PART 1 Consumer contracts for goods, digital content and services
What remedies are there if statutory rights under a goods contract are not met?
Can a trader contract out of statutory rights and remedies under a goods contract?
What statutory rights are there under a digital content contract?
What remedies are there if statutory rights under a digital content contract are not met?
Compensation for damage to device or to other digital content
Can a trader contract out of statutory rights and remedies under a digital content contract?
PART 3 Miscellaneous and General
SCHEDULES
Amendments consequential on Part 1
Supply of Goods (Implied Terms) Act 1973 (c. 13)
1.The Supply of Goods (Implied Terms) Act 1973 is amended...
2.For “hire-purchase agreement” (or “hire purchase agreement”) in each place,...
3.(1) Section 10 (implied undertakings as to quality or fitness)...
4.(1) Section 11A (modification of remedies for breach of statutory...
5.In section 12A (remedies for breach of hire-purchase agreement as...
6.Omit section 14 (special provisions as to conditional sale agreements)....
Sale of Goods Act 1979 (c. 54)
9.In section 1 (contracts to which Act applies), after subsection...
10.In section 11 (when condition to be treated as warranty),...
11.In section 12 (implied terms about title etc), after subsection...
12.In section 13 (sale by description), after subsection (4) insert—...
13.(1) Section 14 (implied terms about quality or fitness) is...
14.In section 15 (sale by sample), after subsection (4) insert—...
15.In section 15A (modification of remedies for breach of condition...
16.(1) Section 15B (remedies for breach of contract as respects...
17.(1) In section 20 (passing of risk), for subsection (4)...
18.In section 29 (rules about delivery), after subsection (3) insert—...
19.(1) Section 30 (delivery of wrong quantity) is amended as...
20.In section 31 (instalment deliveries) after subsection (2) insert—
21.In section 32 (delivery to carrier), for subsection (4) substitute—...
22.(1) Section 33 (risk where goods are delivered at distant...
23.(1) Section 34 (buyer's right of examining the goods) is...
25.In section 35A (right of partial rejection), after subsection (4)...
26.(1) Section 36 (buyer not bound to return rejected goods)...
27.Omit Part 5A (additional rights of buyer in consumer cases)....
28.In section 51 (damages for non-delivery), after subsection (3) insert—...
29.In section 52 (specific performance), after subsection (4) insert—
30.In section 53 (remedy for breach of warranty), after subsection...
31.In section 53A (measure of damages as respects Scotland), after...
33.In section 55 (exclusion of implied terms), after subsection (1)...
34.(1) Section 58 (payment into court in Scotland) is amended...
Supply of Goods and Services Act 1982 (c. 29)
39.In section 1 (the contracts concerned: transfer of property in...
40.In section 4 (implied terms about quality or fitness in...
41.In section 5A (modification of remedies for breach of statutory...
42.In section 6 (the contracts concerned: hire of goods, as...
43.In section 9 (implied terms about quality or fitness in...
44.In section 10A (modification of remedies for breach of statutory...
45.In section 11A (the contracts concerned: transfer of property in...
46.In section 11D (implied terms about quality or fitness in...
47.In section 11F (remedies for breach of contract) omit subsections...
48.In section 11G (the contracts concerned: hire of goods, as...
49.In section 11J (implied terms about quality or fitness in...
50.Omit Part 1B (additional rights of transferee in consumer cases)....
51.In section 12 (the contracts concerned: supply of services, as...
52.(1) Section 18 (interpretation: general) is amended as follows.
Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)
Enforcement of the law on unfair contract terms and notices
Amendments consequential on Part 2
Unfair Contract Terms Act 1977 (c. 50)
2.The Unfair Contract Terms Act 1977 is amended as follows....
4.In section 2 (negligence liability), after subsection (3) insert—
5.(1) Section 3 (liability arising in contract) is amended as...
8.(1) Section 6 (sale and hire-purchase) is amended as follows....
9.(1) Section 7 (miscellaneous contracts under which goods pass) is...
12.In section 13(1) (varieties of exemption clauses) for “and 5...
13.In section 14 (interpretation of Part 1), at the appropriate...
15.In section 16 (liability for breach of duty), after subsection...
16.(1) Section 17 (control of unreasonable exemptions in consumer or...
17.Omit section 18 (unreasonable indemnity clauses in consumer contracts).
19.(1) Section 20 (obligations implied by law in sale and...
20.(1) Section 21 (obligations implied by law in other contracts...
22.(1) Section 25 (interpretation of Part 2) is amended as...
23.In section 26(2) (international supply contracts) omit “or 4”.
25.Omit section 28 (temporary provision for sea carriage of passengers)....
27.In Schedule 2 (“guidelines” for application of reasonableness test), for...
Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)
PART 4 Further powers exercisable by domestic enforcers and EU enforcers
PART 5 Provisions supplementary to Parts 3 and 4
PART 6 Exercise of enforcement functions by area enforcers
Investigatory powers: consequential amendments
Trade Descriptions Act 1968 (c. 29)
3.In section 26 (enforcing authorities) after subsection (1) insert—
5.Omit section 28 (power to enter premises and inspect and...
7.Omit section 30 (notice of test and intended prosecution).
