The Supply of Services (Exclusion of Implied Terms) Order 1982

Made8th December 1982

Laid before Parliament15th December 1982

Coming into Operation4th July 1983

The Secretary of State, in exercise of the powers conferred on him by section 12(4) of the Supply of Goods and Services Act 1982 and of all other powers enabling him in that behalf, hereby makes the following Order:

1

This Order may be cited as the Supply of Services (Exclusion of Implied Terms) Order 1982 and shall come into operation on 4th July 1983.

2

Section 13 of the Supply of Goods and Services Act 1982 (which provides that, in a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill) shall not apply to the following services:—

1

the services of an advocate in court or before any tribunal, inquiry or arbitrator and in carrying out preliminary work directly affecting the conduct of the hearing;

2

the services rendered to a company by a director of the company in his capacity as such.

Gerard VaughanMinister of StateDepartment of Trade8th December 1982

EXPLANATORY NOTE

Section 13 of the Supply of Goods and Services Act 1982 provides that, in a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

The Secretary of State has power, under section 12(4), to provide by order that this section shall not apply to services of a description specified in the order.

The Order provides that section 13 shall not apply to the services of an advocate in court or before any tribunal, inquiry or arbitrator and in carrying out certain preliminary work, or to services rendered by a company director to his company.