Paragraph 3 I1

(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),

(c)

section 57 (exclusion of liability: services contracts), or

(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.

Annotations

Commencement

I1: Sch. 3 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))