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Consumer Rights Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2026-09-28

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected purposes.

Reform history JSON API

(3) The Secretary of State must lay the report before Parliament.

(4) In this section “consumer protection measures” includes such legislation, rules of law, codes of practice and guidance as the Secretary of State considers relate to the rights of consumers or the protection of their interests.

Interpretation of this Chapter

95

(1) In this Chapter—

“enforcement authority” has the meaning given by section 93(3);

“operator”, in relation to a secondary ticketing facility, means a person who—exercises control over the operation of the facility, andreceives revenue from the facility,but this is subject to regulations under subsection (2);

“organiser”, in relation to an event, means a person who—is responsible for organising or managing the event, orreceives some or all of the revenue from the event;

“parent undertaking” has the meaning given by section 1162 of the Companies Act 2006;

“secondary ticketing facility” means an internet-based facility for the re-sale of tickets for recreational, sporting or cultural events;

“subsidiary undertaking” has the meaning given by section 1162 of the Companies Act 2006;

“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006.

(2) The Secretary of State may by regulations provide that a person of a description specified in the regulations is or is not to be treated for the purposes of this Chapter as an operator in relation to a secondary ticketing facility.

(3) Regulations under subsection (2)—

(a) are to be made by statutory instrument;

(b) may make different provision for different purposes;

(4) A statutory instrument containing regulations under subsection (2) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

CHAPTER 6 — General

Power to make consequential provision

96

(1) The Secretary of State may by order made by statutory instrument make provision in consequence of this Act.

(2) The power conferred by subsection (1) includes power—

(a) to amend, repeal, revoke or otherwise modify any provision made by an enactment or an instrument made under an enactment (including an enactment passed or instrument made in the same Session as this Act);

(b) to make transitional, transitory or saving provision.

(3) A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals, revokes or otherwise modifies any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing an order under this section which does not amend, repeal, revoke or otherwise modify any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, andNorthern Ireland legislation.

Power to make transitional, transitory and saving provision

97

(1) The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act other than the coming into force of Chapter 3 or 4 of this Part in relation to Wales.

(2) The Welsh Ministers may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of Chapter 3 or 4 of this Part in relation to Wales.

Financial provision

98

There is to be paid out of money provided by Parliament—

(a) any expenses incurred by a Minister of the Crown or a government department under this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

99

(1) The amendment, repeal or revocation of any provision by this Act has the same extent as the provision concerned.

(2) Section 27 extends only to Scotland.

(3) Chapter 3 of this Part extends only to England and Wales.

(4) Subject to that, this Act extends to England and Wales, Scotland and Northern Ireland.

Commencement

100

(1) The provisions of this Act listed in subsection (2) come into force on the day on which this Act is passed.

(2) Those provisions are—

(a) section 48(5) to (8),

(b) Chapter 3 of this Part in so far as it confer powers to make regulations,

(d) this Chapter, and

(e) paragraph 12 of Schedule 5.

(3) Chapters 3 and 4 of this Part come into force—

(a) in relation to England, on such day as the Secretary of State may appoint by order made by statutory instrument;

(b) in relation to Wales, on such day as the Welsh Ministers may appoint by order made by statutory instrument.

(4) Chapter 5 of this Part comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(5) The other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

(6) An order under this section may appoint different days for different purposes.

Short title

101

This Act may be cited as the Consumer Rights Act 2015.

SCHEDULE 1 — Amendments consequential on Part 1

Supply of Goods (Implied Terms) Act 1973 (c. 13)

1

The Supply of Goods (Implied Terms) Act 1973 is amended as follows.

2

For “hire-purchase agreement” (or “hire purchase agreement”) in each place, except in section 15(1), substitute “ relevant hire-purchase agreement ”.

3

(1) Section 10 (implied undertakings as to quality or fitness) is amended as follows.

(2) Omit subsections (2D) to (2F).

(3) Omit subsection (8).

4

(1) Section 11A (modification of remedies for breach of statutory condition in non-consumer cases) is amended as follows.

(2) In subsection (1) omit “then, if the person to whom the goods are bailed does not deal as consumer,”.

(3) In subsection (3), for paragraph (b) substitute—

(b) that the agreement was a relevant hire-purchase agreement.

(4) Omit subsection (4).

5

In section 12A (remedies for breach of hire-purchase agreement as respects Scotland) omit subsections (2) and (3).

6

Omit section 14 (special provisions as to conditional sale agreements).

7

(1) Section 15 (supplementary) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “hire-purchase agreement” at the end insert—

and a hire-purchase agreement is relevant if it is not a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies;

, and

(b) omit the definition of “producer”.

(3) Omit subsection (3).

Sale of Goods Act 1979 (c. 54)

8

The Sale of Goods Act 1979 is amended as follows.

9

In section 1 (contracts to which Act applies), after subsection (4) insert—

(5) Certain sections or subsections of this Act do not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. (6) Where that is the case it is indicated in the section concerned.

10

In section 11 (when condition to be treated as warranty), after subsection (4) insert—

(4A) Subsection (4) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

11

In section 12 (implied terms about title etc), after subsection (6) insert—

(7) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 17 of that Act).

12

In section 13 (sale by description), after subsection (4) insert—

(5) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).

13

(1) Section 14 (implied terms about quality or fitness) is amended as follows.

(2) Omit subsections (2D) to (2F).

(3) After subsection (8) insert—

(9) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 9, 10 and 18 of that Act).

14

In section 15 (sale by sample), after subsection (4) insert—

(5) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 13 and 18 of that Act).

15

In section 15A (modification of remedies for breach of condition in non-consumer cases), in subsection (1) omit “then, if the buyer does not deal as consumer,”.

16

(1) Section 15B (remedies for breach of contract as respects Scotland) is amended as follows.

(2) After subsection (1) insert—

(1A) Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

(3) Omit subsection (2).

17

(1) In section 20 (passing of risk), for subsection (4) substitute—

(4) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

(2) The marginal note “Passing of risk” substituted by the Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045) is not affected by the revocation of those Regulations by this Schedule.

18

In section 29 (rules about delivery), after subsection (3) insert—

(3A) Subsection (3) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 28 of that Act).

19

(1) Section 30 (delivery of wrong quantity) is amended as follows.

(2) In subsection (2A) omit “who does not deal as consumer”.

(3) After subsection (5) insert—

(6) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 25 of that Act).

20

In section 31 (instalment deliveries) after subsection (2) insert—

(3) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 26 of that Act).

21

In section 32 (delivery to carrier), for subsection (4) substitute—

(4) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

22

(1) Section 33 (risk where goods are delivered at distant place) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

23

(1) Section 34 (buyer's right of examining the goods) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) Nothing in this section affects the operation of section 22 (time limit for short-term right to reject) of the Consumer Rights Act 2015.

24

(1) Section 35 (acceptance) is amended as follows.

(2) Omit subsection (3).

(3) After subsection (8) insert—

(9) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

25

In section 35A (right of partial rejection), after subsection (4) insert—

(5) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

26

(1) Section 36 (buyer not bound to return rejected goods) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 20 of that Act).

27

Omit Part 5A (additional rights of buyer in consumer cases).

28

In section 51 (damages for non-delivery), after subsection (3) insert—

(4) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

29

In section 52 (specific performance), after subsection (4) insert—

(5) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

30

In section 53 (remedy for breach of warranty), after subsection (4) insert—

(4A) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

31

In section 53A (measure of damages as respects Scotland), after subsection (2) insert—

(2A) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

32

(1) Section 54 (interest) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

33

In section 55 (exclusion of implied terms), after subsection (1) insert—

(1A) Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 31 of that Act).

34

(1) Section 58 (payment into court in Scotland) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).

35

(1) Section 61 (interpretation) is amended as follows.

(2) In subsection (1) omit the following definitions—

(a) “consumer contract”;

(b) “producer”;

(3) Omit subsection (5A).

36

In section 62(2) (savings for rules of law etc), for “this Act” substitute “ legislation including this Act and the Consumer Rights Act 2015 ”.

Supply of Goods and Services Act 1982 (c. 29)

37

The Supply of Goods and Services Act 1982 is amended as follows.

38

In each place—

(a) for “contract for the transfer of goods” substitute “ relevant contract for the transfer of goods ”;

(b) for “contract for the hire of goods” substitute “ relevant contract for the hire of goods ”;

39

In section 1 (the contracts concerned: transfer of property in goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”

40

In section 4 (implied terms about quality or fitness in contracts for transfer of goods) omit subsections (2B) to (2D).

41

In section 5A (modification of remedies for breach of statutory condition in non-consumer cases), in subsection (1) omit “then, if the transferee does not deal as consumer,”.

42

In section 6 (the contracts concerned: hire of goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”

43

In section 9 (implied terms about quality or fitness in contracts for hire of goods) omit subsections (2B) to (2D).

44

In section 10A (modification of remedies for breach of statutory condition in non-consumer cases) in subsection (1) omit “then, if the bailee does not deal as consumer,”.

45

In section 11A (the contracts concerned: transfer of property in goods, as respects Scotland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”

46

In section 11D (implied terms about quality or fitness in contracts for transfer of property in goods) omit subsections (3A) to (3C) and (10).

47

In section 11F (remedies for breach of contract) omit subsections (2) and (3).

48

In section 11G (the contracts concerned: hire of goods, as respects Scotland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”

49

In section 11J (implied terms about quality or fitness in contracts for hire of goods) omit subsections (3A) to (3C) and (10).

50

Omit Part 1B (additional rights of transferee in consumer cases).

