- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/04/2024)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 29/04/2024.
Consumer Rights Act 2015, SCHEDULE 4 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 75
1(1)Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.U.K.
(2)At the beginning insert “ (1) ”.
(3)At the end insert—
“(2)This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).”
Commencement Information
I1Sch. 4 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
2U.K.The Unfair Contract Terms Act 1977 is amended as follows.
Commencement Information
I2Sch. 4 para. 2 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I3Sch. 4 para. 2 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
3U.K.In section 1(2) (scope of Part 1) for “to 4” substitute “ , 3 ”.
Commencement Information
I4Sch. 4 para. 3 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I5Sch. 4 para. 3 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
4U.K.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 extent that it is a consumer notice,
(but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).”
Commencement Information
I6Sch. 4 para. 4 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I7Sch. 4 para. 4 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
5(1)Section 3 (liability arising in contract) is amended as follows.U.K.
(2)In subsection (1) omit “as consumer or”.
(3)After subsection (2) insert—
“(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).”
Commencement Information
I8Sch. 4 para. 5 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I9Sch. 4 para. 5 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
6U.K.Omit section 4 (unreasonable indemnity clauses).
Commencement Information
I10Sch. 4 para. 6 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I11Sch. 4 para. 6 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
7U.K.Omit section 5 (“guarantee” of consumer goods).
Commencement Information
I12Sch. 4 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
8(1)Section 6 (sale and hire-purchase) is amended as follows.U.K.
(2)After subsection (1) insert—
“(1A)Liability for breach of the obligations arising from—
(a)section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);
(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),
cannot be excluded or restricted by reference to a contract term except in so far as the term satisfies the requirement of reasonableness.”
(3)Omit subsections (2) and (3).
(4)After subsection (4) insert—
“(5)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).”
Commencement Information
I13Sch. 4 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
9(1)Section 7 (miscellaneous contracts under which goods pass) is amended as follows.U.K.
(2)After subsection (1) insert—
“(1A)Liability in respect of the goods' correspondence with description or sample, or their quality or fitness for any particular purpose, cannot be excluded or restricted by reference to such a term except in so far as the term satisfies the requirement of reasonableness.”
(3)Omit subsections (2) and (3).
(4)After subsection (4) insert—
“(4A)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).”
Commencement Information
I14Sch. 4 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
10U.K.Omit section 9 (effect of breach of contract).
Commencement Information
I15Sch. 4 para. 10 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I16Sch. 4 para. 10 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
11U.K.Omit section 12 (“dealing as consumer”).
Commencement Information
I17Sch. 4 para. 11 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I18Sch. 4 para. 11 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
12U.K.In section 13(1) (varieties of exemption clauses) for “and 5 to” substitute “ , 6 and ”.
Commencement Information
I19Sch. 4 para. 12 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I20Sch. 4 para. 12 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
13U.K.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 section 61);”;
““consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);”.
Commencement Information
I21Sch. 4 para. 13 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I22Sch. 4 para. 13 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
14(1)Section 15 (scope of Part 2) is amended as follows.U.K.
(2)In subsection (2) for “to 18” substitute “ and 17 ”.
(3)In subsection (3)—
(a)for “to 18” substitute “ and 17 ”, and
(b)in paragraph (b) omit sub-paragraph (ii) and the “or” preceding it.
Commencement Information
I23Sch. 4 para. 14 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I24Sch. 4 para. 14 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
15U.K.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 notice to the extent that it is a consumer notice,
(but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).”
Commencement Information
I25Sch. 4 para. 15 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I26Sch. 4 para. 15 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
16(1)Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows.U.K.
(2)In the heading omit “consumer or”.
(3)In subsection (1)—
(a)omit “a consumer contract or”,
(b)in paragraph (a) omit “consumer or”, and
(c)in paragraph (b) omit “consumer or”.
(4)After subsection (2) insert—
“(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).”
Commencement Information
I27Sch. 4 para. 16 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I28Sch. 4 para. 16 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
17U.K.Omit section 18 (unreasonable indemnity clauses in consumer contracts).
Commencement Information
I29Sch. 4 para. 17 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I30Sch. 4 para. 17 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
18U.K.Omit section 19 (“guarantee” of consumer goods).
Commencement Information
I31Sch. 4 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
19(1)Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.U.K.
(2)After subsection (1) insert—
“(1A)Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—
(a)section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);
(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),
shall have effect only if it was fair and reasonable to incorporate the term in the contract.
(1B)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).”
(3)Omit subsection (2).
Commencement Information
I32Sch. 4 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
20(1)Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows.U.K.
(2)In subsection (1), for paragraphs (a) and (b) substitute “ such as is referred to in subsection (3) below shall have no effect if it was not fair and reasonable to incorporate the term in the contract. ”
(3)In subsection (2)(b) omit “unless it is a consumer contract (and then only in favour of the consumer)”.
(4)After subsection (3A) insert—
“(3B)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).”
Commencement Information
I33Sch. 4 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
21U.K.Omit section 22 (consequence of breach of contract).
Commencement Information
I34Sch. 4 para. 21 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I35Sch. 4 para. 21 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
22(1)Section 25 (interpretation of Part 2) is amended as follows.U.K.
(2)In subsection (1)—
(a)omit the definition of “consumer”,
(b)for the definition of “consumer contract” substitute—
““consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);”, and
(c)at the appropriate place insert—
““consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);”.
(3)Omit subsections (1A) and (1B).
(4)In subsection (5), for “and 16 and 19 to” substitute “ , 16, 20 and ”.
Commencement Information
I36Sch. 4 para. 22 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I37Sch. 4 para. 22 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
23U.K.In section 26(2) (international supply contracts) omit “or 4”.
Commencement Information
I38Sch. 4 para. 23 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I39Sch. 4 para. 23 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
24(1)Section 27 (choice of law clauses) is amended as follows.U.K.
(2)In subsection (2)—
(a)omit “(either or both)”, and
(b)omit paragraph (b) and the “or” preceding it.
(3)Omit subsection (3).
Commencement Information
I40Sch. 4 para. 24 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I41Sch. 4 para. 24 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
25U.K.Omit section 28 (temporary provision for sea carriage of passengers).
Commencement Information
I42Sch. 4 para. 25 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I43Sch. 4 para. 25 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
26(1)Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows.U.K.
(2)In the heading, for “to 4” substitute “ , 3 ”.
(3)In paragraph 1, for “to 4” substitute “ and 3 ”.
(4)In paragraph 2—
(a)for “to 4” substitute “ , 3 ”, and
(b)omit “except in favour of a person dealing as consumer”.
(5)In paragraph 3—
(a)for “, 3 and 4” substitute “ and 3 ”, and
(b)omit “, except in favour of a person dealing as consumer,”.
Commencement Information
I44Sch. 4 para. 26 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I45Sch. 4 para. 26 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
27U.K.In Schedule 2 (“guidelines” for application of reasonableness test), for “6(3), 7(3) and (4),” substitute “ 6(1A), 7(1A) and (4), ”.
Commencement Information
I46Sch. 4 para. 27 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))
I47Sch. 4 para. 27 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)
28(1)Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows.U.K.
(2)In paragraph 17—
(a)omit paragraph (i), and
(b)after paragraph (l) insert—
“(m)Schedule 3 to the Consumer Rights Act 2015”.
(3)For paragraph 25 substitute—
“25A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.”
Commencement Information
I48Sch. 4 para. 28 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
29U.K.In section 184 of the Merchant Shipping Act 1995 (application of Schedule 6 to carriage within British Islands) omit subsection (2).
Commencement Information
I49Sch. 4 para. 29 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
30U.K.The Arbitration Act 1996 is amended as follows.
Commencement Information
I50Sch. 4 para. 30 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
31(1)Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows.U.K.
(2)In subsection (1), for “the Unfair Terms in Consumer Contracts Regulations 1994” substitute “ Part 2 (unfair terms) of the Consumer Rights Act 2015 ”.
(3)For subsection (2) substitute—
“(2)In those sections “the Part” means Part 2 (unfair terms) of the Consumer Rights Act 2015.”
Commencement Information
I51Sch. 4 para. 31 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
32U.K.For section 90 (regulations apply where consumer is a legal person) substitute—
The Part applies where the consumer is a legal person as it applies where the consumer is an individual.”
Commencement Information
I52Sch. 4 para. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
33U.K.In section 91(1) (arbitration agreement unfair where modest amount sought) for “Regulations” substitute “ Part ”.
Commencement Information
I53Sch. 4 para. 33 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
34U.K.The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.
Commencement Information
I54Sch. 4 para. 34 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
35U.K.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 Rights Act 2015. ”
Commencement Information
I55Sch. 4 para. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
36U.K.The Companies Act 2006 is amended as follows.
Commencement Information
I56Sch. 4 para. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
37(1)Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows.U.K.
(2)In paragraph 25—
(a)omit paragraph (h), and
(b)after paragraph (k) insert—
“(l)Schedule 3 to the Consumer Rights Act 2015”.
(3)For paragraph 33 substitute—
“33A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.”
Commencement Information
I57Sch. 4 para. 37 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
38(1)Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows.U.K.
(2)In paragraph 39, for paragraph (i) insert—
“(i)Schedule 3 to the Consumer Rights Act 2015”.
(3)For paragraph 48 substitute—
“48A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.”
Commencement Information
I58Sch. 4 para. 38 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
39U.K.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 Schedule, omit “and (2)(a)” and “(in each case)”.
Commencement Information
I59Sch. 4 para. 39 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys