Consumer Rights Act 2015

Where Part 1 applies

(1) This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement…

Key definitions

(1) These definitions apply in this Part (as well as the definitions in section 59). (2) “Trader” means a person acting for purposes relating to that person's…

Contracts covered by this Chapter

(1) This Chapter applies to a contract for a trader to supply goods to a consumer. (2) It applies only if the contract is one of these (defined for the…

Ownership of goods

(1) In this Chapter ownership of goods means the general property in goods, not merely a special property. (2) For the time when ownership of goods is…

Sales contracts

(1) A contract is a sales contract if under it— (a) the trader transfers or agrees to transfer ownership of goods to the consumer, and (b) the consumer pays or…

Contracts for the hire of goods

(1) A contract is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject…

Hire-purchase agreements

(1) A contract is a hire-purchase agreement if it meets the two conditions set out below. (2) The first condition is that under the contract goods are hired by…

Contracts for transfer of goods

A contract to supply goods is a contract for transfer of goods if under it the trader transfers or agrees to transfer ownership of the goods to the consumer…

Goods to be of satisfactory quality

(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory. (2) The quality of goods is satisfactory…

Goods to be fit for particular purpose

(1) Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication)…

Goods to be as described

(1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description. (2) If the supply is by…

Other pre-contract information included in contract

(1) This section applies to any contract to supply goods. (2) Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional…

Goods to match a sample

(1) This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is…

Goods to match a model seen or examined

(1) This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the…

Installation as part of conformity of the goods with the contract

(1) Goods do not conform to a contract to supply goods if— (a) installation of the goods forms part of the contract, (b) the goods are installed by the trader…

Goods not conforming to contract if digital content does not conform

(1) Goods (whether or not they conform otherwise to a contract to supply goods) do not conform to it if— (a) the goods are an item that includes digital…

Trader to have right to supply the goods etc

(1) Every contract to supply goods, except one within subsection (4), is to be treated as including a term— (a) in the case of a contract for the hire of…

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

(1) Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or…

Consumer's rights to enforce terms about goods

(1) In this section and sections 22 to 24 references to goods conforming to a contract are references to— (a) the goods conforming to the terms described in…

Right to reject

(1) The short-term right to reject is subject to section 22. (2) The final right to reject is subject to section 24. (3) The right to reject under section…

Partial rejection of goods

(1) If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the…

Time limit for short-term right to reject

(1) A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader…

Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)). (2) If the consumer requires the trader to repair…

Right to price reduction or final right to reject

(1) The right to a price reduction is the right— (a) to require the trader to reduce by an appropriate amount the price the consumer is required to pay under…

Delivery of wrong quantity

(1) Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer…

Instalment deliveries

(1) Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the…

Consignation, or payment into court, in Scotland

(1) Subsection (2) applies where— (a) a consumer has not rejected goods which the consumer could have rejected for breach of a term mentioned in section 19(3)…

Delivery of goods

(1) This section applies to any sales contract. (2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term…

Passing of risk

(1) A sales contract is to be treated as including the following provisions as terms. (2) The goods remain at the trader's risk until they come into the…

Goods under guarantee

(1) This section applies where— (a) there is a contract to supply goods, and (b) there is a guarantee in relation to the goods. (2) “Guarantee” here means an…

Liability that cannot be excluded or restricted

(1) A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under…

Contracts applying law of a country other than the UK

(1) If— (a) the law of a country or territory other than the United Kingdom or any part of the United Kingdom is chosen by the parties to be applicable to a…

Contracts covered by this Chapter

(1) This Chapter applies to a contract for a trader to supply digital content to a consumer, if it is supplied or to be supplied for a price paid by the…

Digital content to be of satisfactory quality

(1) Every contract to supply digital content is to be treated as including a term that the quality of the digital content is satisfactory. (2) The quality of…

Digital content to be fit for particular purpose

(1) Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by…

Digital content to be as described

(1) Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader…

Other pre-contract information included in contract

(1) This section applies to any contract to supply digital content. (2) Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and…

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

(1) Except as provided by sections 34 and 35, a contract to supply digital content is not to be treated as including any term about the quality of the digital…

Supply by transmission and facilities for continued transmission

(1) Subsection (2) applies where there is a contract to supply digital content and the consumer's access to the content on a device requires its transmission…

Quality, fitness and description of content supplied subject to modifications

(1) Where under a contract a trader supplies digital content to a consumer subject to the right of the trader or a third party to modify the digital content…

Trader's right to supply digital content

(1) Every contract to supply digital content is to be treated as including a term— (a) in relation to any digital content which is supplied under the contract…

Consumer's rights to enforce terms about digital content

(1) In this section and section 43 references to digital content conforming to a contract are references to the digital content conforming to the terms…

Right to repair or replacement

(1) This section applies if the consumer has the right to repair or replacement. (2) If the consumer requires the trader to repair or replace the digital…

Right to price reduction

(1) The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to…

Right to a refund

(1) The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject…

Remedy for damage to device or to other digital content

(1) This section applies if— (a) a trader supplies digital content to a consumer under a contract, (b) the digital content causes damage to a device or to…

Liability that cannot be excluded or restricted

(1) A term of a contract to supply digital content is not binding on the consumer to the extent that it would exclude or restrict the trader's liability…

Contracts covered by this Chapter

(1) This Chapter applies to a contract for a trader to supply a service to a consumer. (2) That does not include a contract of employment or apprenticeship…

Service to be performed with reasonable care and skill

(1) Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill. (2) See…

Information about the trader or service to be binding

(1) Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on…

Reasonable price to be paid for a service

(1) This section applies to a contract to supply a service if— (a) the consumer has not paid a price or other consideration for the service, (b) the contract…

Service to be performed within a reasonable time

(1) This section applies to a contract to supply a service, if— (a) the contract does not expressly fix the time for the service to be performed, and does not…

Relation to other law on contract terms

(1) Nothing in this Chapter affects any enactment or rule of law that imposes a stricter duty on the trader. (2) This Chapter is subject to any other enactment…

Consumer's rights to enforce terms about services

(1) The consumer's rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those are not inconsistent. (2)…

Right to repeat performance

(1) The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance…

Right to price reduction

(1) The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to…

Liability that cannot be excluded or restricted

(1) A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 49…

Powers of the court

(1) In any proceedings in which a remedy is sought by virtue of section 19(3) or (4), 42(2) or 54(3), the court, in addition to any other power it has, may act…

Interpretation

(1) These definitions apply in this Part (as well as the key definitions in section 2)— “conditional sales contract” has the meaning given in section 5(3)…

Changes to other legislation

Schedule 1 (amendments consequential on this Part) has effect.

Contracts and notices covered by this Part

(1) This Part applies to a contract between a trader and a consumer. (2) This does not include a contract of employment or apprenticeship. (3) A contract to…

Requirement for contract terms and notices to be fair

(1) An unfair term of a consumer contract is not binding on the consumer. (2) An unfair consumer notice is not binding on the consumer. (3) This does not…

Contract terms which may or must be regarded as unfair

(1) Part 1 of Schedule 2 contains an indicative and non-exhaustive list of terms of consumer contracts that may be regarded as unfair for the purposes of this…

Exclusion from assessment of fairness

(1) A term of a consumer contract may not be assessed for fairness under section 62 to the extent that— (a) it specifies the main subject matter of the…

Bar on exclusion or restriction of negligence liability

(1) A trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from…

Scope of section 65

(1) Section 65 does not apply to— (a) any contract so far as it is a contract of insurance, including a contract to pay an annuity on human life, or (b) any…

Effect of an unfair term on the rest of a contract

Where a term of a consumer contract is not binding on the consumer as a result of this Part, the contract continues, so far as practicable, to have effect in…

Requirement for transparency

(1) A trader must ensure that a written term of a consumer contract, or a consumer notice in writing, is transparent. (2) A consumer notice is transparent for…

Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail…

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) For provision…

Duty of court to consider fairness of term

(1) Subsection (2) applies to proceedings before a court which relate to a term of a consumer contract. (2) The court must consider whether the term is fair…

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…

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)…

Contracts applying law of a country other than the UK

(1) If— (a) the law of a country or territory other than the United Kingdom or any part of the United Kingdom is chosen by the parties to be applicable to a…

Changes to other legislation

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

Interpretation of Part 2

(1) In this Part— “consumer contract” has the meaning given by section 61(3); “consumer notice” has the meaning given by section 61(7); “transparent” is to be…

Investigatory powers etc

(1) Schedule 5 (investigatory powers etc) has effect. (2) Schedule 6 (investigatory powers: consequential amendments) has effect.

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 subsections…

Enterprise 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…

Contravention of code regulating premium rate services

(1) In section 120(3) of the Communications Act 2003 (conditions under section 120 must require compliance with directions given in accordance with an approved…

Private actions in competition law

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

Appointment of judges to the Competition Appeal Tribunal

(1) In section 12(2) of the Enterprise Act 2002 (constitution of the Competition Appeal Tribunal) after paragraph (a) insert— (aa) such judges as are nominated…

Duty of letting agents to publicise fees etc

— s. 83 — Duty of letting agents to publicise fees etc (1) A letting agent must, in accordance with this section, publicise details of the agent's relevant…

Letting agents to which the duty applies

(1) In this Chapter “letting agent” means a person who engages in letting agency work (whether or not that person engages in other work). (2) A person is not a…

Fees to which the duty applies

(1) In this Chapter “relevant fees”, in relation to a letting agent, means the fees, charges or penalties (however expressed) payable to the agent by a…

Letting agency work and property management work

(1) In this Chapter “letting agency work” means things done by a person in the course of a business in response to instructions received from— (a) a person (“a…

Enforcement of the duty

(1) It is the duty of every local weights and measures authority in England and Wales to enforce the provisions of this Chapter in its area. (1A) The duty in…

Supplementary provisions

(1) In this Chapter— “the appropriate national authority” means— in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers…

Qualifying institutions for the purposes of the student complaints scheme

(1) The Higher Education Act 2004 is amended as follows. (2) In section 11 (qualifying institutions for the purposes of the student complaints scheme) after…

Duty to provide information about tickets

(1) This section applies where a person (“the seller”) re-sells a ticket for a recreational, sporting or cultural event in the United Kingdom through a…

Prohibition on cancellation or blacklisting

(1) This section applies where a person (“the seller”) re-sells, or offers for re-sale, a ticket for a recreational, sporting or cultural event in the United…

Duty to report criminal activity

(1) This section applies where— (a) an operator of a secondary ticketing facility knows that a person has used or is using the facility in such a way that an…

Enforcement of this Chapter

(1) A local weights and measures authority in Great Britain may enforce the provisions of this Chapter in its area. (2) The Department of Enterprise, Trade and…

Duty to review measures relating to secondary ticketing

(1) The Secretary of State must— (a) review, or arrange for a review of, consumer protection measures applying to the re-sale of tickets for recreational…

Interpretation of this Chapter

(1) In this Chapter— “enforcement authority” has the meaning given by section 93(3); “operator”, in relation to a secondary ticketing facility, means a person…

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)…

Power to make transitional, transitory and saving provision

(1) The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force…

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…

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…

Commencement

(1) The provisions of this Act listed in subsection (2) come into force on the day on which this Act is passed. (2) Those provisions are— (a) section 48(5) to…

Short title

This Act may be cited as the Consumer Rights Act 2015.

Sch. 1 para. 1

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

Sch. 1 para. 2

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

Sch. 1 para. 3

(1) Section 10 (implied undertakings as to quality or fitness) is amended as follows. (2) Omit subsections (2D) to (2F). (3) Omit subsection (8).

Sch. 1 para. 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…

Sch. 1 para. 5

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

Sch. 1 para. 6

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

Sch. 1 para. 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— and a…

Sch. 1 para. 8

The Sale of Goods Act 1979 is amended as follows.

Sch. 1 para. 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…

Sch. 1 para. 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…

Sch. 1 para. 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…

Sch. 1 para. 12

In 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…

Sch. 1 para. 13

(1) Section 14 (implied terms about quality or fitness) is amended as follows. (2) Omit subsections (2D) to (2F). (3) After subsection (8) insert— (9) This…

Sch. 1 para. 14

In 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…

Sch. 1 para. 15

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

Sch. 1 para. 16

(1) Section 15B (remedies for breach of contract as respects Scotland) is amended as follows. (2) After subsection (1) insert— (1A) Subsection (1) does not…

Sch. 1 para. 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…

Sch. 1 para. 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 1 of the…

Sch. 1 para. 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)…

Sch. 1 para. 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 of the Consumer…

Sch. 1 para. 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…

Sch. 1 para. 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) This…

Sch. 1 para. 23

(1) Section 34 (buyer's right of examining the goods) is amended as follows. (2) At the beginning insert “ (1) ”. (3) At the end insert— (2) Nothing in this…

Sch. 1 para. 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…

Sch. 1 para. 25

In 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…

Sch. 1 para. 26

(1) Section 36 (buyer not bound to return rejected goods) is amended as follows. (2) At the beginning insert “ (1) ”. (3) At the end insert— (2) This section…

Sch. 1 para. 27

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

Sch. 1 para. 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…

Sch. 1 para. 29

In 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…

Sch. 1 para. 30

In section 53 (remedy for breach of warranty), after subsection (4) insert— (4A) This section does not apply to a contract to which Chapter 2 of Part 1 of the…

Sch. 1 para. 31

In section 53A (measure of damages as respects Scotland), after subsection (2) insert— (2A) This section does not apply to a contract to which Chapter 2 of…

Sch. 1 para. 32

(1) Section 54 (interest) 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…

Sch. 1 para. 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…

Sch. 1 para. 34

(1) Section 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…

Sch. 1 para. 35

(1) Section 61 (interpretation) is amended as follows. (2) In subsection (1) omit the following definitions— (a) “consumer contract”; (b) “producer”; (c)…

Sch. 1 para. 36

In section 62(2) (savings for rules of law etc), for “this Act” substitute “ legislation including this Act and the Consumer Rights Act 2015 ”.

Sch. 1 para. 37

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

Sch. 1 para. 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…

Sch. 1 para. 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 end insert…

Sch. 1 para. 40

In section 4 (implied terms about quality or fitness in contracts for transfer of goods) omit subsections (2B) to (2D).

Sch. 1 para. 41

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

Sch. 1 para. 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…

Sch. 1 para. 43

In section 9 (implied terms about quality or fitness in contracts for hire of goods) omit subsections (2B) to (2D).

Sch. 1 para. 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…

Sch. 1 para. 45

In section 11A (the contracts concerned: transfer of property in goods, as respects Scotland), in subsection (1) at the end insert “, and other than a contract…

Sch. 1 para. 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).

Sch. 1 para. 47

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

Sch. 1 para. 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…

Sch. 1 para. 49

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

Sch. 1 para. 50

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

Sch. 1 para. 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…

Sch. 1 para. 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).

Sch. 1 para. 53

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

Sch. 1 para. 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— “…

Sch. 1 para. 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) omit paragraph…

Sch. 2 para. 1

A 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…

Sch. 2 para. 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…

Sch. 2 para. 3

A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a…

Sch. 2 para. 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…

Sch. 2 para. 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…

Sch. 2 para. 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…

Sch. 2 para. 7

A term which has the object or effect of authorising the trader to dissolve the contract on a discretionary basis where the same facility is not granted to the…

Sch. 2 para. 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 there are…

Sch. 2 para. 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…

Sch. 2 para. 10

A 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…

Sch. 2 para. 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…

Sch. 2 para. 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…

Sch. 2 para. 13

A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or…

Sch. 2 para. 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…

Sch. 2 para. 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…

Sch. 2 para. 16

A 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…

Sch. 2 para. 17

A term which has the object or effect of limiting the trader's obligation to respect commitments undertaken by the trader's agents or making the trader's…

Sch. 2 para. 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…

Sch. 2 para. 19

A 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…

Sch. 2 para. 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 particular by—…

Sch. 2 para. 21

Paragraph 8 (cancellation without reasonable notice) does not include a term by which a supplier of financial services reserves the right to terminate…

Sch. 2 para. 22

Paragraph 11 (variation of contract without valid reason) does not include a term by which a supplier of financial services reserves the right to alter the…

Sch. 2 para. 23

Paragraphs 11 (variation of contract without valid reason), 12 (determination of characteristics of goods etc after consumer bound) and 14 (determination of…

Sch. 2 para. 24

Paragraphs 8 (cancellation without reasonable notice), 11 (variation of contract without valid reason), 14 (determination of price after consumer bound) and 15…

Sch. 2 para. 25

Paragraphs 14 (determination of price after consumer bound) and 15 (increase in price) do not include a term which is a price-indexation clause (where…

Sch. 3 para. 1

This Schedule applies to— (a) a term of a consumer contract, (b) a term proposed for use in a consumer contract, (c) a term which a third party recommends for…

Sch. 3 para. 2

(1) A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”). (2) If a regulator other than the CMA…

Sch. 3 para. 3

(1) A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that— (a) the person is using, or proposing…

Sch. 3 para. 4

(1) Before making an application under paragraph 3, a regulator other than the CMA must notify the CMA that it intends to do so. (2) The regulator may make the…

Sch. 3 para. 5

(1) On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it…

Sch. 3 para. 6

(1) A regulator may accept an undertaking from a person against whom it has applied, or thinks it is entitled to apply, for an injunction or interdict under…

Sch. 3 para. 7

(1) The CMA must arrange the publication of details of— (a) any application it makes for an injunction or interdict under paragraph 3, (b) any injunction or…

Sch. 3 para. 8

(1) In this Schedule “regulator” means— (a) the CMA, (b) the Department of Enterprise, Trade and Investment in Northern Ireland, (c) a local weights and…

Sch. 3 para. 9

In this Schedule— “the CMA” means the Competition and Markets Authority; “injunction” includes an interim injunction; “interdict” includes an interim interdict.

Sch. 3 para. 10

The functions of the Financial Conduct Authority under this Schedule are to be treated as functions of the Authority under the Financial Services and Markets…

Sch. 4 para. 1

(1) Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows. (2) At the beginning…

Sch. 4 para. 2

The Unfair Contract Terms Act 1977 is amended as follows.

Sch. 4 para. 3

In section 1(2) (scope of Part 1) for “to 4” substitute “, 3 ”.

Sch. 4 para. 4

In section 2 (negligence liability), after subsection (3) insert— (4) This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the…

Sch. 4 para. 5

(1) Section 3 (liability arising in contract) is amended as follows. (2) In subsection (1) omit “as consumer or”. (3) After subsection (2) insert— (3) This…

Sch. 4 para. 6

Omit section 4 (unreasonable indemnity clauses).

Sch. 4 para. 7

Omit section 5 (“guarantee” of consumer goods).

Sch. 4 para. 8

(1) Section 6 (sale and hire-purchase) is amended as follows. (2) After subsection (1) insert— (1A) Liability for breach of the obligations arising from— (a)…

Sch. 4 para. 9

(1) Section 7 (miscellaneous contracts under which goods pass) is amended as follows. (2) After subsection (1) insert— (1A) Liability in respect of the goods'…

Sch. 4 para. 10

Omit section 9 (effect of breach of contract).

Sch. 4 para. 11

Omit section 12 (“dealing as consumer”).

Sch. 4 para. 12

In section 13(1) (varieties of exemption clauses) for “and 5 to” substitute “, 6 and ”.

Sch. 4 para. 13

In section 14 (interpretation of Part 1), at the appropriate places insert— “consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see…

Sch. 4 para. 14

(1) Section 15 (scope of Part 2) is amended as follows. (2) In subsection (2) for “to 18” substitute “ and 17 ”. (3) In subsection (3)— (a) for “to 18”…

Sch. 4 para. 15

In section 16 (liability for breach of duty), after subsection (3) insert— (4) This section does not apply to— (a) a term in a consumer contract, or (b) a…

Sch. 4 para. 16

(1) Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows. (2) In the heading omit “consumer or”. (3) In…

Sch. 4 para. 17

Omit section 18 (unreasonable indemnity clauses in consumer contracts).

Sch. 4 para. 18

Omit section 19 (“guarantee” of consumer goods).

Sch. 4 para. 19

(1) Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows. (2) After subsection (1) insert— (1A) Any term of a…

Sch. 4 para. 20

(1) Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows. (2) In subsection (1), for paragraphs (a) and (b)…

Sch. 4 para. 21

Omit section 22 (consequence of breach of contract).

Sch. 4 para. 22

(1) Section 25 (interpretation of Part 2) is amended as follows. (2) In subsection (1)— (a) omit the definition of “consumer”, (b) for the definition of…

Sch. 4 para. 23

In section 26(2) (international supply contracts) omit “or 4”.

Sch. 4 para. 24

(1) Section 27 (choice of law clauses) is amended as follows. (2) In subsection (2)— (a) omit “(either or both)”, and (b) omit paragraph (b) and the “or”…

Sch. 4 para. 25

Omit section 28 (temporary provision for sea carriage of passengers).

Sch. 4 para. 26

(1) Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows. (2) In the heading, for “to 4” substitute “, 3 ”. (3) In paragraph 1, for “to 4”…

Sch. 4 para. 27

In Schedule 2 (“guidelines” for application of reasonableness test), for “6(3), 7(3) and (4),” substitute “ 6(1A), 7(1A) and (4), ”.

Sch. 4 para. 28

(1) Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows. (2) In paragraph 17—…

Sch. 4 para. 29

In section 184 of the Merchant Shipping Act 1995 (application of Schedule 6 to carriage within British Islands) omit subsection (2).

Sch. 4 para. 30

The Arbitration Act 1996 is amended as follows.

Sch. 4 para. 31

(1) Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows. (2) In subsection (1), for “the Unfair Terms…

Sch. 4 para. 32

For section 90 (regulations apply where consumer is a legal person) substitute— Part applies where consumer is a legal person 90 The Part applies where the…

Sch. 4 para. 33

In section 91(1) (arbitration agreement unfair where modest amount sought) for “Regulations” substitute “ Part ”.

Sch. 4 para. 34

The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.

Sch. 4 para. 35

In Schedule 15 to the Enterprise Act 2002 (enactments for the purposes of which disclosures may be made), at the end insert— “ Schedule 3 to the Consumer…

Sch. 4 para. 36

The Companies Act 2006 is amended as follows.

Sch. 4 para. 37

(1) Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows. (2) In paragraph 25— (a)…

Sch. 4 para. 38

(1) Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows. (2) In paragraph 39, for paragraph…

Sch. 4 para. 39

In consequence of the amendments made by this Schedule— (a) omit paragraph 19(b) of Schedule 2 to the Sale of Goods Act 1979, and (b) in paragraph 21 of that…

Sch. 5 para. 1

(1) This Schedule confers investigatory powers on enforcers and specifies the purposes for which and the circumstances in which those powers may be exercised…

Sch. 5 para. 2

(1) In this Schedule “enforcer” means— (a) a domestic enforcer, (b) … (c) a public designated enforcer, or (d) an unfair contract terms enforcer. (2) But in…

Sch. 5 para. 3

(1) In this Schedule “domestic enforcer” means— (a) the Competition and Markets Authority, (b) a local weights and measures authority in Great Britain, (c) a…

Sch. 5 para. 5

In this Schedule “public designated enforcer” means a person or body which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the…

Sch. 5 para. 6

In this Schedule “unfair contract terms enforcer” means a person or body which— (a) is for the time being listed in paragraph 8(1) of Schedule 3 (persons or…

Sch. 5 para. 7

(1) In this Schedule “officer”, in relation to an enforcer, means— (a) an inspector appointed by the enforcer to exercise powers under this Schedule, or…

Sch. 5 para. 8

In this Schedule— ... “document” includes information recorded in any form; “enforcement order” means an order under section 156 of the Digital Markets…

Sch. 5 para. 9

(1) In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means— (a) legislation or notices which, by virtue of a provision listed…

Sch. 5 para. 10

The duties and powers mentioned in paragraph 9(1)(a) are those arising under any of the following provisions— section 26(1) or 40(1)(b) of the Trade…

Sch. 5 para. 11

Here is the table mentioned in paragraph 9(1)(b)— Enforcer Legislation A local weights and measures authority in Great Britain or the Department of Enterprise…

Sch. 5 para. 12

(1) The Secretary of State may by order made by statutory instrument— (a) amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any…

Sch. 5 para. 13

(1) An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances…

Sch. 5 para. 14

An enforcer or an officer of an enforcer may give notice to a person requiring the person to provide the enforcer with the information specified in the notice.

Sch. 5 para. 15

(1) A notice under paragraph 14 must be in writing and specify the purpose for which the information is required. (2) If the purpose is to enable a person to…

Sch. 5 para. 16

(1) If a person fails to comply with a notice under paragraph 14, the enforcer or an officer of the enforcer may make an application under this paragraph to…

Sch. 5 para. 16A

(1) This paragraph applies where— (a) an enforcer or an officer of an enforcer has given a notice to a person (“the respondent”) under paragraph 14, and (b)…

Sch. 5 para. 16B

(1) This paragraph applies where— (a) the CMA has given a notice to a person (“the respondent”) under paragraph 14, and (b) the CMA has reasonable grounds to…

Sch. 5 para. 16C

(1) This paragraph applies where— (a) the CMA has given to the respondent a provisional enforcement notice under paragraph 16B in respect of a notice given to…

Sch. 5 para. 16D

(1) A person to whom a final enforcement notice is given may appeal to the appropriate court against— (a) a decision to impose a monetary penalty by virtue of…

Sch. 5 para. 16E

(1) This paragraph applies where a penalty imposed by a final enforcement notice given under paragraph 16C, or any part of such a penalty, has not been paid by…

Sch. 5 para. 16F

(1) The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C. (2) The statement must…

Sch. 5 para. 16G

(1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time carries interest…

Sch. 5 para. 16H

(1) References to “turnover” of a person in paragraphs 16A and 16C include— (a) turnover both in and outside the United Kingdom; (b) where the person controls…

Sch. 5 para. 16I

(1) The Secretary of State may by regulations amend the following provisions of this Schedule for the purpose of substituting a different monetary amount for…

Sch. 5 para. 16J

(1) The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to…

Sch. 5 para. 17

(1) This paragraph applies if a person provides information in response to a notice under paragraph 14. (2) This includes information contained in a document…

Sch. 5 para. 17A

(1) This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14. (2) The power is exercisable so as to— (a)…

Sch. 5 para. 17B

(1) This paragraph applies in relation to a notice given to a person under this Part of this Schedule. (2) The notice may be given by— (a) delivering it to the…

Sch. 5 para. 18

In its application in relation to— (a) an enforcer acting for a purpose within paragraph 13(2) or (3), or (b) an enforcer acting for the purpose of…

Sch. 5 para. 19

(1) A domestic enforcer may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in…

Sch. 5 para. 20

(1) Any power in this Part of this Schedule which is conferred on an authorised enforcer may be exercised by such an enforcer only for the purposes and in the…

Sch. 5 para. 20A

The enactments referred to in paragraph 20(8) are the following— Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those…

Sch. 5 para. 21

(1) An officer of an enforcer may— (a) make a purchase of a product, or (b) enter into an agreement to secure the provision of a product. (2) For the purposes…

Sch. 5 para. 22

(1) An officer of an enforcer may enter premises to which the public has access in order to observe the carrying on of a business on those premises. (2) The…

Sch. 5 para. 23

(1) An officer of an enforcer may enter premises at any reasonable time. (2) Sub-paragraph (1) does not authorise the entry into premises used wholly or mainly…

Sch. 5 para. 24

Paragraphs 25 to 31 apply if an officer of an enforcer has entered any premises under the power in paragraph 23(1) or under a warrant under paragraph 32.

Sch. 5 para. 25

(1) The officer may inspect any product on the premises. (2) The power in sub-paragraph (3) is also available to an officer of a domestic enforcer acting…

Sch. 5 para. 26

(1) An officer of a domestic enforcer may test any weighing or measuring equipment— (a) which is, or which the officer has reasonable cause to believe may be…

Sch. 5 para. 27

(1) The officer may, at any reasonable time— (a) require a trader occupying the premises, or a person on the premises acting on behalf of such a trader, to…

Sch. 5 para. 28

(1) The officer may seize and detain goods other than documents (for which see paragraph 29). (2) An officer seizing goods under this paragraph from premises…

Sch. 5 para. 29

(1) The officer may seize and detain documents. (2) An officer seizing documents under this paragraph from premises which are occupied must produce evidence of…

Sch. 5 para. 30

(1) The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting pursuant to the duty in regulation 52(1)(a)(ii) or (b)(ii) of the…

Sch. 5 para. 30A

(1) The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting pursuant to— (a) the duty in regulation 61(1A) or (1B) of the…

Sch. 5 para. 31

(1) The officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30A, require a person with authority to do so to— (a) break open any…

Sch. 5 para. 32

(1) A justice of the peace may issue a warrant authorising an officer of an enforcer to enter premises if satisfied, on written information on oath given by…

Sch. 5 para. 33

(1) A warrant under paragraph 32 authorises an officer of the enforcer to enter the premises at any reasonable time, using reasonable force if necessary. (2) A…

Sch. 5 para. 34

(1) If an officer of an enforcer has entered premises under the power in paragraph 23(1) or under a warrant under paragraph 32, the officer may require any…

Sch. 5 para. 35

In this Part of this Schedule— “goods” has the meaning given by section 2(8); “occupier”, in relation to premises, means any person an officer of an enforcer…

Sch. 5 para. 36

(1) A person commits an offence if the person— (a) intentionally obstructs an enforcer or an officer of an enforcer who is exercising or seeking to exercise a…

Sch. 5 para. 37

(1) A person who is not an officer of an enforcer commits an offence if the person purports to act as such under Part 3 or 4 of this Schedule. (2) A person who…

Sch. 5 para. 38

(1) This paragraph applies where anything seized by an officer of an enforcer under Part 4 of this Schedule is detained by the enforcer. (2) If a request for…

Sch. 5 para. 39

(1) Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a domestic enforcer under paragraph 21 are submitted to a test and as a result— (a)…

Sch. 5 para. 40

(1) This paragraph applies where goods or documents are being detained as the result of the exercise of a power in Part 4 of this Schedule. (2) A person with…

Sch. 5 para. 41

(1) This paragraph applies where an officer of an enforcer has seized and detained goods under Part 4 of this Schedule for a purpose within paragraph 19(5)(a)…

Sch. 5 para. 42

In this Part of this Schedule “goods” does not include a document.

Sch. 5 para. 43

In this Part, “area enforcer” means— (a) a local weights and measures authority in Great Britain, (b) a district council in England, or (c) a district council…

Sch. 5 para. 44

(1) Sub-paragraphs (3) to (6) apply in relation to an area enforcer's exercise, in accordance with this Schedule, of a power in Part 3 or 4 of this Schedule…

Sch. 5 para. 45

(1) Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under— (a) Chapter 3 of Part 3 of the Digital…

Sch. 5 para. 46

(1) A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales…

Sch. 6 para. 1

(1) Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended as follows. (2) Omit subsection (1). (3) Before subsection (2) insert— (1A) For…

Sch. 6 para. 2

The Trade Descriptions Act 1968 is amended as follows.

Sch. 6 para. 3

In section 26 (enforcing authorities) after subsection (1) insert— (1A) For the investigatory powers available to a local weights and measures authority for…

Sch. 6 para. 4

Omit section 27 (power to make test purchases).

Sch. 6 para. 5

Omit section 28 (power to enter premises and inspect and seize goods and documents).

Sch. 6 para. 6

Omit section 29 (obstruction of authorised officers).

Sch. 6 para. 7

Omit section 30 (notice of test and intended prosecution).

Sch. 6 para. 8

Omit section 33 (compensation for loss, etc of goods seized under section 28).

Sch. 6 para. 9

(1) Section 40 (provisions as to Northern Ireland) is amended as follows. (2) In subsection (1), omit paragraph (c). (3) After subsection (1) insert— (1A) For…

Sch. 6 para. 10

(1) Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as follows. (2) After subsection (2) insert— (2A) For the investigatory powers…

Sch. 6 para. 11

(1) The Schedule to the Prices Act 1974 (enforcement) is amended as follows. (2) Omit paragraphs 3, 7, 9 and 10. (3) In paragraph 14(1) omit “and paragraph 10…

Sch. 6 para. 12

The Consumer Credit Act 1974 is amended as follows.

Sch. 6 para. 13

In section 161 (enforcement authorities), after subsection (1A) insert— (1B) For the investigatory powers available to a local weights and measures authority…

Sch. 6 para. 14

Omit section 162 (powers of entry and inspection).

Sch. 6 para. 15

Omit section 163 (compensation for loss).

Sch. 6 para. 16

Omit section 164 (power to make test purchases etc).

Sch. 6 para. 17

Omit section 165 (obstruction of authorised officers).

Sch. 6 para. 18

In Schedule 1 (prosecution and punishment of offences) omit the entries for sections 162(6), 165(1) and 165(2).

Sch. 6 para. 19

The Estate Agents Act 1979 is amended as follows.

Sch. 6 para. 20

In section 3(1)(cb) (power to make orders prohibiting unfit persons from doing estate agency work: failure to comply with section 9(1) or 11(1A)(b)) for…

Sch. 6 para. 21

In section 9 (information for the lead enforcement authority) omit subsections (1) to (4).

Sch. 6 para. 22

Omit section 11 (powers of entry and inspection).

Sch. 6 para. 23

Omit section 11A (failure to produce information).

Sch. 6 para. 24

In section 26 (enforcement authorities), after subsection (1) insert— (1A) For the investigatory powers available to an authority for the purposes of the duty…

Sch. 6 para. 25

Omit section 27 (obstruction and personation of authorised officers).

Sch. 6 para. 26

(1) Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is amended as follows. (2) For “section 9 of this Act” substitute “ paragraph 14 of…

Sch. 6 para. 27

(1) Section 16A of the Video Recordings Act 1984 (enforcement) is amended as follows. (2) Omit subsections (1A), (1B) and (2). (3) In subsection (4)— (a) for…

Sch. 6 para. 28

The Weights and Measures Act 1985 is amended as follows.

Sch. 6 para. 29

In section 38(2) (special powers of inspectors with respect to certain goods) for “section 79 below” substitute “ Schedule 5 to the Consumer Rights Act 2015 ”.

Sch. 6 para. 30

Omit section 42 (power to make test purchases).

Sch. 6 para. 31

Omit section 79 (general powers of inspection and entry).

Sch. 6 para. 32

Before section 80 insert— Investigatory powers 79A For the investigatory powers available to a local weights and measures authority for the purposes of the…

Sch. 6 para. 33

In section 80 omit “or the packaged goods regulations”.

Sch. 6 para. 34

In section 81(1)(b) (failure to provide assistance or information) omit “or under this Part of this Act”.

Sch. 6 para. 35

(1) Section 84 (penalties) is amended as follows. (2) In subsection (2), after the entry for section 20(8) insert— section 80; section 81(1); section 81(2)…

Sch. 6 para. 36

In paragraph 21(2)(b) of Schedule 11 (application of provisions applying to inspectors to persons authorised under the Weights and Measures Act 1963) omit “and…

Sch. 6 para. 37

The Consumer Protection Act 1987 is amended as follows.

Sch. 6 para. 38

In section 27 (enforcement) after subsection (3) insert— (3A) For the investigatory powers available to a person for the purposes of the duty imposed by…

Sch. 6 para. 39

Omit section 28 (test purchases).

Sch. 6 para. 40

(1) Section 29 (powers of search etc) is amended as follows. (2) In subsection (1) for “any of the powers conferred by the following provisions of this…

Sch. 6 para. 41

(1) Section 30 (provisions supplemental to section 29) is amended as follows. (2) In subsection (1)— (a) for “29” substitute “ 29(4) ”, and (b) omit “or…

Sch. 6 para. 42

In section 31(1) (power of customs officer to detain goods) for “or under this Part” substitute “ section 29(4) of this Act or Schedule 5 to the Consumer…

Sch. 6 para. 43

In section 32(1) (obstruction of authorised officer)— (a) in paragraph (a)— (i) for “any provision of this Part” substitute “ section 29(4) ”, and (ii) for “so…

Sch. 6 para. 44

In section 33(1) (appeals against detention of goods) for “any provision of this Part” substitute “ section 29(4) ”.

Sch. 6 para. 45

In section 34(1) (compensation for seizure and detention) for “29” substitute “ 29(4) ”.

Sch. 6 para. 46

In section 44(4) (service of documents)— (a) omit “28(2) or”, and (b) omit “purchased or” in each place.

Sch. 6 para. 47

(1) Section 215 of the Education Reform Act 1988 (unrecognised degrees: enforcement) is amended as follows. (2) After that section insert— (1A) For the…

Sch. 6 para. 48

The Copyright, Designs and Patents Act 1988 is amended as follows.

Sch. 6 para. 49

(1) Section 107A (enforcement of section 107 by local weights and measures authority) is amended as follows. (2) Omit subsection (2). (3) In subsection (3)…

Sch. 6 para. 50

(1) Section 198A (enforcement of section 198 by local weights and measures authority) is amended as follows. (2) Omit subsection (2). (3) In subsection (3)…

Sch. 6 para. 51

The Clean Air Act 1993 is amended as follows.

Sch. 6 para. 52

(1) Section 30 (regulations about motor fuel) is amended as follows. (2) Omit subsection (5). (3) Before subsection (6) insert— (5A) For the investigatory…

Sch. 6 para. 53

In section 31 (regulations about sulphur content of oil fuel for furnaces or engines) after subsection (4) insert— (4A) For the investigatory powers available…

Sch. 6 para. 54

In section 32(4) (powers of entry not to apply in relation to persons in the public service of the Crown) for “sections 56 to 58 (rights of entry and…

Sch. 6 para. 55

In section 49(1) (unjustified disclosures of information) after “this Act” insert “ or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2015…

Sch. 6 para. 56

In section 56 (rights of entry and inspection etc) after subsection (6) insert— (7) This section does not apply in relation to— (a) a function conferred on a…

Sch. 6 para. 57

In section 58(1) (power of local authorities to obtain information)— (a) omit “IV or”, and (b) for “those Parts” substitute “ that Part ”.

Sch. 6 para. 58

(1) Part 1 of Schedule 2 to the Sunday Trading Act 1994 (general enforcement provisions) is amended as follows. (2) Omit paragraphs 3 and 4. (3) Before…

Sch. 6 para. 59

(1) Section 93 of the Trade Marks Act 1994 (enforcement function of local weights and measures authority) is amended as follows. (2) Omit subsection (2). (3)…

Sch. 6 para. 60

(1) Section 8A of the Olympic Symbol etc (Protection) Act 1995 is amended as follows. (2) Omit subsection (2). (3) In subsection (3) omit paragraph (b) and the…

Sch. 6 para. 61

The Criminal Justice and Police Act 2001 is amended as follows.

Sch. 6 para. 62

In section 57(1) (retention of seized items)— (a) omit paragraphs (d), (g) and (pa), and (b) after paragraph (r) insert— (s) paragraphs 28(7) and 29(8) of…

Sch. 6 para. 63

(1) Section 65 (meaning of legal privilege) is amended as follows. (2) Omit subsections (6) and (8A). (3) Before subsection (9) insert— (8B) An item which is…

Sch. 6 para. 64

In section 66(4) (construction of references to a search)— (a) omit paragraphs (a), (c), (d), (e), (f), (g), (ma), (q), (r) and (s), (b) in paragraph (h) for…

Sch. 6 para. 65

(1) Part 1 of Schedule 1 (powers to which section 50 applies) is amended as follows. (2) Omit— (a) paragraph 9, (b) paragraph 16, (c) paragraph 18, (d)…

Sch. 6 para. 66

(1) Part 1 of Schedule 2 (application of enactments) is amended as follows. (2) Omit paragraphs 1, 4B, 4C, 5, 7, 9B and 9C. (3) In paragraph 3 for “29” in each…

Sch. 6 para. 67

The Enterprise Act 2002 is amended as follows.

Sch. 6 para. 68

Omit section 224 (power of CMA to require the provision of information).

Sch. 6 para. 69

Omit section 225 (power of other enforcer to require the provision of information).

Sch. 6 para. 70

Omit section 226 (procedure for notices requiring information).

Sch. 6 para. 71

Omit section 227 (enforcement of notices).

Sch. 6 para. 72

Omit section 227A (power to enter premises without warrant).

Sch. 6 para. 73

Omit section 227B (powers exercisable on the premises).

Sch. 6 para. 74

Omit section 227C (power to enter premises with warrant).

Sch. 6 para. 75

Omit section 227D (ancillary provisions about powers of entry).

Sch. 6 para. 76

Omit section 227E (obstructing, or failing to co-operate with, powers of entry).

Sch. 6 para. 77

Omit section 227F (retention of documents and goods).

Sch. 6 para. 78

Before section 228 (but after the italic heading “Miscellaneous”) insert— Investigatory powers 223A For the investigatory powers available to enforcers for the…

Sch. 6 para. 79

In section 228 (evidence) omit subsection (4).

Sch. 6 para. 80

In section 236 (application of Part 8 to Crown) omit subsection (2).

Sch. 6 para. 81

In Schedule 14 (specified functions for the purposes of Part 9 restrictions on disclosure), at the end insert— “ Paragraph 13(2), (3) or (7) of Schedule 5 to…

Sch. 6 para. 82

(1) Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows. (2) In subsection (2)— (a) omit paragraph (a), and (b) in paragraph (b), for…

Sch. 6 para. 83

(1) Section 3 of the Christmas Day (Trading) Act 2004 (enforcement) is amended as follows. (2) Omit subsection (3). (3) Before subsection (4) insert— (3A) For…

Sch. 6 para. 84

(1) Section 107 of the Financial Services Act 2012 (power to make further provision about regulation of consumer credit) is amended as follows. (2) In…

Sch. 6 para. 85

In consequence of the amendments made by this Schedule, the following are repealed or revoked— (a) section 16(2)(b) of the Price Commission Act 1977; (b)…

Sch. 7 para. 1

Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation) is amended as follows.

Sch. 7 para. 2

In section 210 (consumers), omit subsection (5).

Sch. 7 para. 3

(1) Section 211 (domestic infringements) is amended as follows. (2) In subsection (1)(c), omit “in the United Kingdom”. (3) After subsection (1) insert— (1A)…

Sch. 7 para. 4

In section 213(5A) (CPC enforcers), for paragraph (i) substitute— (i) an enforcement authority within the meaning of section 120(15) of the Communications Act…

Sch. 7 para. 5

(1) Section 214 (consultation) is amended as follows. (2) In subsection (4)(a), after “14 days” insert “ or, where subsection (4A) applies, 28 days ”. (3)…

Sch. 7 para. 6

In section 217 (enforcement orders), after subsection (10) insert— (10A) An enforcement order may require a person against whom the order is made to take…

Sch. 7 para. 7

In section 219 (undertakings), after subsection (5) insert— (5ZA) An undertaking under this section may include a further undertaking by the person— (a) to…

Sch. 7 para. 8

After section 219 insert— Definition of enhanced consumer measures 219A (1) In this Part, enhanced consumer measures are measures (not excluded by subsection…

Sch. 7 para. 9

(1) Section 220 (further proceedings) is amended as follows. (2) After subsection (1) insert— (1A) This section does not apply in the case of a failure to…

Sch. 7 para. 10

In section 229 (advice and information), after subsection (1) insert— (1A) As soon as is reasonably practicable after the commencement of Schedule 5 to the…

Sch. 8 para. 1

The Competition Act 1998 is amended in accordance with this Part.

Sch. 8 para. 2

For the heading of Chapter 4 of Part 1, substitute “ Appeals, proceedings before the Tribunal and settlements relating to infringements of competition law ”.

Sch. 8 para. 3

For the cross-heading preceding section 46, substitute “ Appeals and proceedings before the Tribunal ”.

Sch. 8 para. 4

(1) For section 47A substitute— Proceedings before the Tribunal: claims for damages etc. 47A (1) A person may make a claim to which this section applies in…

Sch. 8 para. 5

(1) For section 47B substitute— Collective proceedings before the Tribunal 47B (1) Subject to the provisions of this Act and Tribunal rules, proceedings may be…

Sch. 8 para. 6

After section 47B (as substituted by paragraph 5) insert— Collective proceedings: damages and costs 47C (1) The Tribunal may not award exemplary damages in…

Sch. 8 para. 7

After section 47C (inserted by paragraph 6) insert— Proceedings under section 47A or collective proceedings: injunctions etc. 47D (1) An injunction granted by…

Sch. 8 para. 8

(1) After section 47D (inserted by paragraph 7) insert— Limitation or prescriptive periods for proceedings under section 47A and collective proceedings 47E (1)…

Sch. 8 para. 9

(1) Section 49 (further appeals) is amended in accordance with this paragraph. (2) In subsection (1)— (a) at the end of paragraph (a) insert “ and ”, and (b)…

Sch. 8 para. 10

(1) After section 49 insert— Settlements relating to infringements of competition law Collective settlements: where a collective proceedings order has been…

Sch. 8 para. 11

(1) After section 49A (inserted by paragraph 10) insert— Collective settlements: where a collective proceedings order has not been made 49B (1) The Tribunal…

Sch. 8 para. 12

After section 49B (inserted by paragraph 11) insert— Approval of redress schemes by the CMA 49C (1) A person may apply to the CMA for approval of a redress…

Sch. 8 para. 13

(1) Section 58 (findings of fact by CMA) is amended in accordance with this paragraph. (2) In subsection (1), after “the court” insert “ or the Tribunal ”. (3)…

Sch. 8 para. 14

(1) For section 58A substitute— Infringement decisions 58A (1) This section applies to a claim in respect of an infringement decision which is brought in…

Sch. 8 para. 15

(1) Section 59 (interpretation of Part 1) is amended in accordance with this paragraph. (2) In subsection (1), at the appropriate places insert— “class member”…

Sch. 8 para. 16

In section 71 (regulations, orders and rules), after subsection (4)(ca) insert— (cb) section 47C(7), .

Sch. 8 para. 17

(1) Schedule 8 (appeals) is amended in accordance with this paragraph. (2) In paragraph 2(1), for “46 or 47” substitute “ 46, 47 or 49D(3) ”. (3) After…

Sch. 8 para. 18

The Enterprise Act 2002 is amended in accordance with this Part.

Sch. 8 para. 19

(1) Section 14 (constitution of Tribunal for particular proceedings and its decisions) is amended as follows. (2) In subsection (1), after “before it” insert…

Sch. 8 para. 20

In section 15 (Tribunal rules), in subsection (1), at the end insert “, including proceedings relating to the approval of a collective settlement under section…

Sch. 8 para. 21

In section 16 (transfers of certain proceedings to and from Tribunal), in subsection (5), for “High Court or the Court of Session of” substitute “ court of all…

Sch. 8 para. 22

Schedule 4 (Tribunal: procedure) is amended in accordance with the following paragraphs of this Part.

Sch. 8 para. 23

In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a) substitute— (a) state the reasons for the decision; (aa) state whether the decision was…

Sch. 8 para. 24

After paragraph 1 insert— Enforcement of injunctions in England and Wales and Northern Ireland 1A (1) Where a person (“A”) fails to comply with an injunction…

Sch. 8 para. 25

In each of paragraphs 4(c) and 5(1)(c)— (a) for “47B(6)” substitute “ 47C(3) or (4) ”; and (b) for “specified body concerned” substitute “ representative in…

Sch. 8 para. 26

In paragraph 6— (a) for sub-paragraph (a) substitute— (a) awards damages to a person in respect of a claim made or continued on behalf of that person (but is…

Sch. 8 para. 27

In paragraph 7— (a) for “specified body” substitute “ representative ”; and (b) for “individual” substitute “ person ”.

Sch. 8 para. 28

In paragraph 9— (a) the existing provision is numbered as sub-paragraph (1), and (b) after that provision insert— (2) In this Schedule, where a paragraph is…

Sch. 8 para. 29

In paragraph 11(2), for paragraph (a) substitute— (a) make further provision as to procedural aspects of the operation of the limitation or prescriptive…

Sch. 8 para. 30

For paragraph 13 substitute— 13 (1) Tribunal rules may provide for the Tribunal— (a) to reject a claim made under section 47A of the 1998 Act or a section 47B…

Sch. 8 para. 31

After paragraph 15 insert— Fast-track procedure 15A (1) Tribunal rules may make provision in relation to a fast-track procedure for claims made in proceedings…

Sch. 8 para. 32

In paragraph 17 (conduct of the hearing)— (a) … (b) in sub-paragraph (2)— (i) for “an individual” substitute “ a person ”; and (ii) for “that individual”…

Sch. 8 para. 33

After paragraph 20 insert— Stay or sist of proceedings 20A (1) In relation to proceedings in England and Wales or Northern Ireland under section 47A or 47B of…

Sch. 8 para. 34

After paragraph 21 insert— Injunctions 21A Tribunal rules may make provision in relation to the grant of injunctions (including interim injunctions) in…

Sch. 8 para. 35

In paragraph 23(3), for “an individual” substitute “ a person ”.

Sch. 8 para. 36

In paragraph 25, after “transfer of” insert “ all or any part of ”.

Sch. 8 para. 37

In the Courts and Legal Services Act 1990, in section 58AA (damages-based agreements), after subsection (10) insert— (11) Subsection (1) is subject to section…

Sch. 9 para. 1

(1) Before imposing a financial penalty on a letting agent for a breach of a duty imposed by or under section 83, a local weights and measures authority must…

Sch. 9 para. 2

The letting agent may, within the period of 28 days beginning with the day after that on which the notice of intent was sent, make written representations to…

Sch. 9 para. 3

(1) After the end of the period mentioned in paragraph 2 the local weights and measures authority must— (a) decide whether to impose a financial penalty on the…

Sch. 9 para. 4

(1) A local weights and measures authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of…

Sch. 9 para. 5

(1) A letting agent on whom a final notice is served may appeal against that notice to— (a) the First-tier Tribunal, in the case of a notice served by a local…

Sch. 9 para. 6

(1) This paragraph applies if a letting agent does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the agent is…

Sch. 10 para. 1

(1) Before imposing a financial penalty on a person for a breach of a duty or prohibition imposed by Chapter 5 of Part 3, an enforcement authority must serve a…

Sch. 10 para. 2

A person on whom a notice of intent is served may, within the period of 28 days beginning with the day after that on which the notice was sent, make written…

Sch. 10 para. 3

(1) After the end of the period mentioned in paragraph 2 the enforcement authority must— (a) decide whether to impose a financial penalty on the person, and…

Sch. 10 para. 4

(1) The enforcement authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or…

Sch. 10 para. 5

(1) A person on whom a final notice is served may appeal against that notice— (a) in England and Wales and Scotland, to the First-tier Tribunal; (b) in…

Sch. 10 para. 6

(1) This paragraph applies if a person does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable…