F).

(3) After subsection (8) insert—

“(9) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in sections 9, 10 and 18 of that Act).”

14 25In section 15 (sale by sample), after subsection (4) insert—

“(5) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in sections 13 and 18 of that Act).”

15 In section 15A (modification of remedies for breach of condition in non-
30consumer cases), in subsection (1) omit “then, if the buyer does not deal as
consumer,”.

16 (1) Section 15B (remedies for breach of contract as respects Scotland) is
amended as follows.

(2) After subsection (1) insert—

“(1A) 35Subsection (1) does not apply to a contract to which Chapter 2 of Part
1 of the Consumer Rights Act 2014 applies (but see the provision
made about such contracts in sections 19 to 22 of that Act).”

(3) Omit subsection (2).

17 (1) In section 20 (passing of risk), for subsection (4) substitute—

“(4) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 29 of that Act).”

(2) 5The marginal note “Passing of risk” substituted by the Sale and Supply of
Goods to Consumers Regulations 2002 (SI 2002/3045SI 2002/3045) is not affected by the
revocation of those Regulations by this Schedule.

18 In section 29 (rules about delivery), after subsection (3) insert—

“(3A) Subsection (3) does not apply to a contract to which Chapter 2 of Part
101 of the Consumer Rights Act 2014 applies (but see the provision
made about such contracts in section 28 of that Act).”

19 (1) Section 30 (delivery of wrong quantity) is amended as follows.

(2) In subsection (2A) omit “who does not deal as consumer”.

(3) After subsection (5) insert—

“(6) 15This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 25 of that Act).”

20 In section 31 (instalment deliveries) after subsection (2) insert—

“(3) This section does not apply to a contract to which Chapter 2 of Part 1
20of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 26 of that Act).”

21 In section 32 (delivery to carrier), for subsection (4) substitute—

“(4) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
25about such contracts in section 29 of that Act).”

22 (1) Section 33 (risk where goods are delivered at distant place) is amended as
follows.

(2) At the beginning insert “(1)”.

(3) At the end insert—

“(2) 30This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 29 of that Act).”

23 (1) Section 34 (buyer’s right to examine the goods) is amended as follows.

(2) At the beginning insert “(1)”.

(3) 35After the subsection (1) so formed insert—

“(2) Nothing in this section affects the operation of section 22 (time limit
for short-term right to reject) of the Consumer Rights Act 2014.”

24 (1) Section 35 (acceptance) is amended as follows.

(2) Omit subsection (3).

(3) After subsection (8) insert—

“(9) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 21 of that Act).”

25 5In section 35A (right of partial rejection), after subsection (4) insert—

“(5) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 21 of that Act).”

26 (1) Section 36 (buyer not bound to return rejected goods) is amended as follows.

(2) 10At the beginning insert “(1)”.

(3) At the end insert—

“(2) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 20 of that Act).”

27 15Omit Part 5A (additional rights of buyer in consumer cases).

28 In section 51 (damages for non-delivery), after subsection (3) insert—

“(4) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 19 of that Act).”

29 20In section 52 (specific performance), after subsection (4) insert—

“(5) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 19 of that Act).”

30 In section 53 (remedy for breach of warranty), after subsection (4) insert—

“(4A) 25This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 19 of that Act).”

31 In section 53A (measure of damages as respects Scotland), after subsection
(2) insert—

“(2A) 30This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 19 of that Act).”

32 (1) Section 54 (interest) is amended as follows.

(2) At the beginning insert “(1)”.

(3) 35At the end insert—

“(2) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
about such contracts in section 19 of that Act).”

33 In section 55 (exclusion of implied terms), after subsection (1) insert—

“(1A) Subsection (1) does not apply to a contract to which Chapter 2 of Part
1 of the Consumer Rights Act 2014 applies (but see the provision
made about such contracts in section 31 of that Act).”

34 (1) 5Section 58 (payment into court in Scotland) is amended as follows.

(2) At the beginning insert “(1)”.

(3) At the end insert—

“(2) This section does not apply to a contract to which Chapter 2 of Part 1
of the Consumer Rights Act 2014 applies (but see the provision made
10about such contracts in section 27 of that Act).”

35 (1) Section 61(1) (interpretation) is amended as follows.

(2) In subsection (1) omit the following definitions—

(a) “consumer contract”;

(b) “repair”;

(c) 15“producer”.

(3) Omit subsection (5A).

36 In section 62(2) (saving for rules of law), for “this Act” substitute “legislation
including this Act and the Consumer Rights Act 2014”.

Supply of Goods and Services Act 1982

37 20The Supply of Goods and Services Act 1982 is amended as follows.

38 In each place—

(a) for “contract for the transfer of goods” substitute “relevant contract
for the transfer of goods”;

(b) for “contract for the hire of goods” substitute “relevant contract for
25the hire of goods”;

(c) for “contract for the supply of a service” substitute “relevant contract
for the supply of a service”.

39 In section 1 (the contracts concerned: transfer of property in goods, as
respects England and Wales and Northern Ireland), in subsection (1) at the
30end insert “, and other than a contract to which Chapter 2 of Part 1 of the
Consumer Rights Act 2014 applies.”

40 In section 4 (implied terms about quality or fitness) omit subsections (2B) to
(2D).

41 In section 5A (modification of remedies for breach of statutory condition in
35non-consumer cases), in subsection (1) omit “then, if the transferee does not
deal as consumer,”.

42 In section 6 (the contracts concerned: hire of goods, as respects England and
Wales and Northern Ireland), in subsection (1) at the end insert “, and other
than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2014
40applies.”

43 In section 9 (implied terms about quality or fitness) omit subsections (2B) to
(2D).

44 In section 10A (modification of remedies for breach of statutory condition in
non-consumer cases) in subsection (1) omit “then, if the bailee does not deal
as consumer,”.

45 In section 11A (the contracts concerned: transfer of property in goods, as
5respects Scotland), in subsection (1) at the end insert “, and other than a
contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2014
applies.”

46 In section 11D (implied terms about quality or fitness in contracts for
transfer of property in goods) omit subsections (3A) to (3C) and (10).

47 10In section 11F (remedies for breach of contract) omit subsections (2) and (3).

48 In section 11G (the contracts concerned: hire of goods, as respects Scotland),
in subsection (1) at the end insert “, and other than a contract to which
Chapter 2 of Part 1 of the Consumer Rights Act 2014 applies.”

49 In section 11J (implied terms about quality or fitness in contracts for hire of
15goods) omit subsections (3A) to (3C) and (10).

50 Omit Part 1B (additional rights of transferee in consumer cases).

51 In section 12 (the contracts concerned: supply of services, as respects
England and Wales and Northern Ireland), in subsection (1) at the end insert
“, other than a contract to which Chapter 4 of Part 1 of the Consumer Rights
20Act 2014 applies.”

52 (1) Section 18 (interpretation: general) is amended as follows.

(2) In subsection (1) omit the definitions of “repair” and “producer”.

(3) Omit subsection (4).

Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045S.I. 2002/3045)

53 25The Sale and Supply of Goods to Consumers Regulations 2002 are revoked.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)2008 (c. 13)

54 In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008
(enactments specified for the purposes of Part 1), at the appropriate place
insert—

• 30“Consumer Rights Act 2014, Part 1”.

Section 63

SCHEDULE 2 Consumer contract terms which may be regarded as unfair

Part 1 List of terms

1 35A term which has the object or effect of excluding or limiting the trader’s
liability in the event of the death of or personal injury to the consumer
resulting from an act or omission of the trader.

2 A term which has the object or effect of inappropriately excluding or limiting
the legal rights of the consumer in relation to the trader or another party in
40the event of total or partial non-performance or inadequate performance by
the trader of any of the contractual obligations, including the option of
offsetting a debt owed to the trader against any claim which the consumer
may have against the trader.

3 A term which has the object or effect of making an agreement binding on the
45consumer in a case where the provision of services by the trader is subject to
a condition whose realisation depends on the trader’s will alone.

4 A term which has the object or effect of permitting the trader to retain sums
paid by the consumer where the consumer decides not to conclude or
perform the contract, without providing for the consumer to receive
50compensation of an equivalent amount from the trader where the trader is
the party cancelling the contract.

5 A term which has the object or effect of requiring that, where the consumer
decides not to conclude or perform the contract, the consumer must pay the
trader a disproportionately high sum in compensation or for services which
55have not been supplied.

6 A term which has the object or effect of requiring a consumer who fails to
fulfil his obligations under the contract to pay a disproportionately high sum
in compensation.

7 A term which has the object or effect of authorising the trader to dissolve the
60contract on a discretionary basis where the same facility is not granted to the
consumer, or permitting the trader to retain the sums paid for services not
yet supplied by the trader where it is the trader who dissolves the contract.

8 A term which has the object or effect of enabling the trader to terminate a
contract of indeterminate duration without reasonable notice except where
65there are serious grounds for doing so.

9 A term which has the object or effect of automatically extending a contract
of fixed duration where the consumer does not indicate otherwise, when the
deadline fixed for the consumer to express a desire not to extend the contract
is unreasonably early.

10 70A term which has the object or effect of irrevocably binding the consumer to
terms with which the consumer has had no real opportunity of becoming
acquainted before the conclusion of the contract.

11 A term which has the object or effect of enabling the trader to alter the terms
of the contract unilaterally without a valid reason which is specified in the
75contract.

12 A term which has the object or effect of permitting the trader to determine
the characteristics of the subject matter of the contract after the consumer has
become bound by it.

13 A term which has the object or effect of enabling the trader to alter
80unilaterally without a valid reason any characteristics of the goods, digital
content or services to be provided.

14 A term which has the object or effect of giving the trader the discretion to
decide the price payable under the contract after the consumer has become
bound by it, where no price or method of determining the price is agreed
85when the consumer becomes bound.

15 A term which has the object or effect of permitting a trader to increase the
price of goods, digital content or services without giving the consumer the
right to cancel the contract if the final price is too high in relation to the price
agreed when the contract was concluded.

16 90A term which has the object or effect of giving the trader the right to
determine whether the goods, digital content or services supplied are in
conformity with the contract, or giving the trader the exclusive right to
interpret any term of the contract.

17 A term which has the object or effect of limiting the trader’s obligation to
95respect commitments undertaken by the trader’s agents or making the
trader’s commitments subject to compliance with a particular formality.

18 A term which has the object or effect of obliging the consumer to fulfil all of
the consumer’s obligations where the trader does not perform the trader’s
obligations.

19 100A term which has the object or effect of allowing the trader to transfer the
trader’s rights and obligations under the contract, where this may reduce the
guarantees for the consumer, without the consumer’s agreement.

20 A term which has the object or effect of excluding or hindering the
consumer’s right to take legal action or exercise any other legal remedy, in
105particular by—

(a) requiring the consumer to take disputes exclusively to arbitration
not covered by legal provisions,

(b) unduly restricting the evidence available to the consumer, or

(c) imposing on the consumer a burden of proof which, according to the
110applicable law, should lie with another party to the contract.

Part 2 Scope of Part 1

Financial services

21 Paragraph 8 (cancellation without reasonable notice) does not include a term
115by which a supplier of financial services reserves the right to terminate
unilaterally a contract of indeterminate duration without notice where there
is a valid reason, if the supplier is required to inform the consumer of the
cancellation immediately.