CONSUMER PROTECTION
The Unfair Terms in Consumer Contracts Regulations 1999
Made22nd July 1999
Laid before Parliament22nd July 1999
Coming into force1st October 1999
Whereas the Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to consumer protection:C1
Now, the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of that Act, hereby makes the following Regulations:–C1
I151 Citation and commencement¶
These Regulations may be cited as the Unfair Terms in Consumer Contracts Regulations 1999 and shall come into force on 1st October 1999.I52 Revocation¶
The Unfair Terms in Consumer Contracts Regulations 19943 are hereby revoked.I113 Interpretation¶
- “the CMA” means the Competition and Markets Authority;
- “the Community” means the European Community;
- “complaint” means a complaint that any contract term drawn up for general use is unfair;
- “consumer” means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession;
- “court” in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland, the Sheriff or the Court of Session;
- “DETINI” means the Department of Enterprise, Trade and Investment in Northern Ireland;
- F21...
- “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 19934;
- “a local weights and measures authority” means a local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985);
- “Member State” means a State which is a contracting party to the EEA Agreement;
- “notified” means notified in writing;
- “qualifying body” means a person specified in Schedule 1;
- “seller or supplier” means any natural or legal person who, in contracts covered by these Regulations, is acting for purposes relating to his trade, business or profession, whether publicly owned or privately owned;
- “unfair terms” means the contractual terms referred to in regulation 5.
I44 Terms to which these Regulations apply¶
I105 Unfair Terms¶
I136 Assessment of unfair terms¶
I167 Written contracts¶
I28 Effect of unfair term¶
I89 Choice of law clauses¶
These Regulations shall apply notwithstanding any contract term which applies or purports to apply the law of a non-Member State, if the contract has a close connection with the territory of the Member States.10 Complaints – consideration by the CMA and qualifying bodies¶
F1111 Complaints – consideration by qualifying bodies¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I912 Injunctions to prevent continued use of unfair terms¶
I113 Powers of the CMA and qualifying bodies to obtain documents and information¶
I314 Notification of undertakings and orders to the CMA ¶
A qualifying body shall notify the CMA–I715 Publication, information and advice¶
16 The functions of the Financial Conduct Authority ¶
The functions of the Financial Conduct Authority under these Regulations shall be treated as functions of the Financial Conduct Authority under the Financial Services and Markets Act 2000.SCHEDULE 1 ¶
QUALIFYING BODIES
Regulation 3
PART ONE ¶
PART TWO ¶
SCHEDULE 2 ¶
INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR
Regulation 5(5)
- transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the seller or supplier does not control;
- contracts for the purchase or sale of foreign currency, traveller’s cheques or international money orders denominated in foreign currency;
Footnotes
- I1Reg. 13 in force at 1.10.1999, see reg. 1
- I2Reg. 8 in force at 1.10.1999, see reg. 1
- F1Words in reg. 3 inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(2)(a)
- I3Reg. 14 in force at 1.10.1999, see reg. 1
- F2Reg. 16 added (1.5.2001) by The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001 (S.I. 2001/1186), regs. 1, 2(a)
- I4Reg. 4 in force at 1.10.1999, see reg. 1
- F3Words in reg. 13(2)(a) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(b)
- I5Reg. 2 in force at 1.10.1999, see reg. 1
- F4Words in reg. 3 inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(2)(b)
- I6Sch. 2 para. 2 in force at 1.10.1999, see reg. 1
- I7Reg. 15 in force at 1.10.1999, see reg. 1
- F5Words in reg. 3 inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(2)(c)
- F6Words in Sch. 1 Pt. 1 substituted (29.12.2003) by The Communications Act 2003 (Consequential Amendments No. 2) Order 2003 (S.I. 2003/3182), arts. 1, 2(2)
- I8Reg. 9 in force at 1.10.1999, see reg. 1
