Consumer Rights Act 2015

1. Introduction

2. Expand +/Collapse -

   Summary and Background

   1. Background

   2. Wider reforms to the consumer legislation framework

   3. Advice and consultations

      1. Part 1

      2. Part 2

      3. Part 3

   4. Structure of the Act

   5. Impact on existing legislation

   6. Territorial extent and application

   7. Which country’s law governs the contract?

   8. Transposition of EU Directives

3. Expand +/Collapse -

   Commentary on Sections

   1. Part 1: Consumer Contracts for Goods, Digital Content and Services

      1. Section 1: Where Part 1 applies

      2. Section 2: Key definitions

      3. Chapter 2: Goods

         1. Summary and Background

         2. What goods contracts are covered?

            1. Sections 3-8: Consumer contracts about goods

         3. What statutory rights are there under a goods contract?

            1. Section 9: Goods to be of satisfactory quality

            2. Section 10: Goods to be fit for particular purpose

            3. Section 11: Goods to be as described

            4. Section 12: Other pre-contract information included in contract

            5. Section 13: Goods to match a sample

            6. Section 14: Goods to match a model seen or examined

            7. Section 15: Installation as part of conformity of the goods with the contract

            8. Section 16: Goods not conforming to contract if digital content does not conform

            9. Section 17: Trader to have right to supply the goods etc

            10. Section 18: No other requirement to treat term about quality or fitness as included

         4. What remedies are there if statutory rights under a goods contract are not met?

            1. Section 19: Consumer’s rights to enforce terms about goods

            2. Section 20: Right to reject

            3. Section 21: Partial rejection of goods

            4. Section 22: Time limit for short-term right to reject

            5. Section 23: Right to repair or replacement

            6. Section 24: Right to price reduction or final right to reject

         5. Other rules about remedies under goods contracts

            1. Section 25: Delivery of wrong quantity

            2. Section 26: Instalment deliveries

            3. Section 27: Consignation, or payment into court, in Scotland

         6. Other rules about goods contracts

            1. Section 28: Delivery of goods

            2. Section 29: Passing of risk

            3. Section 30: Goods offered with a guarantee

         7. Can a trader contract out of statutory rights and remedies under a goods contract?

            1. Section 31: Liability that cannot be excluded or restricted

            2. Section 32: Contracts applying law of non-EEA state

      4. Chapter 3 Digital Content

         1. Summary and Background

         2. What digital content contracts are covered?

            1. Section 33: Contracts covered by this chapter

         3. What statutory rights are there under a digital content contract?

            1. Section 34: Digital content to be of satisfactory quality

            2. Section 35: Digital content to be fit for a particular purpose

            3. Section 36: Digital content to be as described

            4. Section 37: Other pre-contract information included in the contract

            5. Section 38: No other requirement to treat term about quality or fitness as included

            6. Section 39: Supply by transmission and facilities for continued transmission

            7. Section 40: Quality, fitness and description of content supplied subject to modifications

            8. Section 41: Trader’s right to supply digital content

         4. What remedies are there if statutory rights under a digital content contract are not met?

            1. Section 42: Consumer’s rights to enforce terms about digital content

            2. Section 43: Right to repair or replacement

            3. Section 44: Right to price reduction

            4. Section 45: Right to a refund

         5. Compensation for damage to device or to other digital content

            1. Section 46: Remedy for damage to device or to other digital content

         6. Can a trader contract out of statutory rights and remedies under a digital content contract?

            1. Section 47: Liability that cannot be excluded or restricted

      5. Chapter 4 Services

         1. Summary and Background

         2. What services contracts are covered?

            1. Section 48: Contracts covered by this Chapter

         3. What statutory rights are there under a services contract?

            1. Section 49: Service to be performed with reasonable care and skill

            2. Section 50: Information about the trader or service to be binding

            3. Section 51: Reasonable price to be paid for a service

            4. Section 52: Service to be performed within a reasonable time

            5. Section 53: Relation to other law on contract terms

         4. What remedies are there if statutory rights under a services contract are not met?

            1. Section 54: Consumer’s rights to enforce terms about services; section 55: Right to repeat performance; and section 56: Right to price reduction

         5. Can a trader contract out of statutory rights and remedies under a services contract?

            1. Section 57: Liability that cannot be excluded or restricted

      6. Chapter 5 General and Supplementary Provisions

   2. Part 2: Unfair Terms

      1. Background and overview

      2. What contracts and notices are covered by this Part?

         1. Section 61: Contracts and notices covered by this Part

      3. What are the general rules about fairness of contract terms and notices?

         1. Section 62: Requirement for contract terms and notices to be fair

         2. Section 63: Contract terms which may or must be regarded as unfair

         3. Section 64: Exclusion from assessment of fairness

         4. Section 65: Bar on exclusion or restriction of negligence liability and Section 66: Scope of section 65

         5. Section 67: Effect of an unfair term on the rest of a contract

         6. Section 68: Requirement for transparency

         7. Section 69: Contract terms that may have different meanings

      4. How are the general rules enforced?

         1. Section 70: Enforcement of the law on unfair contract terms

      5. Supplementary provisions

         1. Section 71: Duty of court to consider fairness of term

         2. Section 72: Application of rules to secondary contracts

         3. Section 73: Disapplication of rules to mandatory terms and notices

         4. Section 74: Contracts applying law of non-EEA State

         5. Section 75: Changes to other legislation

   3. Part 3 Miscellaneous and General

      1. Chapter 1: Enforcement Etc.

         1. Section 77: Investigatory powers etc.

         2. Schedule 5: Investigatory Powers etc.

         3. Section 78: Amendment of the Weights and Measures (Packaged Goods) Regulations 2006

         4. Section 79: Enterprise Act 2002: enhanced consumer measures and other enforcement

            1. Introduction

            2. Background

            3. Part 8 Enterprise Act 2002

            4. Enforcers

         5. Schedule 7: Enterprise Act 2002: enhanced consumer measures and other enforcement

         6. Section 80: Contravention of code regulating premium rate services

      2. Chapter 2: Competition

         1. Summary and Background

         2. Section 81: Private actions in competition law

            1. Widen the types of cases which the CAT can hear

            2. Collective actions and opt-out collective settlements

            3. Voluntary redress schemes

         3. Section 82: Appointment of Judges to the Competition Appeal Tribunal

      3. Chapter 3: Duty of Letting Agents to Publicise Fees Etc.

         1. Summary and background

         2. Section 83: Duty of letting agents to publicise fees etc

         3. Section 84: Letting agents to which the duty applies

         4. Section 85: Fees to which the duty applies

         5. Section 86: Letting agency work and property management work

         6. Section 87: Enforcement of the duty

         7. Section 88: Supplementary provisions

      4. Chapter 4: Student Complaints Scheme

         1. Section 89: Qualifying Institutions for the purposes of the student complaints scheme

      5. Chapter 5: Secondary Ticketing

         1. Summary and Background

         2. Duty to provide information about tickets

            1. Section 90: Duty to provide information about tickets

            2. Section 91: Prohibition on cancellation or blacklisting

            3. Section 92: Duty to report criminal activity

            4. Section 93: Enforcement of this Chapter

            5. Section 94: Duty to review measures relating to secondary ticketing

            6. Section 95: Interpretation of this Chapter

4. Commencement

5. Hansard Reference

6. ANNEX A Glossary of Abbreviations

7. ANNEX B Transposition Notes