Consumer Rights Act 2015, PART 2 is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1) This Part applies to a contract between a trader and a consumer.
(2) This does not include a contract of employment or apprenticeship.
(3) A contract to which this Part applies is referred to in this Part as a “ consumer contract ”.
(4) This Part applies to a notice to the extent that it—
(a) relates to rights or obligations as between a trader and a consumer, or
(b) purports to exclude or restrict a trader's liability to a consumer.
(5) This does not include a notice relating to rights, obligations or liabilities as between an employer and an employee.
(6) It does not matter for the purposes of subsection (4) whether the notice is expressed to apply to a consumer, as long as it is reasonable to assume it is intended to be seen or heard by a consumer.
(7) A notice to which this Part applies is referred to in this Part as a “ consumer notice ”.
(8) In this section “ notice ” includes an announcement, whether or not in writing, and any other communication or purported communication.
(1) An unfair term of a consumer contract is not binding on the consumer.
(2) An unfair consumer notice is not binding on the consumer.
(3) This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.
(4) A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.
(5) Whether a term is fair is to be determined—
(a) taking into account the nature of the subject matter of the contract, and
(b) by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.
(6) A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.
(7) Whether a notice is fair is to be determined—
(a) taking into account the nature of the subject matter of the notice, and
(b) by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any contract on which it depends.
(8) This section does not affect the operation of—
(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 (exclusion of negligence liability).
(1) Part 1 of Schedule 2 contains an indicative and non-exhaustive list of terms of consumer contracts that may be regarded as unfair for the purposes of this Part.
(2) Part 1 of Schedule 2 is subject to Part 2 of that Schedule; but a term listed in Part 2 of that Schedule may nevertheless be assessed for fairness under section 62 unless section 64 or 73 applies to it.
(3) The Secretary of State may by order made by statutory instrument amend Schedule 2 so as to add, modify or remove an entry in Part 1 or Part 2 of that Schedule.
(4) An order under subsection (3) may contain transitional or transitory provision or savings.
(5) No order may be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(6) A term of a consumer contract must be regarded as unfair if it has the effect that the consumer bears the burden of proof with respect to compliance by a distance supplier or an intermediary with an obligation under any enactment or rule implementing the Distance Marketing Directive.
(7) In subsection (6)—
a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004 (SI 2004/2095), or
a supplier of unsolicited financial services within the meaning of regulation 15 of those regulations;