SCHEDULES
SCHEDULE 1Amendments consequential on Part 1
Sale of Goods Act 1979 (c. 54)
8
The Sale of Goods Act 1979 is amended as follows.
9
In section 1 (contracts to which Act applies), after subsection (4) insert—
5
Certain sections or subsections of this Act do not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.
6
Where that is the case it is indicated in the section concerned.
10
In section 11 (when condition to be treated as warranty), after subsection (4) insert—
4A
Subsection (4) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).
11
In section 12 (implied terms about title etc), after subsection (6) insert—
7
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 17 of that Act).
12
In section 13 (sale by description), after subsection (4) insert—
5
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).
13
1
Section 14 (implied terms about quality or fitness) is amended as follows.
2
Omit subsections (2D) to (2F).
3
After subsection (8) insert—
9
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 9, 10 and 18 of that Act).
14
In section 15 (sale by sample), after subsection (4) insert—
5
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 13 and 18 of that Act).
15
In section 15A (modification of remedies for breach of condition in non-consumer cases), in subsection (1) omit “then, if the buyer does not deal as consumer,”.
16
1
Section 15B (remedies for breach of contract as respects Scotland) is amended as follows.
2
After subsection (1) insert—
1A
Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).
3
Omit subsection (2).
17
1
In section 20 (passing of risk), for subsection (4) substitute—
4
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).
2
The marginal note “Passing of risk” substituted by the Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045) is not affected by the revocation of those Regulations by this Schedule.
18
In section 29 (rules about delivery), after subsection (3) insert—
3A
Subsection (3) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 28 of that Act).
19
1
Section 30 (delivery of wrong quantity) is amended as follows.
2
In subsection (2A) omit “who does not deal as consumer”.
3
After subsection (5) insert—
6
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 25 of that Act).
20
In section 31 (instalment deliveries) after subsection (2) insert—
3
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 26 of that Act).
21
In section 32 (delivery to carrier), for subsection (4) substitute—
4
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).
22
1
Section 33 (risk where goods are delivered at distant place) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
At the end insert—
2
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).
23
1
Section 34 (buyer's right of examining the goods) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
At the end insert—
2
Nothing in this section affects the operation of section 22 (time limit for short-term right to reject) of the Consumer Rights Act 2015.
24
1
Section 35 (acceptance) is amended as follows.
2
Omit subsection (3).
3
After subsection (8) insert—
9
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).
25
In section 35A (right of partial rejection), after subsection (4) insert—
5
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).
26
1
Section 36 (buyer not bound to return rejected goods) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
At the end insert—
2
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 20 of that Act).
27
Omit Part 5A (additional rights of buyer in consumer cases).
28
In section 51 (damages for non-delivery), after subsection (3) insert—
4
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).
29
In section 52 (specific performance), after subsection (4) insert—
5
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).
30
In section 53 (remedy for breach of warranty), after subsection (4) insert—
4A
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).
31
In section 53A (measure of damages as respects Scotland), after subsection (2) insert—
2A
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).
32
1
Section 54 (interest) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
At the end insert—
2
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).
33
In section 55 (exclusion of implied terms), after subsection (1) insert—
1A
Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 31 of that Act).
34
1
Section 58 (payment into court in Scotland) is amended as follows.
2
At the beginning insert “
(1)
”
.
3
At the end insert—
2
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).
35
1
Section 61 (interpretation) is amended as follows.
2
In subsection (1) omit the following definitions—
a
“consumer contract”;
b
“producer”;
c
“repair”.
3
Omit subsection (5A).
36
In section 62(2) (savings for rules of law etc), for “this Act” substitute “
legislation including this Act and the Consumer Rights Act 2015
”
.