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Consumer Rights Act 2015

Sections276Case law22Effects16

Statutes amended

16 affected Acts; 29 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Sale of Goods Act 1979

4 amendments · open Act

  1. 1 deletion

    Part 5A Additional rights of buyer in consumer cases

    Sections 48A – 48F repealed in their entirety. These provisions implemented the EU Consumer Sales Directive remedies (right to repair/replacement, reduction in price, rescission) for consumers; equivalent rights for consumer sales contracts are now in Chapter 2 of Part 1 of the Consumer Rights Act 2015.

  2. Section 11 insertion

    1 Contracts to which Act applies

    subsections (1) – (4) unchanged

    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 (sales contracts) applies (see the amendments made by Schedule 1 to that Act).
  3. Section 141 insertion, 1 deletion

    14 Implied terms about quality or fitness

    subsections (1) – (2C) unchanged

    2D If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
    2E A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that— (a) at the time the contract was made, he was not, and could not reasonably have been, aware of the statement, (b) before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or (c) the decision to buy the goods could not have been influenced by the statement.
    2F Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer) if the statement would have been such a circumstance apart from those subsections.

    subsections (3) – (8) unchanged

    9 This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 (sales contracts) applies (but see the provision made about such contracts in section 9, 10, 13 and 18 of that Act).
  4. Section 621 change

    62 Savings: rules of law, etc.

    subsection (1) unchanged

    2 The rules of the common law, including the law merchant, except in so far as they are inconsistent with the provisions of this Actlegislation including this Act and the Consumer Rights Act 2015, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, apply to contracts for the sale of goods.

    subsections (3) – (4) unchanged

Sale and Supply of Goods to Consumers Regulations 2002

1 amendment · open Act

  1. 1 deletion

    SI 2002/3045 The Sale and Supply of Goods to Consumers Regulations 2002

    The whole instrument is revoked. These Regulations implemented the EU Consumer Sales Directive (1999/44/EC) for the UK; consumer sales protections are now contained in Chapter 2 of Part 1 of the Consumer Rights Act 2015.

Sale and Supply of Goods Act 1994

1 amendment · open Act

  1. Schedule 21 deletion

    Sch. 2 Consequential amendments

    5(9) Paragraph 5(9) (consumer-specific provision relating to the Sale of Goods Act 1979) is omitted in consequence of the new consumer regime in the Consumer Rights Act 2015.

Unfair Contract Terms Act 1977

5 amendments · open Act

  1. Section 1(2)1 change

    1 Scope of Part I

    subsection (1) unchanged

    2 Sections 2 to 4, 3 and 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising— …

    subsections (3) – (4) unchanged

  2. Section 21 insertion

    2 Negligence liability

    subsections (1) – (3) unchanged

    4 This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the extent that it is a consumer notice, (but see the provision made about such contracts and notices in section 65 of the Consumer Rights Act 2015).
  3. Section 41 deletion

    4 Unreasonable indemnity clauses

    Section 4 is repealed. Indemnity clauses in consumer contracts are now governed by the fairness regime in Part 2 of the Consumer Rights Act 2015.

  4. Section 51 deletion

    5 “Guarantee” of consumer goods

    Section 5 is repealed. Consumer guarantees are now dealt with in the Consumer Rights Act 2015.

  5. Section 121 deletion

    12 “Dealing as consumer”

    Section 12 is repealed. The meaning of “consumer” for UCTA purposes is taken from section 2(3) of the Consumer Rights Act 2015.

The Unfair Terms in Consumer Contracts Regulations 1999

1 amendment · open Act

  1. 1 deletion

    SI 1999/2083 The Unfair Terms in Consumer Contracts Regulations 1999

    The whole instrument is revoked. The unfair-terms regime previously contained in these Regulations is now Part 2 of the Consumer Rights Act 2015.

Arbitration Act 1996

2 amendments · open Act

  1. Section 892 changes

    89 Application of unfair terms regulations to consumer arbitration agreements

    1 The following sections extend the application of the Unfair Terms in Consumer Contracts Regulations 1994Part 2 (unfair terms) of the Consumer Rights Act 2015 in relation to a term which constitutes an arbitration agreement.
    2 For this purpose “the Regulations” means those regulations and includes any regulations amending or replacing those regulations.In those sections “ the Part ” means Part 2 (unfair terms) of the Consumer Rights Act 2015.

    subsection (3) unchanged

  2. Section 911 change

    91 Arbitration agreement unfair where modest amount sought

    1 A term which constitutes an arbitration agreement is unfair for the purposes of the Regulationsthe Part so far as it relates to a claim for a pecuniary remedy which does not exceed the amount specified by order for the purposes of this section.

    subsections (2) – (4) unchanged

Misrepresentation Act 1967

1 amendment · open Act

  1. Section 32 insertions

    3 Avoidance of provision excluding liability for misrepresentation

    1 [At the beginning insert “ (1) ”.] If a contract contains a term which would exclude or restrict— (a) any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or (b) any remedy available to another party to the contract by reason of such a misrepresentation, that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 11(1) of the Unfair Contract Terms Act 1977; and it is for those claiming that the term satisfies that requirement to show that it does.
    2 This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).

