(8) A statutory instrument containing regulations made by the Secretary of State
under this Chapter other than one to which subsection (6) applies is subject to
annulment in pursuance of a resolution of either House of Parliament.

(9) A statutory instrument containing regulations made by the Welsh Ministers
5under this Chapter other than one to which subsection (7) applies is subject to
annulment in pursuance of a resolution of the National Assembly for Wales.

(10) Regulations under this Chapter—

(a) may make different provision for different purposes;

(b) may make provision generally or in relation to specific cases.

(11) 10Regulations under this Chapter may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

CHAPTER 4 Student complaints scheme

89 Qualifying institutions for the purposes of the student complaints scheme

(1) The Higher Education Act 2004 is amended as follows.

(2) 15In section 11 (qualifying institutions for the purposes of the student complaints
scheme) after paragraph (d) insert—

“(e) an institution (other than one within another paragraph of this
section) which provides higher education courses which are
designated for the purposes of section 22 of the 1998 Act by or
20under regulations under that section;

(f) an institution (other than one within another paragraph of this
section) whose entitlement to grant awards is conferred by an
order under section 76(1) of the 1992 Act.”

(3) In section 12 (qualifying complaints for the purposes of the student complaints
25scheme)—

(a) in subsection (1) for “subsection (2)” substitute “subsections (2) and
(3)”, and

(b) after subsection (2) insert—

“(3) The designated operator may determine that a complaint
30within subsection (1) about an act or omission of a qualifying
institution within paragraph (e) or (f) of section 11 is a
qualifying complaint only if it is made by a person who is
undertaking or has undertaken a particular course or a course
of a particular description.”

CHAPTER 5 35General

90 Power to make consequential provision

(1) The 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
enactment passed or instrument made in the same Session as this Act);

(b) 5to 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, revokes or otherwise modifies
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
10of Parliament.

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

(5) 15In this section—

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

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  20an Act of the Scottish Parliament,

  (c)

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

  (d)

  Northern Ireland legislation.

91 Power to make transitional, transitory and saving provision

(1) The Secretary of State may by order made by statutory instrument make
25transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act other than the coming into force of Chapter

3

or 4 of this Part in relation to Wales.

(2) 30The Welsh Ministers may by order made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of Chapter

3

or 4 of this Part in relation to Wales.

92 35Financial 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
40other Act out of money so provided.

93 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) 45Chapter

3

of this Part extends only to England and Wales.

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

94 Commencement

(1) The provisions of this Act listed in subsection (2) come into force on the day on
5which this Act is passed.

(2) Those provisions are—

(a) section 49(5) to (8),

(b) Chapter

3

10 of this Part in so far as it confer powers to make regulations,

(c) section 88(5) to (11),

(d) this Chapter, and

(e) paragraph 12 of Schedule 5.

(3) Chapters

153

and 4 of this Part come into force—

(a) in relation to England, on such day as the Secretary of State may
appoint by order made by statutory instrument;

(b) in relation to Wales, on such day as the Welsh Ministers may appoint
20by order made by statutory instrument.

(4) 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.

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

95 Short title

25This Act may be cited as the Consumer Rights Act 2014.

SCHEDULES

Section 61

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) 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).

(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) “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 (c. 29)1982 (c. 29)

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 “producer” and “repair”.

(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”.

Consequential repeal and revocation

55 In consequence of the amendments made by this Schedule—

(a) omit paragraph 5(9) of Schedule 2 to the Sale and Supply of Goods
Act 1994, and

(b) 35omit paragraph 97 of Schedule 2 to the Consumer Protection from
Unfair Trading Regulations 2008 (SI 2008/1277SI 2008/1277).

Section 64

SCHEDULE 2 Consumer contract terms which may be regarded as unfair

Part 1 List of terms

1 5A 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
10the 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
15consumer 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
20compensation 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
25have 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
30contract 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
35there 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.