Sale and Supply of Goods Act 1994

5 (1) The Sale of Goods Act 1979 is amended as follows. U.K.

(2) In section 11 (when condition to be treated as warranty)—

(a) for subsection (1) there is substituted —

“(1) This section does not apply to Scotland.”; and

(b) subsection (5) is omitted.

(3) In section 12 (implied terms about title etc.)—

(a) for “condition” (in subsection (1)) and for “warranty” (in subsections (2), (4) and (5)) there is substituted “ term ”; and

(b) after subsection (5) there is inserted—

“(5A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.”

(4) In section 13 (sale by description)—

(a) in subsection (1) for “condition” there is substituted “ term ”; and

(b) after that subsection there is inserted—

“(1A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.”

(5) In section 14 (implied terms about quality or fitness)—

(a) for “condition or warranty” (in subsections (1) and (4)) and for “condition” (in subsection (3)) there is substituted “ term ”; and

(b) for subsection (6) there is substituted—

“(6) As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.”

(6) In section 15 (sale by sample)—

(a) in subsection (2), for “condition” there is substituted “ term ” and paragraph (b) is omitted; and

(b) for subsection (3) there is substituted—

“(3) As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.”

(7) In section 53 (remedy for breach of warranty) for subsection (5) there is substituted—

“(5) This section does not apply to Scotland.”

(8) In section 55 (exclusion of implied terms) in subsection (2) for “condition or warranty” (in both places) there is substituted “ term ”.

F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the heading “Conditions and warranties” that precedes sections 10 to 14 there is substituted the heading “ Implied terms etc. ”.

Textual Amendments

F1 Sch. 2 para. 5(9) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 55(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))