- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
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.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: