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Table of Contents

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Consumer Rights Act 2015 (c. 15)Introductory TextPart 1 Consumer contracts for goods, digital content and services (ss. 1-60)Chapter 1 Introduction (ss. 1-2)1. Where Part 1 applies2. Key definitionsChapter 2 Goods (ss. 3-32)What goods contracts are covered? (ss. 3-8)3. Contracts covered by this Chapter4. Ownership of goods5. Sales contracts6. Contracts for the hire of goods7. Hire-purchase agreements8. Contracts for transfer of goodsWhat statutory rights are there under a goods contract? (ss. 9-18)9. Goods to be of satisfactory quality10. Goods to be fit for particular purpose11. Goods to be as described12. Other pre-contract information included in contract13. Goods to match a sample14. Goods to match a model seen or examined15. Installation as part of conformity of the goods with the contract16. Goods not conforming to contract if digital content does not conform17. Trader to have right to supply the goods etc18. No other requirement to treat term about quality or fitness as includedWhat remedies are there if statutory rights under a goods contract are not met? (ss. 19-24)19. Consumer's rights to enforce terms about goods20. Right to reject21. Partial rejection of goods22. Time limit for short-term right to reject23. Right to repair or replacement24. Right to price reduction or final right to rejectOther rules about remedies under goods contracts (ss. 25-27)25. Delivery of wrong quantity26. Instalment deliveries27. Consignation, or payment into court, in ScotlandOther rules about goods contracts (ss. 28-30)28. Delivery of goods29. Passing of risk30. Goods under guaranteeCan a trader contract out of statutory rights and remedies under a goods contract? (ss. 31-32)31. Liability that cannot be excluded or restricted32. Contracts applying law of a country other than the UKChapter 3 Digital content (ss. 33-47)What digital content contracts are covered? (s. 33)33. Contracts covered by this ChapterWhat statutory rights are there under a digital content contract? (ss. 34-41)34. Digital content to be of satisfactory quality35. Digital content to be fit for particular purpose36. Digital content to be as described37. Other pre-contract information included in contract38. No other requirement to treat term about quality or fitness as included39. Supply by transmission and facilities for continued transmission40. Quality, fitness and description of content supplied subject to modifications41. Trader's right to supply digital contentWhat remedies are there if statutory rights under a digital content contract are not met? (ss. 42-45)42. Consumer's rights to enforce terms about digital content43. Right to repair or replacement44. Right to price reduction45. Right to a refundCompensation for damage to device or to other digital content (s. 46)46. Remedy for damage to device or to other digital contentCan a trader contract out of statutory rights and remedies under a digital content contract? (s. 47)47. Liability that cannot be excluded or restrictedChapter 4 Services (ss. 48-57)What services contracts are covered? (s. 48)48. Contracts covered by this ChapterWhat statutory rights are there under a services contract? (ss. 49-53)49. Service to be performed with reasonable care and skill50. Information about the trader or service to be binding51. Reasonable price to be paid for a service52. Service to be performed within a reasonable time53. Relation to other law on contract termsWhat remedies are there if statutory rights under a services contract are not met? (ss. 54-56)54. Consumer's rights to enforce terms about services55. Right to repeat performance56. Right to price reductionCan a trader contract out of statutory rights and remedies under a services contract? (s. 57)57. Liability that cannot be excluded or restrictedChapter 5 General and Supplementary Provisions (ss. 58-60)58. Powers of the court59. Interpretation60. Changes to other legislationPart 2 Unfair terms (ss. 61-76)What contracts and notices are covered by this Part? (s. 61)61. Contracts and notices covered by this PartWhat are the general rules about fairness of contract terms and notices? (ss. 62-69)62. Requirement for contract terms and notices to be fair63. Contract terms which may or must be regarded as unfair64. Exclusion from assessment of fairness65. Bar on exclusion or restriction of negligence liability66. Scope of section 6567. Effect of an unfair term on the rest of a contract68. Requirement for transparency69. Contract terms that may have different meaningsHow are the general rules enforced? (s. 70)70. Enforcement of the law on unfair contract termsSupplementary provisions (ss. 71-76)71. Duty of court to consider fairness of term72 Application of rules to secondary contracts73. Disapplication of rules to mandatory terms and notices74. Contracts applying law of a country other than the UK75. Changes to other legislation76. Interpretation of Part 2Part 3 Miscellaneous and General (ss. 77-101)Chapter 1 Enforcement Etc. (ss. 77-80)77. Investigatory powers etc78. Amendment of weights and measures legislation regarding unwrapped bread79. Enterprise Act 2002: enhanced consumer measures and other enforcement80. Contravention of code regulating premium rate servicesChapter 2 Competition (ss. 81-82)81. Private actions in competition law82. Appointment of judges to the Competition Appeal TribunalChapter 3 Duty of Letting Agents to Publicise fees etc (ss. 83-88)83. Duty of letting agents to publicise fees etc84. Letting agents to which the duty applies85. Fees to which the duty applies86. Letting agency work and property management work87. Enforcement of the duty88. Supplementary provisionsChapter 4 Student Complaints Scheme (s. 89)89. Qualifying institutions for the purposes of the student complaints schemeChapter 5 Secondary ticketing (ss. 90-95)90. Duty to provide information about tickets91. Prohibition on cancellation or blacklisting92. Duty to report criminal activity93. Enforcement of this Chapter94. Duty to review measures relating to secondary ticketing95. Interpretation of this ChapterChapter 6 General (ss. 96-101)96. Power to make consequential provision97. Power to make transitional, transitory and saving provision98. Financial provision99. Extent100. Commencement101. Short titleSchedule 1 Amendments consequential on Part 1Schedule 2 Consumer contract terms which may be regarded as unfairSchedule 2, Part 1 List of terms (paras. 1-20)Schedule 2, Part 2 Scope of Part 1 (paras. 21-25)Schedule 3 Enforcement of the law on unfair contract terms and noticesSchedule 4 Amendments consequential on Part 2Schedule 5 Investigatory powers etc.Schedule 5, Part 1 Basic concepts (paras. 1-8)Schedule 5, Part 2 The enforcer's legislation (paras. 9-12)Schedule 5, Part 3 Powers in relation to the production of information (paras. 13-18)Schedule 5, Part 4 Further powers exercisable by domestic enforcers and authorised enforcers (paras. 19-35)Schedule 5, Part 5 Provisions supplementary to Parts 3 and 4 (paras. 36-42)Schedule 5, Part 6 Exercise of enforcement functions by area enforcers (paras. 43-46)Schedule 6 Investigatory powers: consequential amendmentsSchedule 7 Enterprise Act 2002: enhanced consumer measures and other enforcementSchedule 8 Private actions in competition lawSchedule 8, Part 1 Competition Act 1998 (paras. 1-17)Schedule 8, Part 2 Enterprise Act 2002 (paras. 18-36)Schedule 8, Part 3 Courts and Legal Services Act 1990 (para. 37)Schedule 9 Duty of letting agents to publicise fees: financial penaltiesSchedule 10 Secondary ticketing: financial penalties
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 16 October 2015 - onwards
Version 3 of 3

Schedule 3 Enforcement of the law on unfair contract terms and notices

Section 70

Application of Schedule

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 use in a consumer contract, or

(d) a consumer notice.

Consideration of complaints

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 intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3) If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

Application for injunction or interdict

3

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