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Consumer Rights Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Consumer Rights Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

    1. Background

    2. Wider reforms to the consumer legislation framework

    3. Advice and consultations

      1. Part 1

      2. Part 2

      3. Part 3

    4. Structure of the Act

    5. Impact on existing legislation

    6. Territorial extent and application

    7. Which country’s law governs the contract?

    8. Transposition of EU Directives

  3. Commentary on Sections

    1. Part 1: Consumer Contracts for Goods, Digital Content and Services

      1. Section 1: Where Part 1 applies

      2. Section 2: Key definitions

      3. Chapter 2: Goods

        1. Summary and Background

        2. What goods contracts are covered?

          1. Sections 3-8: Consumer contracts about goods

        3. What statutory rights are there under a goods contract?

          1. Section 9: Goods to be of satisfactory quality

          2. Section 10: Goods to be fit for particular purpose

          3. Section 11: Goods to be as described

          4. Section 12: Other pre-contract information included in contract

          5. Section 13: Goods to match a sample

          6. Section 14: Goods to match a model seen or examined

          7. Section 15: Installation as part of conformity of the goods with the contract

          8. Section 16: Goods not conforming to contract if digital content does not conform

          9. Section 17: Trader to have right to supply the goods etc

          10. Section 18: No other requirement to treat term about quality or fitness as included

        4. What remedies are there if statutory rights under a goods contract are not met?

          1. Section 19: Consumer’s rights to enforce terms about goods

          2. Section 20: Right to reject

          3. Section 21: Partial rejection of goods

          4. Section 22: Time limit for short-term right to reject

          5. Section 23: Right to repair or replacement

          6. Section 24: Right to price reduction or final right to reject

        5. Other rules about remedies under goods contracts

          1. Section 25: Delivery of wrong quantity

          2. Section 26: Instalment deliveries

          3. Section 27: Consignation, or payment into court, in Scotland

        6. Other rules about goods contracts

          1. Section 28: Delivery of goods

          2. Section 29: Passing of risk

          3. Section 30: Goods offered with a guarantee

        7. Can a trader contract out of statutory rights and remedies under a goods contract?

          1. Section 31: Liability that cannot be excluded or restricted

          2. Section 32: Contracts applying law of non-EEA state

      4. Chapter 3 Digital Content

        1. Summary and Background

        2. What digital content contracts are covered?

          1. Section 33: Contracts covered by this chapter

        3. What statutory rights are there under a digital content contract?

          1. Section 34: Digital content to be of satisfactory quality

          2. Section 35: Digital content to be fit for a particular purpose

          3. Section 36: Digital content to be as described

          4. Section 37: Other pre-contract information included in the contract

          5. Section 38: No other requirement to treat term about quality or fitness as included

          6. Section 39: Supply by transmission and facilities for continued transmission

          7. Section 40: Quality, fitness and description of content supplied subject to modifications

          8. Section 41: Trader’s right to supply digital content

        4. What remedies are there if statutory rights under a digital content contract are not met?

          1. Section 42: Consumer’s rights to enforce terms about digital content

          2. Section 43: Right to repair or replacement

          3. Section 44: Right to price reduction

          4. Section 45: Right to a refund

        5. Compensation for damage to device or to other digital content

          1. Section 46: Remedy for damage to device or to other digital content

        6. Can a trader contract out of statutory rights and remedies under a digital content contract?

          1. Section 47: Liability that cannot be excluded or restricted

      5. Chapter 4 Services

        1. Summary and Background

        2. What services contracts are covered?

          1. Section 48: Contracts covered by this Chapter

        3. What statutory rights are there under a services contract?

          1. Section 49: Service to be performed with reasonable care and skill

          2. Section 50: Information about the trader or service to be binding

          3. Section 51: Reasonable price to be paid for a service

          4. Section 52: Service to be performed within a reasonable time

          5. Section 53: Relation to other law on contract terms

        4. What remedies are there if statutory rights under a services contract are not met?

          1. Section 54: Consumer’s rights to enforce terms about services; section 55: Right to repeat performance; and section 56: Right to price reduction

        5. Can a trader contract out of statutory rights and remedies under a services contract?

          1. Section 57: Liability that cannot be excluded or restricted

      6. Chapter 5 General and Supplementary Provisions

    2. Part 2: Unfair Terms

      1. Background and overview

      2. What contracts and notices are covered by this Part?

        1. Section 61: Contracts and notices covered by this Part

      3. What are the general rules about fairness of contract terms and notices?

        1. Section 62: Requirement for contract terms and notices to be fair

        2. Section 63: Contract terms which may or must be regarded as unfair

        3. Section 64: Exclusion from assessment of fairness

        4. Section 65: Bar on exclusion or restriction of negligence liability and Section 66: Scope of section 65

        5. Section 67: Effect of an unfair term on the rest of a contract

        6. Section 68: Requirement for transparency

        7. Section 69: Contract terms that may have different meanings

      4. How are the general rules enforced?

        1. Section 70: Enforcement of the law on unfair contract terms

      5. Supplementary provisions

        1. Section 71: Duty of court to consider fairness of term

        2. Section 72: Application of rules to secondary contracts

        3. Section 73: Disapplication of rules to mandatory terms and notices

        4. Section 74: Contracts applying law of non-EEA State

        5. Section 75: Changes to other legislation

    3. Part 3 Miscellaneous and General

      1. Chapter 1: Enforcement Etc.

        1. Section 77: Investigatory powers etc.

        2. Schedule 5: Investigatory Powers etc.

        3. Section 78: Amendment of the Weights and Measures (Packaged Goods) Regulations 2006

        4. Section 79: Enterprise Act 2002: enhanced consumer measures and other enforcement

          1. Introduction

          2. Background

          3. Part 8 Enterprise Act 2002

          4. Enforcers

        5. Schedule 7: Enterprise Act 2002: enhanced consumer measures and other enforcement

        6. Section 80: Contravention of code regulating premium rate services

      2. Chapter 2: Competition

        1. Summary and Background

        2. Section 81: Private actions in competition law

          1. Widen the types of cases which the CAT can hear

          2. Collective actions and opt-out collective settlements

          3. Voluntary redress schemes

        3. Section 82: Appointment of Judges to the Competition Appeal Tribunal

      3. Chapter 3: Duty of Letting Agents to Publicise Fees Etc.

        1. Summary and background

        2. Section 83: Duty of letting agents to publicise fees etc

        3. Section 84: Letting agents to which the duty applies

        4. Section 85: Fees to which the duty applies

        5. Section 86: Letting agency work and property management work

        6. Section 87: Enforcement of the duty

        7. Section 88: Supplementary provisions

      4. Chapter 4: Student Complaints Scheme

        1. Section 89: Qualifying Institutions for the purposes of the student complaints scheme

      5. Chapter 5: Secondary Ticketing

        1. Summary and Background

        2. Duty to provide information about tickets

          1. Section 90: Duty to provide information about tickets

          2. Section 91: Prohibition on cancellation or blacklisting

          3. Section 92: Duty to report criminal activity

          4. Section 93: Enforcement of this Chapter

          5. Section 94: Duty to review measures relating to secondary ticketing

          6. Section 95: Interpretation of this Chapter

  4. Commencement

  5. Hansard Reference

  6. ANNEX AGlossary of Abbreviations

  7. ANNEX BTransposition Notes

  • Explanatory Notes Table of contents

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Explanatory Notes

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