Enterprise Act 2002

4 amendments · open Act

  1. Section 121 insertion

    12 The Competition Appeal Tribunal

    subsection (1) unchanged

    2 The Tribunal shall consist of— (a) a person appointed by the Lord Chancellor to preside over the Tribunal (the “ President ”); (aa) such judges as are nominated from time to time by the Lord Chief Justice of England and Wales from the High Court of England and Wales; (ab) such judges as are nominated from time to time by the Lord President of the Court of Session from the judges of the Court of Session; (ac) such judges as are nominated from time to time by the Lord Chief Justice of Northern Ireland from the High Court in Northern Ireland; (b) such number of other members appointed by the Lord Chancellor to be chairmen as he may from time to time determine; (c) such number of other members appointed by the Secretary of State as he may from time to time determine.

    remaining subsections unchanged

  2. part-81 insertion

    223A Investigatory powers

    For the investigatory powers available to enforcers for the purposes of enforcers’ functions under this Part, see Schedule 5 to the Consumer Rights Act 2015.
  3. Section 2241 deletion

    224 Power of CMA to require the provision of information

    Section 224 is repealed; the unified investigatory powers are now in Schedule 5 to the Consumer Rights Act 2015.

  4. Schedule 151 insertion

    Sch. 15 Enactments for the purposes of which disclosures may be made

    existing entries unchanged

    “Schedule 3 to the Consumer Rights Act 2015.”

Weights and Measures (Packaged Goods) Regulations 2006

1 amendment · open Act

  1. Schedule 51 change, 1 insertion

    Sch. 5 Application to bread

    paragraphs 1 – 8 unchanged

    9 Original record-keeping duty in paragraph 9 (limiting the duty to certain bread) is replaced.Regulation 9(1)(b)(ii) (duty to keep records) does not apply to bread which is sold unwrapped or in open packs.

    paragraphs 10 – 13 unchanged

    14 Transitional provision. (1) Regulation 9(1)(b)(ii) (duty to keep records) does not apply to a packer who holds a notice of exemption which is in force. (2) A “ notice of exemption ” means a notice issued under paragraph 9 as it stood before section 78 of the Consumer Rights Act 2015 came into force.

Communications Act 2003

1 amendment · open Act

  1. Section 1201 insertion

    120 Conditions regulating premium rate services

    subsections (1) – (2) unchanged

    3 A condition set under this section must require compliance with directions given in accordance with— (za) the provisions of an approved code; (a) an approved code; or (b) an order under section 122.

    remaining subsections unchanged

Higher Education Act 2004

1 amendment · open Act

  1. Section 111 insertion

    11 Qualifying institutions for the purposes of the student complaints scheme

    paragraphs (a) – (d) unchanged

    e an institution (other than one within another paragraph of this section) which provides higher education courses which are designated for the purposes of section 22 of the 1998 Act by or under regulations under that section;
    f an institution (other than one within another paragraph of this section) whose entitlement to grant awards is conferred by an order under section 76(1) of the 1992 Act.

Trade Descriptions Act 1968

2 amendments · open Act

  1. Section 271 deletion

    27 Power to make test purchases

    Section 27 is repealed; the equivalent power is now in Schedule 5 to the Consumer Rights Act 2015.

  2. Section 281 deletion

    28 Power to enter premises and inspect and seize goods and documents

    Section 28 is repealed; the equivalent powers are now in Schedule 5 to the Consumer Rights Act 2015.

Consumer Credit Act 1974

1 amendment · open Act

  1. Section 1621 deletion

    162 Powers of entry and inspection

    Section 162 is repealed; the equivalent powers are now in Schedule 5 to the Consumer Rights Act 2015.

Weights and Measures Act 1985

2 amendments · open Act

  1. Section 791 deletion

    79 General powers of inspection and entry

    Section 79 is repealed. A new section 79A signposts to Schedule 5 to the Consumer Rights Act 2015 for the investigatory powers available to a local weights and measures authority.

  2. Section 791 insertion

    79A Investigatory powers

    For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.

Trade Marks Act 1994

1 amendment · open Act

  1. Section 931 change, 1 insertion, 1 deletion

    93 Enforcement function of local weights and measures authority

    1 It is the duty of every local weights and measures authority to enforce within their area the provisions of section 92 (unauthorised use of trade mark, &c. in relation to goods).
    2 The provisions of the following sections of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section as they apply in relation to the enforcement of that Act— section 27 (power to make test purchases), section 28 (power to enter premises and inspect and seize goods and documents), section 29 (obstruction of authorised officers), section 33 (compensation for loss, etc. of goods seized).
    3 An offence under section 92 may be prosecuted by a local weights and measures authority anywhere in England and Wales. For that purpose the provisions of section 130 of the Trade Descriptions Act 1968 apply.
    3A For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

    subsection (4) unchanged

Christmas Day (Trading) Act 2004

1 amendment · open Act

  1. Section 31 insertion, 1 deletion

    3 Enforcement

    subsections (1) – (2) unchanged

    3 Paragraphs 2(2) to (5), 3 and 4 of Schedule 2 to the Sunday Trading Act 1994 (powers of entry &c.) apply in relation to the enforcement of section 1 of this Act as they apply in relation to the enforcement of the Sunday Trading Act 1994.
    3A For the powers available to a local authority and the inspectors appointed by it under subsection (3) for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

    subsection (4) unchanged