51

In section 12 (the contracts concerned: supply of services, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , other than a contract to which Chapter 4 of Part 1 of the Consumer Rights Act 2015 applies. ”

52

(1) Section 18 (interpretation: general) is amended as follows.

(2) In subsection (1) omit the definitions of “producer” and “repair”.

(3) Omit subsection (4).

Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)

53

The Sale and Supply of Goods to Consumers Regulations 2002 are revoked.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

54

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert— “ Consumer Rights Act 2015, Part 1 ”.

Consequential repeal and revocation

55

In consequence of the amendments made by this Schedule—

(a) omit paragraph 5(9) of Schedule 2 to the Sale and Supply of Goods Act 1994, and

(b) omit paragraph 97 of Schedule 2 to the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277).

SCHEDULE 2 — Consumer contract terms which may be regarded as unfair

PART 1 — List of terms

1

A term which has the object or effect of excluding or limiting the trader's liability in the event of the death of or personal injury to the consumer resulting from an act or omission of the trader.

2

A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader.

3

A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader's will alone.

4

A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.

5

A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.

6

A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation.

7

A term which has the object or effect of authorising the trader to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the trader to retain the sums paid for services not yet supplied by the trader where it is the trader who dissolves the contract.

8

A term which has the object or effect of enabling the trader to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so.

9

A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early.

10

A term which has the object or effect of irrevocably binding the consumer to terms with which the consumer has had no real opportunity of becoming acquainted before the conclusion of the contract.

11

A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

12

A term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.

13

A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided.

14

A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.

15

A term which has the object or effect of permitting a trader to increase the price of goods, digital content or services without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded.

16

A term which has the object or effect of giving the trader the right to determine whether the goods, digital content or services supplied are in conformity with the contract, or giving the trader the exclusive right to interpret any term of the contract.

17

A term which has the object or effect of limiting the trader's obligation to respect commitments undertaken by the trader's agents or making the trader's commitments subject to compliance with a particular formality.

18

A term which has the object or effect of obliging the consumer to fulfil all of the consumer's obligations where the trader does not perform the trader's obligations.

19

A term which has the object or effect of allowing the trader to transfer the trader's rights and obligations under the contract, where this may reduce the guarantees for the consumer, without the consumer's agreement.

20

A term which has the object or effect of excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, in particular by—

(a) requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions,

(b) unduly restricting the evidence available to the consumer, or

(c) imposing on the consumer a burden of proof which, according to the applicable law, should lie with another party to the contract.

PART 2 — Scope of Part 1

Financial services

21

Paragraph 8 (cancellation without reasonable notice) does not include a term by which a supplier of financial services reserves the right to terminate unilaterally a contract of indeterminate duration without notice where there is a valid reason, if the supplier is required to inform the consumer of the cancellation immediately.

22

Paragraph 11 (variation of contract without valid reason) does not include a term by which a supplier of financial services reserves the right to alter the rate of interest payable by or due to the consumer, or the amount of other charges for financial services without notice where there is a valid reason, if—

(a) the supplier is required to inform the consumer of the alteration at the earliest opportunity, and

(b) the consumer is free to dissolve the contract immediately.

Contracts which last indefinitely

23

Paragraphs 11 (variation of contract without valid reason), 12 (determination of characteristics of goods etc after consumer bound) and 14 (determination of price after consumer bound) do not include a term under which a trader reserves the right to alter unilaterally the conditions of a contract of indeterminate duration if—

(a) the trader is required to inform the consumer with reasonable notice, and

(b) the consumer is free to dissolve the contract.

Sale of securities, foreign currency etc

24

Paragraphs 8 (cancellation without reasonable notice), 11 (variation of contract without valid reason), 14 (determination of price after consumer bound) and 15 (increase in price) do not apply to—

(a) transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control, and

(b) contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency.

Price index clauses

25

Paragraphs 14 (determination of price after consumer bound) and 15 (increase in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly described.

SCHEDULE 3 — Enforcement of the law on unfair contract terms and notices

Application of Schedule

1

This Schedule applies to—

(a) a term of a consumer contract,

(b) a term proposed for use in a consumer contract,

(d) a consumer notice.

Consideration of complaints

2

(1) A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).

(2) If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3) If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

Application for injunction or interdict

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),

(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.

Notification of application

4

(1) Before making an application under paragraph 3, a regulator other than the CMA must notify the CMA that it intends to do so.

(2) The regulator may make the application only if—

(a) the period of 14 days beginning with the day on which the regulator notified the CMA has ended, or

(b) before the end of that period, the CMA agrees to the regulator making the application.

Determination of application

5

(1) On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it thinks appropriate.

(2) On an application for an interdict under paragraph 3, the court may grant an interdict on such conditions, and against such of the defenders, as it thinks appropriate.

(3) The injunction or interdict may include provision about—

(a) a term or notice to which the application relates, or

(b) any term of a consumer contract, or any consumer notice, of a similar kind or with a similar effect.

(4) It is not a defence to an application under paragraph 3 to show that, because of a rule of law, a term to which the application relates is not, or could not be, an enforceable contract term.

(5) If a regulator other than the CMA makes the application, it must notify the CMA of—

(a) the outcome of the application, and

(b) if an injunction or interdict is granted, the conditions on which, and the persons against whom, it is granted.

Undertakings

6

(1) A regulator may accept an undertaking from a person against whom it has applied, or thinks it is entitled to apply, for an injunction or interdict under paragraph 3.

(2) The undertaking may provide that the person will comply with the conditions that are agreed between the person and the regulator about the use of terms or notices, or terms or notices of a kind, specified in the undertaking.

(3) If a regulator other than the CMA accepts an undertaking, it must notify the CMA of—

(a) the conditions on which the undertaking is accepted, and

(b) the person who gave it.

Publication, information and advice

7

(1) The CMA must arrange the publication of details of—

(a) any application it makes for an injunction or interdict under paragraph 3,

(b) any injunction or interdict under this Schedule, and

(2) The CMA must respond to a request whether a term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction, interdict or undertaking under this Schedule.

(3) Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction or interdict under this Schedule, the CMA must give the person making the request a copy of the injunction or interdict.

(4) Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an undertaking under this Schedule, the CMA must give the person making the request—

(a) details of the undertaking, and

(b) if the person giving the undertaking has agreed to amend the term or notice, a copy of the amendments.

(5) The CMA may arrange the publication of advice and information about the provisions of this Part.

(6) In this paragraph—

(a) references to an injunction or interdict under this Schedule are to an injunction or interdict granted on an application by the CMA under paragraph 3 or notified to it under paragraph 5, and

(b) references to an undertaking are to an undertaking given to the CMA under paragraph 6 or notified to it under that paragraph.

Meaning of “regulator”

8

(1) In this Schedule “regulator” means—

(a) the CMA,

(b) the Department of Enterprise, Trade and Investment in Northern Ireland,

(d) the Financial Conduct Authority,

(e) the Office of Communications,

(f) the Information Commissioner,

(g) the Gas and Electricity Markets Authority,

(h) the Water Services Regulation Authority,

(i) the Office of Rail and Road,

(j) the Northern Ireland Authority for Utility Regulation, or

(k) the Consumers' Association.

(2) The Secretary of State may by order made by statutory instrument amend sub-paragraph (1) so as to add, modify or remove an entry.

(3) An order under sub-paragraph (2) may amend sub-paragraph (1) so as to add a body that is not a public authority only if the Secretary of State thinks that the body represents the interests of consumers (or consumers of a particular description).

(4) The Secretary of State must publish (and may from time to time vary) other criteria to be applied by the Secretary of State in deciding whether to add an entry to, or remove an entry from, sub-paragraph (1).

(5) An order under sub-paragraph (2) may make consequential amendments to this Schedule (including with the effect that any of its provisions apply differently, or do not apply, to a body added to sub-paragraph (1)).

(6) An order under sub-paragraph (2) may contain transitional or transitory provision or savings.

(7) No order may be made under sub-paragraph (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8) In this paragraph “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Other definitions

9

In this Schedule—

“the CMA” means the Competition and Markets Authority;

“injunction” includes an interim injunction;

“interdict” includes an interim interdict.

The Financial Conduct Authority

10

The functions of the Financial Conduct Authority under this Schedule are to be treated as functions of the Authority under the Financial Services and Markets Act 2000.

SCHEDULE 4 — Amendments consequential on Part 2

Misrepresentation Act 1967 (c. 7)

1

(1) Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).

Unfair Contract Terms Act 1977 (c. 50)

2

The Unfair Contract Terms Act 1977 is amended as follows.

3

In section 1(2) (scope of Part 1) for “to 4” substitute “ , 3 ”.

4

In section 2 (negligence liability), after subsection (3) insert—

(4) This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the extent that it is a consumer notice, (but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

5

(1) Section 3 (liability arising in contract) is amended as follows.

(2) In subsection (1) omit “as consumer or”.

(3) After subsection (2) insert—

(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

6

Omit section 4 (unreasonable indemnity clauses).

7

Omit section 5 (“guarantee” of consumer goods).

8

(1) Section 6 (sale and hire-purchase) is amended as follows.

(2) After subsection (1) insert—

(1A) Liability for breach of the obligations arising from— (a) section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); (b) section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase), cannot be excluded or restricted by reference to a contract term except in so far as the term satisfies the requirement of reasonableness.

(3) Omit subsections (2) and (3).

(4) After subsection (4) insert—

(5) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

9

(1) Section 7 (miscellaneous contracts under which goods pass) is amended as follows.

(2) After subsection (1) insert—

(1A) Liability in respect of the goods' correspondence with description or sample, or their quality or fitness for any particular purpose, cannot be excluded or restricted by reference to such a term except in so far as the term satisfies the requirement of reasonableness.

(3) Omit subsections (2) and (3).

(4) After subsection (4) insert—

(4A) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

10

Omit section 9 (effect of breach of contract).

11

Omit section 12 (“dealing as consumer”).

12

In section 13(1) (varieties of exemption clauses) for “and 5 to” substitute “ , 6 and ”.

13

In section 14 (interpretation of Part 1), at the appropriate places insert—

“consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

“consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

14

(1) Section 15 (scope of Part 2) is amended as follows.

(2) In subsection (2) for “to 18” substitute “ and 17 ”.

(3) In subsection (3)—

(a) for “to 18” substitute “ and 17 ”, and

(b) in paragraph (b) omit sub-paragraph (ii) and the “or” preceding it.

15

In section 16 (liability for breach of duty), after subsection (3) insert—

(4) This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the extent that it is a consumer notice, (but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

16

(1) Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows.

(2) In the heading omit “consumer or”.

(3) In subsection (1)—

(a) omit “a consumer contract or”,

(b) in paragraph (a) omit “consumer or”, and

(4) After subsection (2) insert—

(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

17

Omit section 18 (unreasonable indemnity clauses in consumer contracts).

18

Omit section 19 (“guarantee” of consumer goods).

19

(1) Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.

(2) After subsection (1) insert—

(1A) Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from— (a) section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); (b) section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase), shall have effect only if it was fair and reasonable to incorporate the term in the contract. (1B) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

(3) Omit subsection (2).

20

(1) Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute “ such as is referred to in subsection (3) below shall have no effect if it was not fair and reasonable to incorporate the term in the contract. ”

(3) In subsection (2)(b) omit “unless it is a consumer contract (and then only in favour of the consumer)”.

(4) After subsection (3A) insert—

(3B) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

21

Omit section 22 (consequence of breach of contract).

22

(1) Section 25 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “consumer”,

(b) for the definition of “consumer contract” substitute—

“consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

, and

“consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

(3) Omit subsections (1A) and (1B).

(4) In subsection (5), for “and 16 and 19 to” substitute “ , 16, 20 and ”.

23

In section 26(2) (international supply contracts) omit “or 4”.

24

(1) Section 27 (choice of law clauses) is amended as follows.

(2) In subsection (2)—

(a) omit “(either or both)”, and

(b) omit paragraph (b) and the “or” preceding it.

(3) Omit subsection (3).

25

Omit section 28 (temporary provision for sea carriage of passengers).

26

(1) Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows.

(2) In the heading, for “to 4” substitute “ , 3 ”.

(3) In paragraph 1, for “to 4” substitute “ and 3 ”.

(4) In paragraph 2—

(a) for “to 4” substitute “ , 3 ”, and

(b) omit “except in favour of a person dealing as consumer”.

(5) In paragraph 3—

(a) for “, 3 and 4” substitute “ and 3 ”, and

(b) omit “, except in favour of a person dealing as consumer,”.

27

In Schedule 2 (“guidelines” for application of reasonableness test), for “6(3), 7(3) and (4),” substitute “ 6(1A), 7(1A) and (4), ”.

Companies Act 1985 (c. 6)

28

(1) Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows.

(2) In paragraph 17—

(a) omit paragraph (i), and

(b) after paragraph (l) insert—

(m) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 25 substitute—

(25) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Merchant Shipping Act 1995 (c. 21)

29

In section 184 of the Merchant Shipping Act 1995 (application of Schedule 6 to carriage within British Islands) omit subsection (2).

Arbitration Act 1996 (c. 23)

30

The Arbitration Act 1996 is amended as follows.

31

(1) Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows.

(2) In subsection (1), for “the Unfair Terms in Consumer Contracts Regulations 1994” substitute “ Part 2 (unfair terms) of the Consumer Rights Act 2015 ”.

(3) For subsection (2) substitute—

(2) In those sections “the Part” means Part 2 (unfair terms) of the Consumer Rights Act 2015.

32

For section 90 (regulations apply where consumer is a legal person) substitute—

(90) The Part applies where the consumer is a legal person as it applies where the consumer is an individual.

33

In section 91(1) (arbitration agreement unfair where modest amount sought) for “Regulations” substitute “ Part ”.

Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)

34

The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.

Enterprise Act 2002 (c. 40)

35

In Schedule 15 to the Enterprise Act 2002 (enactments for the purposes of which disclosures may be made), at the end insert— “ Schedule 3 to the Consumer Rights Act 2015. ”

Companies Act 2006 (c. 46)

36

The Companies Act 2006 is amended as follows.

37

(1) Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows.

(2) In paragraph 25—

(a) omit paragraph (h), and

(b) after paragraph (k) insert—

(l) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 33 substitute—

(33) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

38

(1) Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows.

(2) In paragraph 39, for paragraph (i) insert—

(i) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 48 substitute—

(48) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Consequential repeals

39

In consequence of the amendments made by this Schedule—

(a) omit paragraph 19(b) of Schedule 2 to the Sale of Goods Act 1979, and

(b) in paragraph 21 of that Schedule, omit “and (2)(a)” and “(in each case)”.

SCHEDULE 5 — Investigatory powers etc.

PART 1 — Basic concepts

Overview

1

(1) This Schedule confers investigatory powers on enforcers and specifies the purposes for which and the circumstances in which those powers may be exercised.

(2) Part 1 of this Schedule contains interpretation provisions; in particular paragraphs 2 to 6 explain what is meant by an “enforcer”.

(3) Part 2 of this Schedule explains what is meant by “the enforcer's legislation”.

(4) Part 3 of this Schedule contains powers in relation to the production of information; paragraph 13 sets out which enforcers may exercise those powers, and the purposes for which they may do so.

(5) Part 4 of this Schedule contains further powers; paragraphs 19 and 20 set out which enforcers may exercise those powers, and the purposes for which they may do so.

(6) Part 5 of this Schedule contains provisions that are supplementary to the powers in Parts 3 and 4 of this Schedule.

(7) Part 6 of this Schedule makes provision about the exercise of functions by certain enforcers outside their area or district and the bringing of proceedings in relation to conduct outside an enforcer's area or district.

Enforcers

2

(1) In this Schedule “enforcer” means—

(a) a domestic enforcer,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an unfair contract terms enforcer.

(2) But in Part 4 and paragraphs 38 and 41 of this Schedule “enforcer” means—

(a) a domestic enforcer, or

(b) an authorised enforcer for the purposes of that Part (see paragraph 20(7)).

(3) In paragraphs 13, 19 and 20 of this Schedule, a reference to an enforcer exercising a power includes a reference to an officer of the enforcer exercising that power.

Domestic enforcers

3

(1) In this Schedule “domestic enforcer” means—

(a) the Competition and Markets Authority,

(b) a local weights and measures authority in Great Britain,

(d) the Department of Enterprise, Trade and Investment in Northern Ireland,

(e) a district council in Northern Ireland,

(f) the Secretary of State,

(g) the Gas and Electricity Markets Authority,

(ga) the Department for Infrastructure in Northern Ireland,

(gb) the Utility Regulator in Northern Ireland,

(gc) the Civil Aviation Authority, for the purposes of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634),

(h) the British Hallmarking Council,

(i) an assay office within the meaning of the Hallmarking Act 1973, or

(j) any other person to whom the duty in subsection (1) of section 27 of the Consumer Protection Act 1987 (duty to enforce safety provisions) applies by virtue of regulations under subsection (2) of that section.

(2) But the Gas and Electricity Markets Authority is not a domestic enforcer for the purposes of Part 4 of this Schedule.

(3) The reference to the Department of Enterprise, Trade and Investment in Northern Ireland includes a person with whom the Department has made arrangements, under regulation 61(1) and (2) of the Lifts Regulations 2016 (SI 2016/1093) for enforcement of those regulations.

...

4.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public designated enforcers

5

In this Schedule “public designated enforcer” means a person or body which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(1) of that Act), but for this purpose does not include—

(a) the Competition and Markets Authority,

(b) a local weights and measures authority in Great Britain, or

Unfair contract terms enforcer

6

In this Schedule “unfair contract terms enforcer” means a person or body which—

(a) is for the time being listed in paragraph 8(1) of Schedule 3 (persons or bodies that may enforce provisions about unfair contract terms), and

(b) is a public authority within the meaning of section 6 of the Human Rights Act 1998.

Officers

7

(1) In this Schedule “officer”, in relation to an enforcer, means—

(a) an inspector appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(b) an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(c) an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under this Schedule, or authorised to do so, or

(d) a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under this Schedule.

(2) But references in this Schedule to an officer in relation to a particular power only cover a person within sub-paragraph (1) if and to the extent that the person has been appointed or authorised to exercise that power.

(3) A person who, immediately before the coming into force of this Schedule, was appointed or authorised to exercise a power replaced by a power in this Schedule is to be treated as having been appointed or authorised to exercise the new power.

(4) In this paragraph “employee”, in relation to the Secretary of State, means a person employed in the civil service of the State.

Interpretation of other terms

8

In this Schedule—

“document” includes information recorded in any form;

“enforcement order” means an order under section 156 of the Digital Markets, Competition and Consumers Act 2024;

“final enforcement notice” means a notice under paragraph 16C(2) of this Schedule;

“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;

“interim enforcement order” means an order under section 159 of that Act;

“interim online interface order” means an order under section 162 of that Act;

“online interface order” means an order under section 161 of that Act;

“Regulation (EU) 2017/745 on medical devices” means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.

“Regulation (EU) 2017/746 on in vitro diagnostic medical devices” means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;

“the Regulation on Accreditation and Market Surveillance” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

“the Market Surveillance Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011;

“relevant notice” has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024.

PART 2 — The enforcer's legislation

Enforcer's legislation

9

(1) In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means—

(a) legislation or notices which, by virtue of a provision listed in paragraph 10, the domestic enforcer has a duty or power to enforce, and

(b) where the domestic enforcer is listed in an entry in the first column of the table in paragraph 11, the legislation listed in the corresponding entry in the second column of that table.

(2) References in this Schedule to a breach of or compliance with the enforcer's legislation include a breach of or compliance with a notice issued under—

(a) the enforcer's legislation, or

(b) legislation under which the enforcer's legislation is made.

(3) References in this Schedule to a breach of or compliance with the enforcer's legislation are to be read, in relation to the Lifts Regulations 2016 (S.I. 2016/1093), as references to a breach of or compliance with the Regulations as they apply to lifts for private use and consumption and safety components for such lifts.

Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)

10

The duties and powers mentioned in paragraph 9(1)(a) are those arising under any of the following provisions—

section 26(1) or 40(1)(b) of the Trade Descriptions Act 1968 (including as applied by regulation 8(3) of the Crystal Glass (Descriptions) Regulations 1973 (SI 1973/1952) and regulation 10(2) of the Footwear (Indication of Composition) Labelling Regulations 1995 (SI 1995/2489));

section 9(1) or (6) of the Hallmarking Act 1973;

paragraph 6 of the Schedule to the Prices Act 1974 (including as read with paragraph 14(1) of that Schedule);

section 161(1) of the Consumer Credit Act 1974;

section 26(1) of the Estate Agents Act 1979;

Article 39 of the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10));

section 16A(1) or (4) of the Video Recordings Act 1984;

section 27(1) of the Consumer Protection Act 1987 (including as applied by section 12(1) of the Fireworks Act 2003 to fireworks regulations under that Act and by regulation 18 of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829) to those Regulations);

section 215(1) of the Education Reform Act 1988;

section 107A(1) or (3) or 198A(1) or (3) of the Copyright, Designs and Patents Act 1988;

section 30(4) or (7) or 31(4)(a) of the Clean Air Act 1993;

paragraph 1 of Schedule 2 to the Sunday Trading Act 1994;

section 93(1) or (3) of the Trade Marks Act 1994;

section 8A(1) or (3) of the Olympic Symbol etc (Protection) Act 1995;

regulation 5C(5) of the Motor Fuel (Composition and Content) Regulations 1999 (SI 1999/3107);

regulation 61 of the Medical Devices Regulations 2002 (S.I. 2002/618)

paragraph 1(a) of Schedule 10 to the Personal Protective Equipment Regulations 2002 (SI 2002/1144) so far as that paragraph remains in force by virtue of regulation 2(6) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390);

section 3(1) of the Christmas Day Trading Act 2004;

the General Product Safety Regulations 2005 (S.I. 2005/1803), if they are duties and powers of an enforcement authority (within the meaning of regulation 2 of those Regulations));

regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);

regulation 13(1) or (1A) of the Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276);

paragraph 2 or 5 of Schedule 5 to the Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597);

section A11(7)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;

regulation 32(2) or (3) of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);

regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);

regulation 11 of the Textile Products (Labelling and Fibre Composition) Regulations 2012 (SI 2012/1102);

regulation 6(1) of the Cosmetic Products Enforcement Regulations 2013 (SI 2013/1478);

regulation 23(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134);

section 87(1) of this Act;

section 93(1) , (2) or (2A) of this Act;

regulation 7(1) of the Packaging (Essential Requirements) Regulations 2015;

regulation 53 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);

regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091);

regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092);

regulation 61(1) or (2) of the Lifts Regulations 2016 (S.I. 2016/1093);

regulation 41(1) or (2) of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101);

regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);

regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152);

regulation 67 of the Measuring Instruments Regulations 2016 (S.I. 2016/1153);

regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);

regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206);

regulation 4(1) and (2) of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389);

regulation 4(1) and (2) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390);

regulation 31 of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634);

regulations 5 and 8 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

section 64 of the Offensive Weapons Act 2019;

section 6 of the Tenant Fees Act 2019;

section 7 of the Tenant Fees Act 2019;

section 26 of the Tenant Fees Act 2019

section 20(1) and (3) of the Birmingham Commonwealth Games Act 2020;

regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021;

section 4 of the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021;

section 8 of the Leasehold Reform (Ground Rent) Act 2022;

section 26(1) of the Product Security and Telecommunications Infrastructure Act 2022;

section 4(1) of the Animals (Low-Welfare Activities Abroad) Act 2023;

section 3 of the Equipment Theft (Prevention) Act 2023;

section 231(1), (2) or (3) of the Digital Markets, Competition and Consumers Act 2024.

Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)

11

Here is the table mentioned in paragraph 9(1)(b)—

Powers to amend paragraph 10 or 11

12

(1) The Secretary of State may by order made by statutory instrument—

(a) amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any entry in it;

(b) in consequence of provision made under paragraph (a), amend, repeal or revoke any other legislation (including this Act) whenever passed or made.

(2) The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.

(3) That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.

(4) In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.

(5) An order under this paragraph may contain transitional or transitory provision or savings.

(6) A statutory instrument containing an order under this paragraph that amends or repeals primary legislation may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(7) Any other statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this paragraph “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation.

PART 3 — Powers in relation to the production of information

Exercise of powers in this Part

13

(1) An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that kind of enforcer.

(2) The Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a) to enable the Authority to exercise or to consider whether to exercise any function it has under Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(b) to enable a private designated enforcer to consider whether to exercise any function it has under Chapter 3 of that Part;

(d) to ascertain whether a person has complied with or is complying with an enforcement order, an interim enforcement order, an online interface order or an interim online interface order;

(e) to ascertain whether a person has complied with or is complying with an undertaking given under Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(f) to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.

(3) A public designated enforcer, a local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern Ireland ... may exercise the powers in this Part of this Schedule for any of the following purposes—

(a) to enable that enforcer to exercise or to consider whether to exercise any function it has under Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(b) to ascertain whether a person has complied with or is complying with an enforcement order , an interim enforcement order, an online interface order or an interim online interface order made on the application of that enforcer;

(c) to ascertain whether a person has complied with or is complying with an undertaking given under section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024 following such an application;

(d) to ascertain whether a person has complied with or is complying with an undertaking given to that enforcer under section 163 of that Act.

(4) A domestic enforcer may exercise the powers in this Part of this Schedule for the purpose of ascertaining whether there has been a breach of the enforcer's legislation.

(5) But a domestic enforcer may not exercise the power in paragraph 14 (power to require the production of information) for the purpose in sub-paragraph (4) unless an officer of the enforcer reasonably suspects a breach of the enforcer's legislation.

(6) Sub-paragraph (5) does not apply if the enforcer is a market surveillance authority within the meaning of Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the power is exercised for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation Article 3(3) of that Regulation.

(7) An unfair contract terms enforcer may exercise the powers in this Part of this Schedule for either of the following purposes—

(a) to enable the enforcer to exercise or to consider whether to exercise any function it has under Schedule 3 (enforcement of the law on unfair contract terms and notices);

(b) to ascertain whether a person has complied with or is complying with an injunction or interdict (within the meaning of that Schedule) granted under paragraph 5 of that Schedule or an undertaking given under paragraph 6 of that Schedule.

(8) But an unfair contract terms enforcer may not exercise the power in paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an officer of the enforcer reasonably suspects that a person is using, or proposing or recommending the use of, a contractual term or notice within paragraph 3 of Schedule 3.

(9) A local weights and measures authority in Great Britain , the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State may exercise the powers in this Part of this Schedule for either of the following purposes—

(a) to enable it to determine whether to make an order under section 3 or 4 of the Estate Agents Act 1979;

(b) to enable it to exercise any of its functions under section 5, 6, 8, 13 or 17 of that Act.

(10) In this paragraph—

“private designated enforcer” means a person or body which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act).

Power to require the production of information

14

An enforcer or an officer of an enforcer may give notice to a person requiring the person to provide the enforcer with the information specified in the notice.

Procedure for notice under paragraph 14

15

(1) A notice under paragraph 14 must be in writing and specify the purpose for which the information is required.

(2) If the purpose is to enable a person to exercise or to consider whether to exercise a function, the notice must specify the function concerned.

(3) The notice must specify—

(a) the time within which and the manner in which the person to whom it is given must comply with it;

(b) the form in which information must be provided.

(c) the circumstances in which a monetary penalty may be payable under this Part of this Schedule in relation to non-compliance with the notice.

(4) The notice may require—

(a) the creation of documents, or documents of a description, specified in the notice, and

(b) the provision of those documents to the enforcer or an officer of the enforcer.

(5) A requirement to provide information or create a document is a requirement to do so in a legible form.

(6) A notice under paragraph 14 does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce—

(a) in proceedings in the High Court on the grounds of legal professional privilege, or

(b) in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7) In sub-paragraph (6) “communications” means—

(a) communications between a professional legal adviser and the adviser's client, or

(b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Enforcement of notice under paragraph 14

16

(1) If a person fails to comply with a notice under paragraph 14, the enforcer or an officer of the enforcer may make an application under this paragraph to the court.

(2) If it appears to the court that the person has failed to comply with the notice, it may make an order under this paragraph.

(3) An order under this paragraph is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

(4) An order under this paragraph may require the person to meet the costs or expenses of the application.

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