OpenLegislation

Regulation 27K How can a consumer enforce the rights to redress?F1F2

United Kingdom

(1)

A consumer with a right to redress under this Part may bring a claim in civil proceedings to enforce that right.

(2)

In Scotland, proceedings to enforce the right to unwind may be brought before the sheriff or in the Court of Session.

(3)

Paragraph (4) applies if in proceedings under this regulation the consumer establishes that the consumer has—

(a)

the right to unwind,

(b)

the right to a discount, or

(c)

the right to damages.

(4)

The court must make an order that gives effect to—

(a)

that right, and

(b)

any associated obligations of the consumer under this Part.

(5)

The Limitation Act 1980 applies to a claim under this regulation in England and Wales as if it were an action founded on simple contract.

(6)

The Limitation (Northern Ireland) Order 1989 applies to a claim under this regulation in Northern Ireland as if it were an action founded on simple contract.

Annotations

Textual amendments

F1

Regulations revoked (6.4.2025 with transitional provisions and savings in relation to Pt. 4A, which is continued until regulations are made under s. 233 of the revoking Act) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 251(1), 339(1) (with ss. 235, 243, 252); S.I. 2025/272, reg. 2(1)(3)

F2

Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3