8.Omit section 33 (compensation for loss, etc of goods seized...
9.(1) Section 40 (provisions as to Northern Ireland) is amended...
Estate Agents Act 1979 (c. 38)
20.In section 3(1)(cb) (power to make orders prohibiting unfit persons...
21.In section 9 (information for the lead enforcement authority) omit...
24.In section 26 (enforcement authorities), after subsection (1) insert—
25.Omit section 27 (obstruction and personation of authorised officers).
26.(1) Paragraph 14 of Schedule 2 (applications under sections 6(1)...
Weights and Measures Act 1985 (c. 72)
28.The Weights and Measures Act 1985 is amended as follows....
29.In section 38(2) (special powers of inspectors with respect to...
31.Omit section 79 (general powers of inspection and entry).
32.Before section 80 insert— Investigatory powers For the investigatory powers available to a local weights and...
34.In section 81(1)(b) (failure to provide assistance or information) omit...
36.In paragraph 21(2)(b) of Schedule 11 (application of provisions applying...
Consumer Protection Act 1987 (c. 43)
41.(1) Section 30 (provisions supplemental to section 29) is amended...
42.In section 31(1) (power of customs officer to detain goods)...
44.In section 33(1) (appeals against detention of goods) for “any...
45.In section 34(1) (compensation for seizure and detention) for “29”...
46.In section 44(4) (service of documents)— (a) omit “28(2) or”,...
52.(1) Section 30 (regulations about motor fuel) is amended as...
53.In section 31 (regulations about sulphur content of oil fuel...
55.In section 49(1) (unjustified disclosures of information) after “this Act”...
56.In section 56 (rights of entry and inspection etc) after...
57.In section 58(1) (power of local authorities to obtain information)—...
68.Omit section 224 (power of CMA to require the provision...
69.Omit section 225 (power of other enforcer to require the...
70.Omit section 226 (procedure for notices requiring information).
72.Omit section 227A (power to enter premises without warrant).
74.Omit section 227C (power to enter premises with warrant).
75.Omit section 227D (ancillary provisions about powers of entry).
76.Omit section 227E (obstructing, or failing to co-operate with, powers...
78.Before section 228 (but after the italic heading “Miscellaneous”) insert—...
81.In Schedule 14 (specified functions for the purposes of Part...
Enterprise Act 2002: enhanced consumer measures and other enforcement
1.Part 8 of the Enterprise Act 2002 (enforcement of certain...
3.(1) Section 211 (domestic infringements) is amended as follows.
4.In section 213(5A) (CPC enforcers), for paragraph (i) substitute—
6.In section 217 (enforcement orders), after subsection (10) insert—
7.In section 219 (undertakings), after subsection (5) insert—
8.After section 219 insert— Definition of enhanced consumer measures (1) In this Part, enhanced consumer measures are measures (not...
9.(1) Section 220 (further proceedings) is amended as follows.
10.In section 229 (advice and information), after subsection (1) insert—...
Private actions in competition law
1.The Competition Act 1998 is amended in accordance with this...
3.For the cross-heading preceding section 46, substitute “ Appeals and...
4.(1) For section 47A substitute— Proceedings before the Tribunal: claims...
5.(1) For section 47B substitute— Collective proceedings before the Tribunal...
6.After section 47B (as substituted by paragraph 5) insert— Collective...
7.After section 47C (inserted by paragraph 6) insert— Proceedings under...
8.(1) After section 47D (inserted by paragraph 7) insert— Limitation...
9.(1) Section 49 (further appeals) is amended in accordance with...
10.(1) After section 49 insert— Settlements relating to infringements of...
11.(1) After section 49A (inserted by paragraph 10) insert— Collective...
12.After section 49B (inserted by paragraph 11) insert— Approval of...
14.(1) For section 58A substitute— Infringement decisions (1) This section applies to a claim in respect of...
15.(1) Section 59 (interpretation of Part 1) is amended in...
16.In section 71 (regulations, orders and rules), after subsection (4)(ca)...
17.(1) Schedule 8 (appeals) is amended in accordance with this...
18.The Enterprise Act 2002 is amended in accordance with this...
19.(1) Section 14 (constitution of Tribunal for particular proceedings and...
20.In section 15 (Tribunal rules), in subsection (1), at the...
21.In section 16 (transfers of certain proceedings to and from...
22.Schedule 4 (Tribunal: procedure) is amended in accordance with the...
23.In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a)...
24.After paragraph 1 insert— Enforcement of injunctions in England and...
27.In paragraph 7— (a) for “specified body” substitute “ representative...
28.In paragraph 9— (a) the existing provision is numbered as...
30.For paragraph 13 substitute— (1) Tribunal rules may provide for the Tribunal—
31.After paragraph 15 insert— Fast-track procedure (1) Tribunal rules may make provision in relation to a...
33.After paragraph 20 insert— Stay or sist of proceedings (1) In relation to proceedings in England and Wales or...
34.After paragraph 21 insert— Injunctions Tribunal rules may make provision in relation to the grant...
35.In paragraph 23(3), for “an individual” substitute “ a person...
Duty of letting agents to publicise fees: financial penalties
Secondary ticketing: financial penalties