- F7Words in Sch. 1 substituted (1.4.2006) by The Unfair Terms in Consumer Contracts (Amendment) and Water Act 2003 (Transitional Provision) Regulations 2006 (S.I. 2006/523), regs. 1(2), 2(2) (with reg. 3)
- F8Sch. 1 Pt. 1 substituted (1.5.2001) by The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001 (S.I. 2001/1186), regs. 1, 2(b)
- I9Reg. 12 in force at 1.10.1999, see reg. 1
- F9Reg. 10 substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(3)
- I10Reg. 5 in force at 1.10.1999, see reg. 1
- F10Words in reg. 16 substituted (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 583
- I11Reg. 3 in force at 1.10.1999, see reg. 1
- I12Sch. 2 para. 1 in force at 1.10.1999, see reg. 1
- F11Reg. 11 omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(4)
- I13Reg. 6 in force at 1.10.1999, see reg. 1
- F12Words in reg. 13(1) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(a)
- I14Sch. 1 para. 11 in force at 1.10.1999, see reg. 1
- I15Reg. 1 in force at 1.10.1999, see reg. 1
- F13Reg. 5(6)(7) inserted (31.10.2004) by The Financial Services (Distance Marketing) Regulations 2004 (S.I. 2004/2095), regs. 1, 24(3)
- F14Words in reg. 13(1)(a) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(b)
- F15Reg. 3(1A)(1B) inserted (31.10.2004) by The Financial Services (Distance Marketing) Regulations 2004 (S.I. 2004/2095), regs. 1, 24(2)
- I16Reg. 7 in force at 1.10.1999, see reg. 1
- F16Words in reg. 13(2) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(c)
- F17Words in reg. 5(7) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 26(a)
- F18Words in reg. 16 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 26(b)
- F19Words in Sch. 1 para. 10 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 26(c)
- F20Reg. 8(3) inserted (19.8.2013) by The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865), regs. 1(1), 13(6)
- F21Word in reg. 3(1) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(2)(a) (with art. 3)
- F22Words in reg. 3(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(2)(b) (with art. 3)
- F23Words in reg. 10 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(3)(b) (with art. 3)
- F24Word in reg. 10(1)-(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(3)(a) (with art. 3)
- F25Word in reg. 12 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(4) (with art. 3)
- F26Word in reg. 13 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(d) (with art. 3)
- F27Word in reg. 13(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(a)(i) (with art. 3)
- F28Word in reg. 13(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(a)(ii) (with art. 3)
- F29Word in reg. 13(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(b)(i) (with art. 3)
- F30Word in reg. 13(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(b)(ii) (with art. 3)
- F31Word in reg. 13(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(c) (with art. 3)
- F32Word in reg. 14 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(6)(a) (with art. 3)
- F33Words in reg. 14 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(6)(b) (with art. 3)
- F34Word in reg. 15(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(a)(i) (with art. 3)
- F35Word in reg. 15(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(a)(ii) (with art. 3)
- F36Word in reg. 15(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(a)(iii) (with art. 3)
- F37Word in reg. 15(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(b)(i) (with art. 3)
- F38Word in reg. 15(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(b)(ii) (with art. 3)
- F39Word in reg. 15(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(c)(i) (with art. 3)
- F40Word in reg. 15(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(c)(ii) (with art. 3)
- F41Word in reg. 15(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(7)(c)(iii) (with art. 3)
- C1Regulations applied (temp.) (26.5.2015) by Consumer Rights Act 2015 (c. 15), ss. 91(8), 100(4)
- F42Regulations revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 34; S.I. 2015/1630, art. 3(g) (with savings in art. 6(1))
- 1
S.I. 1993/2661.
- 2
1972 c. 68.
- 3
S.I. 1994/3159.
- 4
Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No. 7/94 of the EEA Joint Committee which came into force on 1st July 1994, (O.J. No. L160, 28.6.94, p. 1). Council Directive 93/13/EEC was added to Annex XIX to the Agreement by Annex 17 to the said Decision No. 7/94.