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31.—(1) Where a contract fails to include any required term, such a term is to be an implied term of the contract.
(2) A contract must contain a term which has the effect that—
(a)where, or to the extent that a term is a required term and such a required term is omitted, either in whole or in part, from the express terms of the contract; and
(b)as a result, the contract does not expressly include that required term in full,
that required term, to the extent that it was omitted from the express terms of the contract, is to be an implied term of the contract.
(3) In the event of, and only to the extent of, any conflict between any term that must be implied in accordance with this regulation, the clauses of the contract and the schedules of the contract, the following order of precedence applies—
(a)any required term that is implied in accordance with this regulation;
(b)the clauses of the contract; and
(c)the schedules of the contract.
(4) A “required term” is any term which is required to be included in the contract by virtue of these Regulations, including any term which is required by an amendment, extension, re-enactment, or consolidation of these Regulations, whether before or after the commencement of the contract.
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