Part 4Consumer rights and disputes
Chapter 1Protection from unfair trading
Consumers’ rights of redress relating to unfair commercial practices
233Rights of redress: further provision
(1)
The Secretary of State may by regulations provide for any of the following descriptions of rights to be exercisable by a consumer who has rights of redress under this Chapter—
(a)
a right to unwind in respect of a relevant contract or consumer payment;
(b)
a right to a discount in respect of a supply of a product under a relevant contract;
(c)
a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.
(2)
Regulations under this section may include provision—
(a)
about how a right is to be exercised by the consumer;
(b)
(c)
about the circumstances in which damages mentioned in subsection (1)(c) are or are not payable;
(d)
imposing conditions or restrictions on the exercise of a right;
(e)
about the consequences of the exercise of a right;
(f)
excluding products of a description specified in the regulations from the application of the rights of redress available under this Chapter.
(3)
Provision under subsection (2)(e) about the consequences of the exercise of a right may (among other things)—
(a)
provide for the termination of a relevant contract;
(b)
require the trader to make a refund of an amount determined in accordance with the regulations;
(c)
require goods supplied under a relevant contract to be returned or for payment to be made in respect of such goods.
(4)
In this section, “relevant contract” means—
(a)
a business-to-consumer contract;
(b)
a consumer-to-business contract.
(5)
Regulations under this section are subject to the affirmative procedure.