UKPGA-2015-15 Consumer Rights Act 2015 UK

This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.

It applies whether the contract is written or oral or implied from the parties' conduct, or more than one of these combined.

Any of Chapters 2, 3 and 4 may apply to a contract—

In each case the Chapter applies even if the contract also covers something covered by another Chapter (a mixed contract).

Two or all three of those Chapters may apply to a mixed contract.

For provisions about particular mixed contracts, see—

For other provision applying to contracts to which this Part applies, see Part 2 (unfair terms).

These definitions apply in this Part (as well as the definitions in section 59).

“Trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual's trade, business, craft or profession must prove it.

For the purposes of Chapter 2, except to the extent mentioned in subsection (6), a person is not a consumer in relation to a sales contract if—

A person is a consumer in relation to such a contract for the purposes of—

“Business” includes the activities of any government department or local or public authority.

“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

“Digital content” means data which are produced and supplied in digital form.

This Chapter applies to a contract for a trader to supply goods to a consumer.

It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—

It does not apply—

A contract to which this Chapter applies is referred to in this Part as a “contract to supply goods”.

Contracts to supply goods include—

Subsection (1) is subject to any provision of this Chapter that applies a section or part of a section to only some of the kinds of contracts listed in subsection (2).

A mixed contract (see section 1(4)) may be a contract of any of those kinds.

In this Chapter ownership of goods means the general property in goods, not merely a special property.

For the time when ownership of goods is transferred, see in particular the following provisions of the Sale of Goods Act 1979 (which relate to contracts of sale)—

A contract is a sales contract if under it—

A contract is a sales contract (whether or not it would be one under subsection (1)) if under the contract—

A sales contract may be conditional (see section 3(5)), but in this Part “conditional sales contract” means a sales contract under which—and it makes no difference whether or not the consumer possesses the goods.

A contract is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.

But a contract is not for the hire of goods if it is a hire-purchase agreement.

A contract is a hire-purchase agreement if it meets the two conditions set out below.

The first condition is that under the contract goods are hired by the trader in return for periodical payments by the consumer (and “hired” is to be read in accordance with section 6(1)).

The second condition is that under the contract ownership of the goods will transfer to the consumer if the terms of the contract are complied with and—

But a contract is not a hire-purchase agreement if it is a conditional sales contract.

Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—

The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.

That includes, in particular, any public statement made in advertising or labelling.

But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—

In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

Subsection (3) also applies to a contract to supply goods if—

The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.

Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.

In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

A supply of goods is not prevented from being a supply by description just because—

Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

This section applies to any contract to supply goods.

Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in the contract.

This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

Every contract to which this section applies is to be treated as including a term that—

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.

Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer's attention before the consumer enters into the contract.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Goods do not conform to a contract to supply goods if—

See section 19 for the effect of goods not conforming to the contract.

Goods (whether or not they conform otherwise to a contract to supply goods) do not conform to it if—

See section 19 for the effect of goods not conforming to the contract.

Every contract to supply goods, except one within subsection (4), is to be treated as including a term—

Every contract to supply goods, except a contract for the hire of goods or a contract within subsection (4), is to be treated as including a term that—

Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract.

This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that the trader and the consumer intend the trader to transfer only—

Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract.

Every contract within subsection (4) is to be treated as including a term that the consumer's quiet possession of the goods—

If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that the consumer's quiet possession of the goods—

In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this.

See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or their fitness for any particular purpose, unless the term is expressly included in the contract.

Subsection (1) is subject to provision made by any other enactment (whenever passed or made).

In this section and sections 22 to 24 references to goods conforming to a contract are references to—

But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer's rights (and the provisions about them and when they are available) are—

If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer's rights (and the provisions about them and when they are available) are—

If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.

If the trader is in breach of the term that section 17(1) (right to supply etc) requires to be treated as included in the contract, the consumer has a right to reject (see section 20 for provisions about that right and when it is available).

Subsections (3) to (6) are subject to section 25 and subsections (3)(a) and (6) are subject to section 26.

Section 28 makes provision about remedies for breach of a term about the time for delivery of goods.

This Chapter does not prevent the consumer seeking other remedies—

Those other remedies may be ones—

Those other remedies include any of the following that is open to the consumer in the circumstances—

It is not open to the consumer to treat the contract as at an end for breach of a term that this Chapter requires to be treated as included in the contract, or on the grounds that, under section 15 or 16, goods do not conform to the contract, except as provided by subsections (3), (4) and (6).

In this Part, treating a contract as at an end means treating it as repudiated.

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Subsection (14) does not apply if—

The short-term right to reject is subject to section 22.

The final right to reject is subject to section 24.

The right to reject under section 19(6) is not limited by those sections.

Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

From the time when the right is exercised—

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

The consumer's entitlement to receive a refund works as follows.

To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.

To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.

If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

There is no entitlement to receive a refund—

It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund.

Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where—

The consumer is entitled, depending on the terms of the contract and the circumstances of the case—

If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—

If the consumer is entitled to reject the goods in an instalment, but does not reject all of those goods, the consumer—

If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.

A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

From the time when a consumer rejects goods under this section—

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning those goods in person to the place where the consumer took physical possession of them.

Section 20(10) to (17) apply to a consumer's right to receive a refund under this section (and in section 20(13) and (14) references to the contract being treated as at an end are to be read as references to goods being rejected).

That right does not apply—

It may be open to a consumer to claim damages where there is no right to receive a refund, or because of the limits of the right, or instead of a refund.

References in this section to goods conforming to a contract are to be read in accordance with section 19(1) and (2), but they also include the goods conforming to the terms described in section 17.

Where section 20(21)(a) applies the reference in subsection (1) to the consumer treating the contract as at an end is to be read as a reference to the consumer treating the severable obligation as at an end.

A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in relation to goods that are not of that kind).

Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in subsection (3)(a), (b) or (c) has happened.

If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

The waiting period—

This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

If the consumer requires the trader to repair or replace the goods, the trader must—

The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

The right to a price reduction is the right—

The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

Section 20(10) to (17) applies to a consumer's right to receive a refund under subsection (1)(b).

The right to a price reduction does not apply—

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

There has been a repair or replacement for the purposes of subsection (5)(a) if—

For the purposes of subsection (6) goods that the trader arranges to repair at the consumer's premises are made available when the trader indicates that the repairs are finished.

