Previous Next

Contents page 1-9 10-24 25-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-118 120-124 Last page

Consumer Rights BillPage 40

How are the general rules enforced?

70 Enforcement of the law on unfair contract terms

(1) Schedule 3 confers functions on the Competition and Markets Authority and
other regulators in relation to the enforcement of this Part.

(2) 5For provision about the investigatory powers that are available to those
regulators for the purposes of that Schedule, see Schedule 5.

Supplementary provisions

71 Duty of court to consider fairness of term

(1) Subsection (2) applies to proceedings before a court which relate to a term of a
10consumer contract.

(2) The court must consider whether the term is fair even if none of the parties to
the proceedings has raised that issue or indicated that it intends to raise it.

(3) But subsection (2) does not apply unless the court considers that it has before
it sufficient legal and factual material to enable it to consider the fairness of the
15term.

72 Application of rules to secondary contracts

(1) This section applies if a term of a contract (“the secondary contract”) reduces
the rights or remedies or increases the obligations of a person under another
contract (“the main contract”).

(2) 20The term is subject to the provisions of this Part that would apply to the term
if it were in the main contract.

(3) It does not matter for the purposes of this section—

(a) whether the parties to the secondary contract are the same as the parties
to the main contract, or

(b) 25whether the secondary contract is a consumer contract.

(4) This section does not apply if the secondary contract is a settlement of a claim
arising under the main contract.

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
30it reflects—

(a) mandatory statutory or regulatory provisions, or

(b) the 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
35which, according to law, apply between the parties on the basis that no other
arrangements have been established.

Consumer Rights BillPage 41

74 Contracts 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) 5the consumer contract has a close connection with the United Kingdom,

this 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
10obligations.

75 Changes to other legislation

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

76 Interpretation of Part 2

(1) In this Part—

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

(3) Section 2(4) (trader who claims an individual is not a consumer must prove it)
25applies in relation to this Part as it applies in relation to Part 1.

Part 3 Miscellaneous and General

Miscellaneous

77 Investigatory powers etc

(1) 30Schedule 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
35subsections (2) and (3).

Consumer Rights BillPage 42

(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—

5Transitional 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
10force.

(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
15inserted 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 20Regulation 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
25packer 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
30(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 35Enterprise 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.

Consumer Rights BillPage 43

80 Private actions in competition law

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

General

81 Power to make consequential provision

(1) 5The Secretary of State may by order made by statutory instrument make
provision 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
10enactment passed or instrument made in the same Session as this Act);

(b) to 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
15laid before, and approved by a resolution of, each House of Parliament.

(4) A 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—

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
30force of any provision of this Act.

83 Financial 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) 35any increase attributable to this Act in the sums payable under any
other Act out 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.

Consumer Rights BillPage 44

(2) Section 27 extends only to Scotland.

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

85 Commencement

(1) 5Sections 81, 82, 83 and 84, this section and section 86 come into force on the day
on which this Act is passed.

(2) The 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 10Short title

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

Consumer Rights BillPage 45

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—

(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.

Consumer Rights BillPage 46

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).

Consumer Rights BillPage 47

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) 35At the end 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).

Consumer Rights BillPage 48

(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).

Consumer Rights BillPage 49

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) “producer”;

(c) 15“repair”.

(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).

Previous Next

Contents page 1-9 10-24 25-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-118 120-124 Last page