Consumer Rights Act 2015

• (2) Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (3) Regulations under this paragraph are to be made by statutory instrument.

• (4) Regulations under this paragraph may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Miscellaneous

16J

• (1) The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to the person a final enforcement notice under paragraph 16C in respect of that failure.

• (2) The CMA may not give a person a final enforcement notice under paragraph 16C in respect of a failure to comply with a notice under paragraph 14 if—

• (a) the CMA has made an application under paragraph 16A against the person in respect of that failure, and

• (b) the application has been determined by the court (within the meaning of that paragraph).

Extra-territorial application in relation to notices under paragraph 14

17A

• (1) This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.

• (2) The power is exercisable so as to—

• (a) give the notice to a person who is outside the United Kingdom;

• (b) require the provision of information held outside the United Kingdom.

• (3) Sub-paragraph (4) applies where—

• (a) an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and

• (b) the enforcer does not consider that the person is a potential enforcement subject.

• (4) Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.

• (5) A person has a UK connection if the person—

• (a) is a United Kingdom national,

• (b) is an individual who is habitually resident in the United Kingdom,

• (c) is a firm established in the United Kingdom, or

• (d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

• (6) For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer—

• (a) to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;

• (b) to ascertain whether P has breached any legislation mentioned in paragraph 13(4);

• (c) to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);

• (d) to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.

• (7) In sub-paragraph (5)(a) “United Kingdom national” means—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

• (b) a person who is a British subject under the British Nationality Act 1981;

• (c) a British protection person within the meaning of that Act.

• (8) For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—

• (a) it is incorporated or formed under the law of a part of the United Kingdom, or

• (b) it is administered under arrangements governed by the law of a part of the United Kingdom.

• (9) References in this paragraph to an enforcer include an officer of an enforcer.

Means of giving notice under this Part of this Schedule

17B

• (1) This paragraph applies in relation to a notice given to a person under this Part of this Schedule.

• (2) The notice may be given by—

• (a) delivering it to the person,

• (b) leaving it at the person’s proper address,

• (c) sending it by post to the person at that address, or

• (d) sending it to the person by email to the person’s email address.

• (3) A notice to a body corporate may be given in accordance with sub-paragraph (2) to any officer of that body.

• (4) A notice to a partnership may be given in accordance with sub-paragraph (2) to any partner or a person who has the control or management of the partnership business.

• (5) A notice to a firm other than a body corporate or a partnership may be given in accordance with sub-paragraph (2) to any member of the governing body of the firm.

• (6) A person’s proper address is—

• (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address;

• (b) in any other case, the address determined in accordance with sub-paragraph (7).

• (7) A person’s proper address is (if sub-paragraph (6)(a) does not apply)—

• (a) in the case of a body corporate, its registered or principal office;

• (b) in the case of a partnership, the principal office of the partnership;

• (c) in the case of a firm other than a body corporate or a partnership, the principal office of the firm;

• (d) in a case where none of paragraphs (a) to (c) apply, any address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person.

• (8) A person’s email address is—

• (a) any email address published for the time being by that person as an address for contacting that person, or

• (b) if there is no such published address, any email address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person.

• (9) In the case of—

• (a) a body corporate registered outside the United Kingdom,

• (b) a partnership carrying on business outside the United Kingdom, or

• (c) any other type of firm with offices outside the United Kingdom,

references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities.

• (10) In this paragraph “officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body.

• (11) This paragraph does not limit other lawful means of giving notice.

Paragraph 20: listed enactments

20A

The enactments referred to in paragraph 20(8) are the following—

• Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.

• Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977, to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982, and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018.

• The Unfair Terms in Consumer Contracts Regulations 1999, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property.

• The Consumer Protection (Distance Selling) Regulations 2000, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003.

• Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002.

• Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002, to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

• The Price Marking Order 2004.

• Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.

• The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000.

• The Price Marking Order (Northern Ireland) 2004.

• The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005.

• Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

• Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

• Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008.

• The Consumer Protection from Unfair Trading Regulations 2008.

• The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

• The Provision of Services Regulations 2009.

• The Rail Passengers’ Rights and Obligations Regulations 2010.

• Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway.

• The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.

• Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

• Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012.

• Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012.

• The Merchant Shipping (Passengers’ Rights) Regulations 2013.

• The Operation of Air Services in the Community (Pricing etc.) Regulations 2013.

• The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.

• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014.

• The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014.

• The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014.

• ...

• Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, this Act.

• Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions.

• Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015.

• The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017.

• The Package Travel and Linked Travel Arrangements Regulations 2018.

• Part 4 of the Digital Markets, Competition and Consumers Act 2024.