If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).

No deduction may be made to take account of use in any period when the consumer had the goods only because the trader failed to collect them at an agreed time.

No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

In subsection (10) the first 6 months means 6 months beginning with the first day after these have all happened—

In subsection (10)(a) “motor vehicle”—

But a vehicle is not a motor vehicle for the purposes of subsection (10)(a) if it is constructed or adapted—

An order under subsection (10)(b)—

No order may be made under subsection (10)(b) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer accepts them the consumer must pay for them at the contract rate.

Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply, the consumer may accept the goods included in the contract and reject the rest, or may reject all of the goods.

Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply and the consumer accepts all of the goods delivered, the consumer must pay for them at the contract rate.

Where the consumer is entitled to reject goods under this section, any entitlement for the consumer to treat the contract as at an end depends on the terms of the contract and the circumstances of the case.

The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

Subsections (1) to (3) do not prevent the consumer claiming damages, where it is open to the consumer to do so.

This section is subject to any usage of trade, special agreement, or course of dealing between the parties.

Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.

The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.

If the trader makes defective deliveries in respect of one or more instalments, the consumer, apart from any entitlement to claim damages, may be (but is not necessarily) entitled—

Whether paragraph (a) or (b) of subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.

In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 28.

If the consumer neglects or refuses to take delivery of or pay for one or more instalments, the trader may—

Whether paragraph (a) or (b) of subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.

Subsection (2) applies where—

The court may require the consumer—

This section applies to any sales contract.

Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

In this section—

Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

If the circumstances are that—then the consumer may treat the contract as at an end.

In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

If subsection (6) or (8) applies but the consumer does not treat the contract as at an end—

If any of the goods form a commercial unit, the consumer cannot reject or cancel the order for some of those goods without also rejecting or cancelling the order for the rest of them.

A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

This section does not prevent the consumer seeking other remedies where it is open to the consumer to do so.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

A sales contract is to be treated as including the following provisions as terms.

The goods remain at the trader's risk until they come into the physical possession of—

Subsection (2) does not apply if the goods are delivered to a carrier who—

In that case the goods are at the consumer's risk on and after delivery to the carrier.

Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

See section 2(5) and (6) for the application of this section where goods are sold at public auction.

This section applies where—

“Guarantee” here means an undertaking to the consumer given without extra charge by a person acting in the course of the person's business (the “guarantor”) that, if the goods do not meet the specifications set out in the guarantee statement or in any associated advertising—

The guarantee takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the guarantee statement and in any associated advertising.

The guarantor must ensure that—

The contents of the guarantee to be set out in it include, in particular—

The guarantor and any other person who offers to supply to consumers the goods which are the subject of the guarantee must, on request by the consumer, make the guarantee available to the consumer within a reasonable time, in writing and in a form accessible to the consumer.

What is a reasonable time is a question of fact.

If a person fails to comply with a requirement of this section, the enforcement authority may apply to the court for an injunction or (in Scotland) an order of specific implement against that person requiring that person to comply.

On an application the court may grant an injunction or (in Scotland) an order of specific implement on such terms as it thinks appropriate.

In this section—“court” means—in relation to England and Wales, the High Court or the county court, in relation to Northern Ireland, the High Court or a county court, and in relation to Scotland, the Court of Session or the sheriff;“enforcement authority” means—the Competition and Markets Authority, a local weights and measures authority in Great Britain, and the Department of Enterprise, Trade and Investment in Northern Ireland.

A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions—

That also means that a term of a contract to supply goods is not binding on the consumer to the extent that it would—

The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

Subsection (1)(i), and subsection (2) so far as it relates to liability under section 17, do not apply to a term of a contract for the hire of goods.

But an express term of a contract for the hire of goods is not binding on the consumer to the extent that it would exclude or restrict a term that section 17 requires to be treated as included in the contract, unless it is inconsistent with that term (and see also section 62 (requirement for terms to be fair)).

See Schedule 3 for provision about the enforcement of this section.

If—this Chapter, except the provisions in subsection (2), applies despite that choice.

The exceptions are—

For cases where those provisions apply, or where the law applicable has not been chosen ..., see Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations as that Regulation has effect as assimilated direct legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 and regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the case is one in respect of which Regulation(EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case see that Regulation as it has effect by virtue of that Article.

This Chapter applies to a contract for a trader to supply digital content to a consumer, if it is supplied or to be supplied for a price paid by the consumer.

This Chapter also applies to a contract for a trader to supply digital content to a consumer, if—

The references in subsections (1) and (2) to the consumer paying a price include references to the consumer using, by way of payment, any facility for which money has been paid.

A trader does not supply digital content to a consumer for the purposes of this Part merely because the trader supplies a service by which digital content reaches the consumer.

The Secretary of State may by order provide for this Chapter to apply to other contracts for a trader to supply digital content to a consumer, if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to consumers under contracts of the kind to which the order relates.

An order under subsection (5)—

A contract to which this Chapter applies is referred to in this Part as a “contract to supply digital content”.

This section, other than subsection (4), does not limit the application of section 46.

The power to make an order under subsection (5) is exercisable by statutory instrument.

No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Every contract to supply digital content is to be treated as including a term that the quality of the digital content is satisfactory.

The quality of digital content is satisfactory if it meets the standard that a reasonable person would consider satisfactory, taking account of—

The quality of digital content includes its state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of digital content—

The term mentioned in subsection (1) does not cover anything which makes the quality of the digital content unsatisfactory—

The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the digital content made by the trader, the producer or any representative of the trader or the producer.

That includes, in particular, any public statement made in advertising or labelling.

But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—

In a contract to supply digital content a term about the quality of the digital content may be treated as included as a matter of custom.

See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.

Subsection (3) also applies to a contract to supply digital content if—

The contract is to be treated as including a term that the digital content is reasonably fit for that purpose, whether or not that is a purpose for which digital content of that kind is usually supplied.

Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.

A contract to supply digital content may be treated as making provision about the fitness of the digital content for a particular purpose as a matter of custom.

See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Every contract to supply digital content is to be treated as including a term that the digital content will match any description of it given by the trader to the consumer.

Where the consumer examines a trial version before the contract is made, it is not sufficient that the digital content matches (or is better than) the trial version if the digital content does not also match any description of it given by the trader to the consumer.

Any information that is provided by the trader about the digital content that is information mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 (main characteristics, functionality and compatibility) to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

This section applies to any contract to supply digital content.

Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the digital content and mentioned in paragraph (a), (j) or (k) of Schedule 1 or paragraph (a), (v) or (w) of Schedule 2 to the Regulations (main characteristics, functionality and compatibility) is to be treated as included as a term of the contract.

A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Except as provided by sections 34 and 35, a contract to supply digital content is not to be treated as including any term about the quality of the digital content or its fitness for any particular purpose, unless the term is expressly included in the contract.

Subsection (1) is subject to provision made by any other enactment, whenever passed or made.

Subsection (2) applies where there is a contract to supply digital content and the consumer's access to the content on a device requires its transmission to the device under arrangements initiated by the trader.

For the purposes of this Chapter, the digital content is supplied—

Subsections (5) to (7) apply where—

A processing facility is a facility by which T or another trader will receive digital content from the consumer and transmit digital content to the consumer (whether or not other features are to be included under the contract).

The contract is to be treated as including a term that the processing facility (with any feature that the facility is to include under the contract) must be available to the consumer for a reasonable time, unless a time is specified in the contract.

The following provisions apply to all digital content transmitted to the consumer on each occasion under the facility, while it is provided under the contract, as they apply to the digital content first supplied—

Breach of a term treated as included under subsection (5) has the same effect as breach of a term treated as included under those sections (see section 42).

Where under a contract a trader supplies digital content to a consumer subject to the right of the trader or a third party to modify the digital content, the following provisions apply in relation to the digital content as modified as they apply in relation to the digital content as supplied under the contract—

Subsection (1)(c) does not prevent the trader from improving the features of, or adding new features to, the digital content, as long as—

A claim on the grounds that digital content does not conform to a term described in any of the sections listed in subsection (1) as applied by that subsection is to be treated as arising at the time when the digital content was supplied under the contract and not the time when it is modified.

Every contract to supply digital content is to be treated as including a term—

See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

In this section and section 43 references to digital content conforming to a contract are references to the digital content conforming to the terms described in sections 34, 35 and 36.

If the digital content does not conform to the contract, the consumer's rights (and the provisions about them and when they are available) are—

Section 16 also applies if an item including the digital content is supplied.

If the trader is in breach of a term that section 37 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid for the digital content or for any facility within section 33(3) used by the consumer.

If the trader is in breach of the term that section 41(1) (right to supply the content) requires to be treated as included in the contract, the consumer has the right to a refund (see section 45 for provisions about that right and when it is available).

This Chapter does not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (2), (4) or (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

Those other remedies include any of the following that is open to the consumer in the circumstances—

It is not open to the consumer to treat the contract as at an end for breach of a term to which any of subsections (2), (4) or (5) applies.

For the purposes of subsection (2), digital content which does not conform to the contract at any time within the period of six months beginning with the day on which it was supplied must be taken not to have conformed to the contract when it was supplied.

Subsection (9) does not apply if—

This section applies if the consumer has the right to repair or replacement.

If the consumer requires the trader to repair or replace the digital content, the trader must—

The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—

Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).

A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).

In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.

The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

The amount of the reduction may, where appropriate, be the full amount of the price.

A consumer who has that right may only exercise it in one of these situations—

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).

If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.

A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

This section applies if—

If the consumer requires the trader to provide a remedy under this section, the trader must either—

To repair the damage in accordance with this subsection, the trader must—

Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

A compensation payment under this section must be made without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to the payment.

The trader must not impose any fee on the consumer in respect of the payment.

A consumer with a right to a remedy under this section may bring a claim in civil proceedings to enforce that right.

The Limitation Act 1980 and the Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (NI 11)) apply to a claim under this section as if it were an action founded on simple contract.

The Prescription and Limitation (Scotland) Act 1973 applies to a right to a remedy under this section as if it were an obligation to which section 6 of that Act applies.

A term of a contract to supply digital content is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions—

That also means that a term of a contract to supply digital content is not binding on the consumer to the extent that it would—

The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

See Schedule 3 for provision about the enforcement of this section.

For provision limiting the ability of a trader under a contract within section 46 to exclude or restrict the trader's liability under that section, see section 62.

This Chapter applies to a contract for a trader to supply a service to a consumer.

That does not include a contract of employment or apprenticeship.

In relation to Scotland, this Chapter does not apply to a gratuitous contract.

This Chapter does not apply to anything that is governed by Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation(EC) No 2006/2004.

A contract to which this Chapter applies is referred to in this Part as a “contract to supply a service”.

The Secretary of State may by order made by statutory instrument provide that a provision of this Chapter does not apply in relation to a service of a description specified in the order.

The power in subsection (5) includes power to provide that a provision of this Chapter does not apply in relation to a service of a description specified in the order in the circumstances so specified.

An order under subsection (5) may contain transitional or transitory provision or savings.

No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

See section 54 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—

Anything taken into account by the consumer as mentioned in subsection (1)(a) or (b) is subject to—

Without prejudice to subsection (1), any information provided by the trader in accordance with regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

A change to any of the information mentioned in subsection (3), made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

See section 54 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

This section applies to a contract to supply a service if—

In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

What is a reasonable price is a question of fact.

This section applies to a contract to supply a service, if—

In that case the contract is to be treated as including a term that the trader must perform the service within a reasonable time.

What is a reasonable time is a question of fact.

See section 54 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Nothing in this Chapter affects any enactment or rule of law that imposes a stricter duty on the trader.

This Chapter is subject to any other enactment which defines or restricts the rights, duties or liabilities arising in connection with a service of any description.

The consumer's rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those are not inconsistent.

In this section and section 55 a reference to a service conforming to a contract is a reference to—

If the service does not conform to the contract, the consumer's rights (and the provisions about them and when they are available) are—

If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

Those other remedies include any of the following that is open to the consumer in the circumstances—

The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

If the consumer requires such repeat performance, the trader—

The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

The amount of the reduction may, where appropriate, be the full amount of the price.

A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

The trader must not impose any fee on the consumer in respect of the refund.

A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 49 (service to be performed with reasonable care and skill).

Subject to section 50(2), a term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 50 (information about trader or service to be binding).

A term of a contract to supply services is not binding on the consumer to the extent that it would restrict the trader's liability arising under any of sections 49 and 50 and, where they apply, sections 51 and 52 (reasonable price and reasonable time), if it would prevent the consumer in an appropriate case from recovering the price paid or the value of any other consideration. (If it would not prevent the consumer from doing so, Part 2 (unfair terms) may apply.)

That also means that a term of a contract to supply services is not binding on the consumer to the extent that it would —

The references in subsections (1) to (3) to excluding or restricting a liability also include preventing an obligation or duty arising or limiting its extent.

An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.

See Schedule 3 for provision about the enforcement of this section.

In any proceedings in which a remedy is sought by virtue of section 19(3) or (4), 42(2) or 54(3), the court, in addition to any other power it has, may act under this section.

On the application of the consumer the court may make an order requiring specific performance or, in Scotland, specific implement by the trader of any obligation imposed on the trader by virtue of section 23, 43 or 55.

Subsection (4) applies if—

The court may proceed as if the consumer had exercised that other right.

If the consumer has claimed to exercise the final right to reject, the court may order that any reimbursement to the consumer is reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered.

Any deduction for use is limited as set out in section 24(9) and (10).

The court may make an order under this section unconditionally or on such terms and conditions as to damages, payment of the price and otherwise as it thinks just.

The “relevant remedies provisions” are—

These definitions apply in this Part (as well as the key definitions in section 2)—“conditional sales contract” has the meaning given in section 5(3);“Consumer Rights Directive” means Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;“credit-broker” means a person acting in the course of a business of credit brokerage carried on by that person;“credit brokerage” means—introducing individuals who want to obtain credit to persons carrying on any business so far as it relates to the provision of credit, introducing individuals who want to obtain goods on hire to persons carrying on a business which comprises or relates to supplying goods under a contract for the hire of goods, or introducing individuals who want to obtain credit, or to obtain goods on hire, to other persons engaged in credit brokerage;“delivery” means voluntary transfer of possession from one person to another;“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment contained in, or in an instrument made under, Northern Ireland legislation;“producer”, in relation to goods or digital content, means—the manufacturer, the importer into the United Kingdom, or any person who purports to be a producer by placing the person's name, trade mark or other distinctive sign on the goods or using it in connection with the digital content.

References in this Part to treating a contract as at an end are to be read in accordance with section 19(13).

This Part applies to a contract between a trader and a consumer.

This does not include a contract of employment or apprenticeship.

A contract to which this Part applies is referred to in this Part as a “consumer contract”.

This Part applies to a notice to the extent that it—

This does not include a notice relating to rights, obligations or liabilities as between an employer and an employee.

It does not matter for the purposes of subsection (4) whether the notice is expressed to apply to a consumer, as long as it is reasonable to assume it is intended to be seen or heard by a consumer.

A notice to which this Part applies is referred to in this Part as a “consumer notice”.

In this section “notice” includes an announcement, whether or not in writing, and any other communication or purported communication.

An unfair term of a consumer contract is not binding on the consumer.

An unfair consumer notice is not binding on the consumer.

This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

Whether a term is fair is to be determined—

A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.

Whether a notice is fair is to be determined—

This section does not affect the operation of—

Part 1 of Schedule 2 contains an indicative and non-exhaustive list of terms of consumer contracts that may be regarded as unfair for the purposes of this Part.

Part 1 of Schedule 2 is subject to Part 2 of that Schedule; but a term listed in Part 2 of that Schedule may nevertheless be assessed for fairness under section 62 unless section 64 or 73 applies to it.

The Secretary of State may by order made by statutory instrument amend Schedule 2 so as to add, modify or remove an entry in Part 1 or Part 2 of that Schedule.

An order under subsection (3) may contain transitional or transitory provision or savings.

No order may be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

A term of a consumer contract must be regarded as unfair if it has the effect that the consumer bears the burden of proof with respect to compliance by a distance supplier or an intermediary with an obligation under any enactment or rule implementing the Distance Marketing Directive.

In subsection (6)—“the Distance Marketing Directive” means Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC;“distance supplier” means—a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004 (SI 2004/2095), or a supplier of unsolicited financial services within the meaning of regulation 15 of those regulations;“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;“intermediary” has the same meaning as in the Financial Services (Distance Marketing) Regulations 2004;“rule” means a rule made by the Financial Conduct Authority or the Prudential Regulation Authority under the Financial Services and Markets Act 2000 or by a designated professional body within the meaning of section 326(2) of that Act.

A term of a consumer contract may not be assessed for fairness under section 62 to the extent that—

Subsection (1) excludes a term from an assessment under section 62 only if it is transparent and prominent.

A term is transparent for the purposes of this Part if it is expressed in plain and intelligible language and (in the case of a written term) is legible.

A term is prominent for the purposes of this section if it is brought to the consumer's attention in such a way that an average consumer would be aware of the term.

In subsection (4) “average consumer” means a consumer who is reasonably well-informed, observant and circumspect.

This section does not apply to a term of a contract listed in Part 1 of Schedule 2.

A trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from negligence.

Where a term of a consumer contract, or a consumer notice, purports to exclude or restrict a trader's liability for negligence, a person is not to be taken to have voluntarily accepted any risk merely because the person agreed to or knew about the term or notice.

In this section “personal injury” includes any disease and any impairment of physical or mental condition.

In this section “negligence” means the breach of—

It is immaterial for the purposes of subsection (4)—

This section is subject to section 66 (which makes provision about the scope of this section).

Section 65 does not apply to—

Section 65 does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that person of compensation in settlement of any claim the person has.

Section 65 does not—

Section 65 does not apply to the liability of an occupier of premises to a person who obtains access to the premises for recreational purposes if—

A trader must ensure that a written term of a consumer contract, or a consumer notice in writing, is transparent.

A consumer notice is transparent for the purposes of subsection (1) if it is expressed in plain and intelligible language and it is legible.

If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Subsection (1) does not apply to the construction of a term or a notice in proceedings on an application for an injunction or interdict under paragraph 3 of Schedule 3.

Schedule 3 confers functions on the Competition and Markets Authority and other regulators in relation to the enforcement of this Part.

For provision about the investigatory powers that are available to those regulators for the purposes of that Schedule, see Schedule 5.

Subsection (2) applies to proceedings before a court which relate to a term of a consumer contract.

The court must consider whether the term is fair even if none of the parties to the proceedings has raised that issue or indicated that it intends to raise it.

But subsection (2) does not apply unless the court considers that it has before it sufficient legal and factual material to enable it to consider the fairness of the term.

This section applies if a term of a contract (“the secondary contract”) reduces the rights or remedies or increases the obligations of a person under another contract (“the main contract”).

The term is subject to the provisions of this Part that would apply to the term if it were in the main contract.

It does not matter for the purposes of this section—

This section does not apply if the secondary contract is a settlement of a claim arising under the main contract.

This Part does not apply to a term of a contract, or to a notice, to the extent that it reflects—

In subsection (1) “mandatory statutory or regulatory provisions” includes rules which, according to law, apply between the parties on the basis that no other arrangements have been established.

If—this Part applies despite that choice.

For cases where the law applicable has not been chosen ..., see Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations as that Regulation has effect as assimilated direct legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 and regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the case is one in respect of which Regulation(EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case see that Regulation as it has effect by virtue of that Article.

In this Part—“consumer contract” has the meaning given by section 61(3);“consumer notice” has the meaning given by section 61(7);“transparent” is to be construed in accordance with sections 64(3) and 68(2).

The following have the same meanings in this Part as they have in Part 1—“trader” (see section 2(2));“consumer” (see section 2(3));“goods” (see section 2(8));“digital content” (see section 2(9)).

Section 2(4) (trader who claims an individual is not a consumer must prove it) applies in relation to this Part as it applies in relation to Part 1.

Schedule 5 (investigatory powers etc) has effect.

Schedule 6 (investigatory powers: consequential amendments) has effect.

In the Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), Schedule 5 (application to bread) is amended in accordance with subsections (2) and (3).

For paragraph 9 substitute—

After paragraph 13 insert—

The use of this Act to make amendments to the Weights and Measures (Packaged Goods) Regulations 2006 has no effect on the availability of any power in the Weights and Measures Act 1985 to amend or revoke those Regulations, including the provision substituted by subsection (2) and that inserted by subsection (3).

In the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331), Schedule 5 (application to bread) is amended in accordance with subsections (6) and (7).

For paragraph 9 substitute—

After paragraph 13 insert—

The use of this Act to make amendments to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 has no effect on the availability of any power in the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10)) to amend or revoke those Regulations, including the provision substituted by subsection (6) and that inserted by subsection (7).

Schedule 7 contains amendments of Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation).

The amendments have effect only in relation to conduct which occurs, or which is likely to occur, after the commencement of this section.

In section 120(3) of the Communications Act 2003 (conditions under section 120 must require compliance with directions given in accordance with an approved code or with an order under section 122) before paragraph (a) insert—.

In section 121(5) of that Act (provision about enforcement that may be made by approved code) after paragraph (a) insert—.

Section 123 of that Act (enforcement by OFCOM of conditions under section 120) is amended as follows.

After subsection (1) insert—

In subsection (2) (maximum amount of penalty) for “the penalty” substitute “ each penalty ”.

In section 12(2) of the Enterprise Act 2002 (constitution of the Competition Appeal Tribunal) after paragraph (a) insert—.

In section 14 of that Act (constitution of the Competition Appeal Tribunal for particular proceedings and its decisions)—

In Schedule 4 (Tribunal procedure) to that Act, in paragraph 18(3)(b) (consequences of member of Tribunal being unable to continue) after “if that person is not” insert “ a judge within any of paragraphs (aa) to (ac) of section 12(2) or ”.

A letting agent must, in accordance with this section, publicise details of the agent's relevant fees.

The agent must display a list of the fees—

The agent must publish a list of the fees on the agent's website (if it has a website).

Subsection (3C) applies to an agent who—

Subsection (3C) also applies to an agent who, on a third party website, advertises letting agency work carried on by the agent in relation to dwelling houses in England.

The agent must ensure that—

A list of fees displayed or published in accordance with subsection (2) , (3) or (3C) must include—

Subsections (6) and (7) apply to a letting agent engaging in letting agency or property management work in relation to dwelling-houses in England.

If the agent is required to be a member of a client money protection scheme for the purposes of that work, the duty imposed on the agent by subsection (2) , (3) or (3C) includes a duty to display or publish, with the list of fees, a statement that—

If the agent is required to be a member of a redress scheme for dealing with complaints in connection with that work, the duty imposed on the agent by subsection (2) , (3) or (3C) includes a duty to display or publish, with the list of fees, a statement—

The appropriate national authority may by regulations specify—

In this section—“client money protection scheme” means a scheme which enables a person on whose behalf a letting agent holds money to be compensated if all or part of that money is not repaid to that person in circumstances where the scheme applies;“redress scheme” means a redress scheme for which provision is made by order under section 83 or 84 of the Enterprise and Regulatory Reform Act 2013.“third party website”, in relation to a letting agent, means a website other than the agent's website.

In this Chapter “letting agent” means a person who engages in letting agency work (whether or not that person engages in other work).

A person is not a letting agent for the purposes of this Chapter if the person engages in letting agency work in the course of that person's employment under a contract of employment.

A person is not a letting agent for the purposes of this Chapter if—

In this Chapter “relevant fees”, in relation to a letting agent, means the fees, charges or penalties (however expressed) payable to the agent by a landlord or tenant—

Subsection (1) does not apply to—

In this Chapter “letting agency work” means things done by a person in the course of a business in response to instructions received from—

But “letting agency work” does not include any of the following things when done by a person who does nothing else within subsection (1)—

“Letting agency work” also does not include things done by a local authority.

In this Chapter “property management work”, in relation to a letting agent, means things done by the agent in the course of a business in response to instructions received from another person where—

It is the duty of every local weights and measures authority in England and Wales to enforce the provisions of this Chapter in its area.

The duty in subsection (1) is subject to section 26 (enforcement by the lead enforcement authority) of the Tenant Fees Act 2019.

If a letting agent breaches the duty in section 83(3) (duty to publish list of fees etc on agent's website), that breach is taken to have occurred in each area of a local weights and measures authority in England and Wales in which a dwelling-house to which the fees relate is located.

If a letting agent breaches the duty in section 83(3C) (duty to publish list of fees etc on third party website), that breach is taken to have occurred in each area of a local weights and measures authority in England in which a dwelling-house to which the fees relate is located.

Where a local weights and measures authority in England and Wales is satisfied on the balance of probabilities that a letting agent has breached a duty imposed by or under section 83, the authority may impose a financial penalty on the agent in respect of that breach.

A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority's area (as well as in respect of a breach which occurs within that area).

But a local weights and measures authority in England and Wales may impose a penalty in respect of a breach which occurs outside its area and in the area of a local weights and measures authority in Wales only if it has obtained the consent of that authority.

Only one penalty under this section may be imposed on the same letting agent in respect of the same breach , subject to subsection (6A).

More than one penalty may be imposed on the same letting agent by a local weights and measures authority in England in respect of a breach which occurs in England where—

Subsection (6A) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

In subsections (6A) and (6B) “final notice” has the meaning given by paragraph 3(2) of Schedule 9.

The amount of a financial penalty imposed under this section—

Schedule 9 (procedure for and appeals against financial penalties) has effect.

A local weights and measures authority in England must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) about—

A local weights and measures authority in Wales must have regard to any guidance issued by the Welsh Ministers about—

The Secretary of State may by regulations made by statutory instrument—

The Welsh Ministers may by regulations made by statutory instrument—

For provisions about enforcement of this Chapter by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.

In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.

In this Chapter—“the appropriate national authority” means—in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers;“assured tenancy” means a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—the landlord is—a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease;“contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)(see section 7 of that Act) and includes a person who proposes to be a contract-holder under an occupation contract because the occupation contract has come to an end;“dwelling-house” may be a house or part of a house;“fully mutual housing association” has the same meaning as in Part 1 of the Housing Associations Act 1985 (see section 1(1) and (2) of that Act);“landlord” includes a person who proposes to be a landlord under a tenancy or an occupation contract and a person who has ceased to be a landlord under a tenancy or an occupation contract because the tenancy has come to an end;“long lease” means a lease which—in relation to England—is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), or in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within sub-paragraph (a)(i) of this definition if the tenant’s total share (within the meaning given by that section) were 100%; in relation to Wales, falls within the definition of “long tenancy” given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1).“occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act) except where—the landlord is—a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease;“registered social landlord” means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996;“tenant” includes a person who proposes to be a tenant under a tenancy and a person who has ceased to be a tenant under a tenancy because the tenancy has come to an end.

In this Chapter “local authority” means—

References in this Chapter to a tenancy or occupation contract include a proposed tenancy or occupation contract and a tenancy or occupation contract that has come to an end.

References in this Chapter to anything which is payable, or which a person is liable to pay, to a letting agent include anything that the letting agent claims a person is liable to pay, regardless of whether the person is in fact liable to pay it.

Regulations under this Chapter are to be made by statutory instrument.

A statutory instrument containing (whether alone or with other provision) regulations made by the Secretary of State under section 87(11) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing (whether alone or with other provision) regulations made by the Welsh Ministers under section 87(12) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

A statutory instrument containing regulations made by the Secretary of State under this Chapter other than one to which subsection (6) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under this Chapter other than one to which subsection (7) applies is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Regulations under this Chapter—

Regulations under this Chapter may include incidental, supplementary, consequential, transitional, transitory or saving provision.

The Higher Education Act 2004 is amended as follows.

In section 11 (qualifying institutions for the purposes of the student complaints scheme) after paragraph (d) insert—

In section 12 (qualifying complaints for the purposes of the student complaints scheme)—

This section applies where a person (“the seller”) re-sells a ticket for a recreational, sporting or cultural event in the United Kingdom through a secondary ticketing facility.

The seller and each operator of the facility must ensure that the person who buys the ticket (“the buyer”) is given the information specified in subsection (3), where this is applicable to the ticket.

That information is—

The reference in subsection (3)(a) to information necessary to enable the buyer to identify a seat or standing area at a venue includes, so far as applicable—

The reference in subsection (3)(c) to the face value of the ticket is to the amount stated on the ticket as its price.

The seller and each operator of the facility must ensure that the buyer is given the information specified in subsection (7), where the seller is—

That information is a statement that the seller of the ticket is a person within subsection (6) which specifies the ground on which the seller falls within that subsection.

Information required by this section to be given to the buyer must be given—

This section applies in relation to the re-sale of a ticket through a secondary ticketing facility only if the ticket is first offered for re-sale through the facility after the coming into force of this section.

This section applies where a person (“the seller”) re-sells, or offers for re-sale, a ticket for a recreational, sporting or cultural event in the United Kingdom through a secondary ticketing facility.

An organiser of the event must not cancel the ticket merely because the seller has re-sold the ticket or offered it for re-sale unless—

An organiser of the event must not blacklist the seller merely because the seller has re-sold the ticket or offered it for re-sale unless—

In subsections (2) and (3) “the original contract” means the contract for the sale of the ticket by an organiser of the event to a person other than an organiser of the event.

For the purposes of this section an organiser of an event cancels a ticket if the organiser takes steps which result in the holder for the time being of the ticket no longer being entitled to attend that event.

For the purposes of this section an organiser of an event blacklists a person if the organiser takes steps—

Part 2 (unfair terms) may apply to a term of a contract which, apart from that Part, would permit the cancellation of a ticket for a recreational, sporting or cultural event in the United Kingdom, or the blacklisting of the seller of such a ticket, in circumstances other than those mentioned in subsection (2) or (3).

Before the coming into force of Part 2, references to that Part in this section are to be read as references to the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).

This section applies in relation to a ticket that is re-sold or offered for re-sale before or after the coming into force of this section; but the prohibition in this section applies only to things done after its coming into force.

This section applies where—

The operator must, as soon as the operator becomes aware that a person has used or is using the facility as mentioned in subsection (1), disclose the matters specified in subsection (3) to—

Those matters are—

The following are appropriate persons for the purposes of this section—

This section does not require an operator to make a disclosure to an organiser of an event if the operator has reasonable grounds for believing that to do so will prejudice the investigation of any offence.

References in this section to an offence are to an offence under the law of any part of the United Kingdom.

This section applies only in relation to an offence of which an operator becomes aware after the coming into force of this section.

A local weights and measures authority in Great Britain may enforce the provisions of this Chapter in its area.

The Department of Enterprise, Trade and Investment may enforce the provisions of this Chapter in Northern Ireland.

The Competition and Markets Authority may also enforce the provisions of this Chapter.

Each of the bodies referred to in subsections (1) , (2) and (2A) is an “enforcement authority” for the purposes of this Chapter.

Where an enforcement authority is satisfied on the balance of probabilities that a person has breached a duty or prohibition imposed by this Chapter, the authority may impose a financial penalty on the person in respect of that breach.

But in the case of a breach of a duty in section 90 or a prohibition in section 91 an enforcement authority may not impose a financial penalty on a person (“P”) if the authority is satisfied on the balance of probabilities that—

A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority's area (as well as in respect of a breach which occurs within that area).

A local weights and measures authority in Scotland may impose a penalty under this section in respect of a breach which occurs in Scotland but outside that authority's area (as well as in respect of a breach which occurs within that area).

Only one penalty under this section may be imposed on the same person in respect of the same breach.

The amount of a financial penalty imposed under this section—

Schedule 10 (procedure for and appeals against financial penalties) has effect.

References in this section to this Chapter do not include section 94.

The Secretary of State must—

The report must be published before the end of the period of 12 months beginning with the day on which this section comes into force.

The Secretary of State must lay the report before Parliament.

In this section “consumer protection measures” includes such legislation, rules of law, codes of practice and guidance as the Secretary of State considers relate to the rights of consumers or the protection of their interests.

In this Chapter—“enforcement authority” has the meaning given by section 93(3);“operator”, in relation to a secondary ticketing facility, means a person who—exercises control over the operation of the facility, and receives revenue from the facility, but this is subject to regulations under subsection (2);“organiser”, in relation to an event, means a person who—is responsible for organising or managing the event, or receives some or all of the revenue from the event;“parent undertaking” has the meaning given by section 1162 of the Companies Act 2006;“secondary ticketing facility” means an internet-based facility for the re-sale of tickets for recreational, sporting or cultural events;“subsidiary undertaking” has the meaning given by section 1162 of the Companies Act 2006;“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006.

The Secretary of State may by regulations provide that a person of a description specified in the regulations is or is not to be treated for the purposes of this Chapter as an operator in relation to a secondary ticketing facility.

Regulations under subsection (2)—

A statutory instrument containing regulations under subsection (2) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

The Secretary of State may by order made by statutory instrument make provision in consequence of this Act.

The power conferred by subsection (1) includes power—

A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals, revokes or otherwise modifies any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing an order under this section which does not amend, repeal, revoke or otherwise modify any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

In this section—“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation.

The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act other than the coming into force of Chapter 3 or 4 of this Part in relation to Wales.

The Welsh Ministers may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of Chapter 3 or 4 of this Part in relation to Wales.

The amendment, repeal or revocation of any provision by this Act has the same extent as the provision concerned.

Section 27 extends only to Scotland.

Chapter 3 of this Part extends only to England and Wales.

Subject to that, this Act extends to England and Wales, Scotland and Northern Ireland.

The provisions of this Act listed in subsection (2) come into force on the day on which this Act is passed.

Those provisions are—

Chapters 3 and 4 of this Part come into force—

Chapter 5 of this Part comes into force at the end of the period of two months beginning with the day on which this Act is passed.

The other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

An order under this section may appoint different days for different purposes.

Section 10 (implied undertakings as to quality or fitness) is amended as follows.

Omit subsections (2D) to (2F).

Omit subsection (8).

Section 11A (modification of remedies for breach of statutory condition in non-consumer cases) is amended as follows.

In subsection (1) omit “then, if the person to whom the goods are bailed does not deal as consumer,”.

In subsection (3), for paragraph (b) substitute—

Omit subsection (4).

Section 15 (supplementary) is amended as follows.

In subsection (1)—

Omit subsection (3).

Section 14 (implied terms about quality or fitness) is amended as follows.

Omit subsections (2D) to (2F).

After subsection (8) insert—

Section 15B (remedies for breach of contract as respects Scotland) is amended as follows.

After subsection (1) insert—

Omit subsection (2).

In section 20 (passing of risk), for subsection (4) substitute—

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.

Section 30 (delivery of wrong quantity) is amended as follows.

In subsection (2A) omit “who does not deal as consumer”.

After subsection (5) insert—

Section 33 (risk where goods are delivered at distant place) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 34 (buyer's right of examining the goods) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 35 (acceptance) is amended as follows.

Omit subsection (3).

After subsection (8) insert—

Section 36 (buyer not bound to return rejected goods) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 54 (interest) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 58 (payment into court in Scotland) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 61 (interpretation) is amended as follows.

In subsection (1) omit the following definitions—

Omit subsection (5A).

Section 18 (interpretation: general) is amended as follows.

In subsection (1) omit the definitions of “producer” and “repair”.

Omit subsection (4).

A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).

If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—

A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in—

A term or notice falls within this sub-paragraph if it is unfair to any extent.

A term within paragraph 1(1)(b) or (c) (but not within paragraph 1(1)(a)) is to be treated for the purposes of section 62(4) and (5) (assessment of fairness) as if it were a term of a contract.

A term or notice falls within this sub-paragraph if it breaches section 68 (requirement for transparency).

A regulator may apply for an injunction or interdict under this paragraph in relation to a term or notice whether or not it has received a relevant complaint about the term or notice.

Before making an application under paragraph 3, a regulator other than the CMA must notify the CMA that it intends to do so.

The regulator may make the application only if—

On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it thinks appropriate.

On an application for an interdict under paragraph 3, the court may grant an interdict on such conditions, and against such of the defenders, as it thinks appropriate.

The injunction or interdict may include provision about—

It is not a defence to an application under paragraph 3 to show that, because of a rule of law, a term to which the application relates is not, or could not be, an enforceable contract term.

If a regulator other than the CMA makes the application, it must notify the CMA of—

A regulator may accept an undertaking from a person against whom it has applied, or thinks it is entitled to apply, for an injunction or interdict under paragraph 3.

The undertaking may provide that the person will comply with the conditions that are agreed between the person and the regulator about the use of terms or notices, or terms or notices of a kind, specified in the undertaking.

If a regulator other than the CMA accepts an undertaking, it must notify the CMA of—

The CMA must arrange the publication of details of—

The CMA must respond to a request whether a term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction, interdict or undertaking under this Schedule.

Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction or interdict under this Schedule, the CMA must give the person making the request a copy of the injunction or interdict.

Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an undertaking under this Schedule, the CMA must give the person making the request—

The CMA may arrange the publication of advice and information about the provisions of this Part.

In this paragraph—

In this Schedule “regulator” means—

The Secretary of State may by order made by statutory instrument amend sub-paragraph (1) so as to add, modify or remove an entry.

An order under sub-paragraph (2) may amend sub-paragraph (1) so as to add a body that is not a public authority only if the Secretary of State thinks that the body represents the interests of consumers (or consumers of a particular description).

The Secretary of State must publish (and may from time to time vary) other criteria to be applied by the Secretary of State in deciding whether to add an entry to, or remove an entry from, sub-paragraph (1).

An order under sub-paragraph (2) may make consequential amendments to this Schedule (including with the effect that any of its provisions apply differently, or do not apply, to a body added to sub-paragraph (1)).

An order under sub-paragraph (2) may contain transitional or transitory provision or savings.

No order may be made under sub-paragraph (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

In this paragraph “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.

At the beginning insert “ (1) ”.

At the end insert—

Section 3 (liability arising in contract) is amended as follows.

In subsection (1) omit “as consumer or”.

After subsection (2) insert—

Section 6 (sale and hire-purchase) is amended as follows.

After subsection (1) insert—

Omit subsections (2) and (3).

After subsection (4) insert—

Section 7 (miscellaneous contracts under which goods pass) is amended as follows.

After subsection (1) insert—

Omit subsections (2) and (3).

After subsection (4) insert—

Section 15 (scope of Part 2) is amended as follows.

In subsection (2) for “to 18” substitute “ and 17 ”.

In subsection (3)—

Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows.

In the heading omit “consumer or”.

In subsection (1)—

After subsection (2) insert—

Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.

After subsection (1) insert—

Omit subsection (2).

Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows.

In subsection (1), for paragraphs (a) and (b) substitute “ such as is referred to in subsection (3) below shall have no effect if it was not fair and reasonable to incorporate the term in the contract. ”

In subsection (2)(b) omit “unless it is a consumer contract (and then only in favour of the consumer)”.

After subsection (3A) insert—

Section 25 (interpretation of Part 2) is amended as follows.

In subsection (1)—

Omit subsections (1A) and (1B).

In subsection (5), for “and 16 and 19 to” substitute “ , 16, 20 and ”.

Section 27 (choice of law clauses) is amended as follows.

In subsection (2)—

Omit subsection (3).

Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows.

In the heading, for “to 4” substitute “ , 3 ”.

In paragraph 1, for “to 4” substitute “ and 3 ”.

In paragraph 2—

In paragraph 3—

Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows.

In paragraph 17—

For paragraph 25 substitute—

Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows.

In subsection (1), for “the Unfair Terms in Consumer Contracts Regulations 1994” substitute “ Part 2 (unfair terms) of the Consumer Rights Act 2015 ”.

For subsection (2) substitute—

Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows.

In paragraph 25—

For paragraph 33 substitute—

Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows.

In paragraph 39, for paragraph (i) insert—.

For paragraph 48 substitute—

This Schedule confers investigatory powers on enforcers and specifies the purposes for which and the circumstances in which those powers may be exercised.

Part 1 of this Schedule contains interpretation provisions; in particular paragraphs 2 to 6 explain what is meant by an “enforcer”.

Part 2 of this Schedule explains what is meant by “the enforcer's legislation”.

Part 3 of this Schedule contains powers in relation to the production of information; paragraph 13 sets out which enforcers may exercise those powers, and the purposes for which they may do so.

Part 4 of this Schedule contains further powers; paragraphs 19 and 20 set out which enforcers may exercise those powers, and the purposes for which they may do so.

Part 5 of this Schedule contains provisions that are supplementary to the powers in Parts 3 and 4 of this Schedule.

Part 6 of this Schedule makes provision about the exercise of functions by certain enforcers outside their area or district and the bringing of proceedings in relation to conduct outside an enforcer's area or district.

In this Schedule “enforcer” means—

But in Part 4 and paragraphs 38 and 41 of this Schedule “enforcer” means—

In paragraphs 13, 19 and 20 of this Schedule, a reference to an enforcer exercising a power includes a reference to an officer of the enforcer exercising that power.

In this Schedule “domestic enforcer” means—

But the Gas and Electricity Markets Authority is not a domestic enforcer for the purposes of Part 4 of this Schedule.

The reference to the Department of Enterprise, Trade and Investment in Northern Ireland includes a person with whom the Department has made arrangements, under regulation 61(1) and (2) of the Lifts Regulations 2016 (SI 2016/1093) for enforcement of those regulations.

In this Schedule “officer”, in relation to an enforcer, means—

But references in this Schedule to an officer in relation to a particular power only cover a person within sub-paragraph (1) if and to the extent that the person has been appointed or authorised to exercise that power.

A person who, immediately before the coming into force of this Schedule, was appointed or authorised to exercise a power replaced by a power in this Schedule is to be treated as having been appointed or authorised to exercise the new power.

In this paragraph “employee”, in relation to the Secretary of State, means a person employed in the civil service of the State.

In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means—

References in this Schedule to a breach of or compliance with the enforcer's legislation include a breach of or compliance with a notice issued under—

References in this Schedule to a breach of or compliance with the enforcer's legislation are to be read, in relation to the Lifts Regulations 2016 (S.I. 2016/1093), as references to a breach of or compliance with the Regulations as they apply to lifts for private use and consumption and safety components for such lifts.

The Secretary of State may by order made by statutory instrument—

The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.

That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.

In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.

An order under this paragraph may contain transitional or transitory provision or savings.