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Consumer Rights Act 2015

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This is the original version (as it was originally enacted).

Application for injunction or interdict

This section has no associated Explanatory Notes

3(1)A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—

(a)the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and

(b)the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5).

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

(a)section 31 (exclusion of liability: goods contracts),

(b)section 47 (exclusion of liability: digital content contracts),

(c)section 57 (exclusion of liability: services contracts), or

(d)section 65(1) (business liability for death or personal injury resulting from negligence).

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

(4)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.

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

(6)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.

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