# Consumer Arbitration Agreements Act 1988 (repealed 31.1.1997), Section 3: Contracting “as a consumer”.

Extent: E+W+N.I.

(1) For the purposes of section 1 above a person enters into a contract “as a consumer” if—
(a) he neither makes the contract in the course of a business nor holds himself out as doing so; and
(b) the other party makes the contract in the course of a business; and
(c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of the Act of 1977, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption;
but on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as entering into the contract as a consumer.
(2) In subsection (1) above—
“business” includes a profession and the activities of any government department, Northern Ireland department or local or public authority; and
“goods” has the same meaning as in the Sale of Goods Act 1979.
(3) It is for those claiming that a person entered into a contract otherwise than as a consumer to show that he did so.

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Source: https://www.legislation.gov.uk/ukpga/1988/21/section/3 (the official version)
Page: https://openlegislation.uk/consumer-arbitration-agreements-act-1988-repealed-3111997/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.