Search Legislation

Consumer Rights Act 2015

Status:

This is the original version (as it was originally enacted).

Section 60

SCHEDULE 1Amendments consequential on Part 1

This schedule has no associated Explanatory Notes

Supply of Goods (Implied Terms) Act 1973 (c. 13)

1The Supply of Goods (Implied Terms) Act 1973 is amended as follows.

2For “hire-purchase agreement” (or “hire purchase agreement”) in each place, except in section 15(1), substitute “relevant hire-purchase agreement”.

3(1)Section 10 (implied undertakings as to quality or fitness) is amended as follows.

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

(3)Omit subsection (8).

4(1)Section 11A (modification of remedies for breach of statutory condition in non-consumer cases) is amended as follows.

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

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

(b)that the agreement was a relevant hire-purchase agreement.

(4)Omit subsection (4).

5In section 12A (remedies for breach of hire-purchase agreement as respects Scotland) omit subsections (2) and (3).

6Omit section 14 (special provisions as to conditional sale agreements).

7(1)Section 15 (supplementary) is amended as follows.

(2)In subsection (1)—

(a)in the definition of “hire-purchase agreement” at the end insert—

and a hire-purchase agreement is relevant if it is not a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies;, and

(b)omit the definition of “producer”.

(3)Omit subsection (3).

Sale of Goods Act 1979 (c. 54)

8The Sale of Goods Act 1979 is amended as follows.

9In section 1 (contracts to which Act applies), after subsection (4) insert—

(5)Certain sections or subsections of this Act do not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.

(6)Where that is the case it is indicated in the section concerned.

10In section 11 (when condition to be treated as warranty), after subsection (4) insert—

(4A)Subsection (4) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

11In section 12 (implied terms about title etc), after subsection (6) insert—

(7)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 17 of that Act).

12In section 13 (sale by description), after subsection (4) insert—

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).

13(1)Section 14 (implied terms about quality or fitness) is amended as follows.

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

(3)After subsection (8) insert—

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

14In section 15 (sale by sample), after subsection (4) insert—

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 13 and 18 of that Act).

15In section 15A (modification of remedies for breach of condition in non-consumer cases), in subsection (1) omit “then, if the buyer does not deal as consumer,”.

16(1)Section 15B (remedies for breach of contract as respects Scotland) is amended as follows.

(2)After subsection (1) insert—

(1A)Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

(3)Omit subsection (2).

17(1)In section 20 (passing of risk), for subsection (4) substitute—

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

(2)The marginal note “Passing of risk” substituted by the Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045) is not affected by the revocation of those Regulations by this Schedule.

18In section 29 (rules about delivery), after subsection (3) insert—

(3A)Subsection (3) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 28 of that Act).

19(1)Section 30 (delivery of wrong quantity) is amended as follows.

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

(3)After subsection (5) insert—

(6)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 25 of that Act).

20In section 31 (instalment deliveries) after subsection (2) insert—

(3)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 26 of that Act).

21In section 32 (delivery to carrier), for subsection (4) substitute—

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

22(1)Section 33 (risk where goods are delivered at distant place) is amended as follows.

(2)At the beginning insert “(1)”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

23(1)Section 34 (buyer’s right of examining the goods) is amended as follows.

(2)At the beginning insert “(1)”.

(3)At the end insert—

(2)Nothing in this section affects the operation of section 22 (time limit for short-term right to reject) of the Consumer Rights Act 2015.

24(1)Section 35 (acceptance) is amended as follows.

(2)Omit subsection (3).

(3)After subsection (8) insert—

(9)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

25In section 35A (right of partial rejection), after subsection (4) insert—

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

26(1)Section 36 (buyer not bound to return rejected goods) is amended as follows.

(2)At the beginning insert “(1)”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 20 of that Act).

27Omit Part 5A (additional rights of buyer in consumer cases).

28In section 51 (damages for non-delivery), after subsection (3) insert—

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

29In section 52 (specific performance), after subsection (4) insert—

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

30In section 53 (remedy for breach of warranty), after subsection (4) insert—

(4A)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

31In section 53A (measure of damages as respects Scotland), after subsection (2) insert—

(2A)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

32(1)Section 54 (interest) is amended as follows.

(2)At the beginning insert “(1)”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

33In section 55 (exclusion of implied terms), after subsection (1) insert—

(1A)Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 31 of that Act).

34(1)Section 58 (payment into court in Scotland) is amended as follows.

(2)At the beginning insert “(1)”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).

35(1)Section 61 (interpretation) is amended as follows.

(2)In subsection (1) omit the following definitions—

(a)“consumer contract”;

(b)“producer”;

(c)“repair”.

(3)Omit subsection (5A).

36In section 62(2) (savings for rules of law etc), for “this Act” substitute “legislation including this Act and the Consumer Rights Act 2015”.

Supply of Goods and Services Act 1982 (c. 29)

37The Supply of Goods and Services Act 1982 is amended as follows.

38In each place—

(a)for “contract for the transfer of goods” substitute “relevant contract for the transfer of goods”;

(b)for “contract for the hire of goods” substitute “relevant contract for the hire of goods”;

(c)for “contract for the supply of a service” substitute “relevant contract for the supply of a service”.

39In section 1 (the contracts concerned: transfer of property in goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “, and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.”

40In section 4 (implied terms about quality or fitness in contracts for transfer of goods) omit subsections (2B) to (2D).

41In section 5A (modification of remedies for breach of statutory condition in non-consumer cases), in subsection (1) omit “then, if the transferee does not deal as consumer,”.

42In section 6 (the contracts concerned: hire of goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “, and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.”

43In section 9 (implied terms about quality or fitness in contracts for hire of goods) omit subsections (2B) to (2D).

44In section 10A (modification of remedies for breach of statutory condition in non-consumer cases) in subsection (1) omit “then, if the bailee does not deal as consumer,”.

45In section 11A (the contracts concerned: transfer of property in goods, as respects Scotland), in subsection (1) at the end insert “, and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.”

46In section 11D (implied terms about quality or fitness in contracts for transfer of property in goods) omit subsections (3A) to (3C) and (10).

47In section 11F (remedies for breach of contract) omit subsections (2) and (3).

48In section 11G (the contracts concerned: hire of goods, as respects Scotland), in subsection (1) at the end insert “, and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.”

49In section 11J (implied terms about quality or fitness in contracts for hire of goods) omit subsections (3A) to (3C) and (10).

50Omit Part 1B (additional rights of transferee in consumer cases).

51In section 12 (the contracts concerned: supply of services, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “, other than a contract to which Chapter 4 of Part 1 of the Consumer Rights Act 2015 applies.”

52(1)Section 18 (interpretation: general) is amended as follows.

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

(3)Omit subsection (4).

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

53The Sale and Supply of Goods to Consumers Regulations 2002 are revoked.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

54In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert—

  • Consumer Rights Act 2015, Part 1.

Consequential repeal and revocation

55In consequence of the amendments made by this Schedule—

(a)omit paragraph 5(9) of Schedule 2 to the Sale and Supply of Goods Act 1994, and

(b)omit paragraph 97 of Schedule 2 to the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources