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Consumer Rights Act 2015 Explanatory Notes

Impact on existing legislation

23.The Act brings together key consumer rights from all the enactments listed in paragraph 8 above. It will harmonise existing provisions to give a single approach where appropriate.

24.The provisions in the existing legislation listed below which cover trader to consumer contracts only will be repealed. The provisions which relate to other types of contract (for example contracts between businesses) will remain in the existing legislation.

Supply of Goods (Implied Terms) Act 1973For business to consumer contracts the provisions of the Supply of Goods (Implied Terms) Act 1973 (“SGITA”) will be replaced by the Consumer Rights Act 2015. It will be amended so that it covers business to business contracts and consumer to consumer contracts only.
Sale of Goods Act 1979For business to consumer contracts this will mainly be replaced by the Consumer Rights Act 2015 but some provisions of SGA will still apply, for example, rules which are applicable to all contracts of sale of goods (as defined by that Act – essentially these are sales of goods for money), regarding matters such as when property in goods passes. The SGA will still apply to business to business contracts and to consumer to consumer contracts.
Supply of Goods and Services Act 1982For business to consumer contracts, this Act’s provisions will be replaced by the Consumer Rights Act 2015. The SGSA will be amended so that it covers business to business contracts and consumer to consumer contracts only.
Sale and Supply of Goods Act 1994This Act amended the SGA and the SGSA and as such will be superseded by provisions in the Consumer Rights Act 2015 for business to consumer contracts.
Sale and Supply of Goods to Consumers Regulations 2002These will be replaced by provisions in the Consumer Rights Act 2015.
Unfair Contract Terms Act 1977In respect of business to consumer contracts the Act’s provisions will be replaced by the Consumer Rights Act 2015. The UCTA will be amended so that it covers business to business and consumer to consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999These will be replaced by the Consumer Rights Act 2015.

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