Consumer Rights Act 2015 in Scotland
2015 c. 15 · Enacted 26 March 2015 · Extends to United Kingdom
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.
[26th March 2015]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Consumer contracts for goods, digital content and services
- Chapter 1: Introduction
- 1Where Part 1 applies
- 2Key definitions
- Chapter 2: Goods
- What goods contracts are covered?
- 3Contracts covered by this Chapter
- 4Ownership of goods
- 5Sales contracts
- 6Contracts for the hire of goods
- 7Hire-purchase agreements
- 8Contracts for transfer of goods
- What statutory rights are there under a goods contract?
- 9Goods to be of satisfactory quality
- 10Goods to be fit for particular purpose
- 11Goods to be as described
- 12Other pre-contract information included in contract
- 13Goods to match a sample
- 14Goods to match a model seen or examined
- 15Installation as part of conformity of the goods with the contract
- 16Goods not conforming to contract if digital content does not conform
- 17Trader to have right to supply the goods etc
- 18No other requirement to treat term about quality or fitness as included
- What remedies are there if statutory rights under a goods contract are not met?
- 19Consumer's rights to enforce terms about goods
- 20Right to reject
- 21Partial rejection of goods
- 22Time limit for short-term right to reject
- 23Right to repair or replacement
- 24Right to price reduction or final right to reject
- Other rules about remedies under goods contracts
- 25Delivery of wrong quantity
- 26Instalment deliveries
- 27Consignation, or payment into court, in Scotland
- Other rules about goods contracts
- 28Delivery of goods
- 29Passing of risk
- 30Goods under guarantee
- Can a trader contract out of statutory rights and remedies under a goods contract?
- 31Liability that cannot be excluded or restricted
- 32Contracts applying law of a country other than the UK
- Chapter 3: Digital content
- What digital content contracts are covered?
- 33Contracts covered by this Chapter
- What statutory rights are there under a digital content contract?
- 34Digital content to be of satisfactory quality
- 35Digital content to be fit for particular purpose
- 36Digital content to be as described
- 37Other pre-contract information included in contract
- 38No other requirement to treat term about quality or fitness as included
- 39Supply by transmission and facilities for continued transmission
- 40Quality, fitness and description of content supplied subject to modifications
- 41Trader's right to supply digital content
- What remedies are there if statutory rights under a digital content contract are not met?
- 42Consumer's rights to enforce terms about digital content
- 43Right to repair or replacement
- 44Right to price reduction
- 45Right to a refund
- Compensation for damage to device or to other digital content
- 46Remedy for damage to device or to other digital content
- Can a trader contract out of statutory rights and remedies under a digital content contract?
- 47Liability that cannot be excluded or restricted
- Chapter 4: Services
- What services contracts are covered?
- 48Contracts covered by this Chapter
- What statutory rights are there under a services contract?
- 49Service to be performed with reasonable care and skill
- 50Information about the trader or service to be binding
- 51Reasonable price to be paid for a service
- 52Service to be performed within a reasonable time
- 53Relation to other law on contract terms
- What remedies are there if statutory rights under a services contract are not met?
- 54Consumer's rights to enforce terms about services
- 55Right to repeat performance
- 56Right to price reduction
- Can a trader contract out of statutory rights and remedies under a services contract?
- 57Liability that cannot be excluded or restricted
- Chapter 5: General and supplementary provisions
- 58Powers of the court
- 59Interpretation
- 60Changes to other legislation
- Part 2: Unfair terms
- What contracts and notices are covered by this Part?
- 61Contracts and notices covered by this Part
- What are the general rules about fairness of contract terms and notices?
- 62Requirement for contract terms and notices to be fair
- 63Contract terms which may or must be regarded as unfair
- 64Exclusion from assessment of fairness
- 65Bar on exclusion or restriction of negligence liability
- 66Scope of section 65
- 67Effect of an unfair term on the rest of a contract
- 68Requirement for transparency
- 69Contract terms that may have different meanings
- How are the general rules enforced?
- 70Enforcement of the law on unfair contract terms
- Supplementary provisions
- 71Duty of court to consider fairness of term
- 72Application of rules to secondary contracts
- 73Disapplication of rules to mandatory terms and notices
- 74Contracts applying law of a country other than the UK
- 75Changes to other legislation
- 76Interpretation of Part 2
- Part 3: Miscellaneous and General
- Chapter 1: Enforcement etc.
- 77Investigatory powers etc
- 78Amendment of weights and measures legislation regarding unwrapped bread
- 79Enterprise Act 2002: enhanced consumer measures and other enforcement
- 80Contravention of code regulating premium rate services
- Chapter 2: Competition
- 81Private actions in competition law
- 82Appointment of judges to the Competition Appeal Tribunal
- Chapter 4: Student complaints scheme
- 89Qualifying institutions for the purposes of the student complaints scheme
- Chapter 5: Secondary ticketing
- 90Duty to provide information about tickets
- 91Prohibition on cancellation or blacklisting
- 92Duty to report criminal activity
- 93Enforcement of this Chapter
- 94Duty to review measures relating to secondary ticketing
- 95Interpretation of this Chapter
- Chapter 6: General
- 96Power to make consequential provision
- 97Power to make transitional, transitory and saving provision
- 98Financial provision
- 99Extent
- 100Commencement
- 101Short title
- Schedule 1: Amendments consequential on Part 1
- Supply of Goods (Implied Terms) Act 1973 (c. 13)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Sale of Goods Act 1979 (c. 54)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Supply of Goods and Services Act 1982 (c. 29)
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)
- 53Paragraph 53
- Regulatory Enforcement and Sanctions Act 2008 (c. 13)
- 54Paragraph 54
- Consequential repeal and revocation
- 55Paragraph 55
- Schedule 2: Consumer contract terms which may be regarded as unfair
- Part 1: List of terms
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Part 2: Scope of Part 1
- Financial services
- 21Paragraph 21
- 22Paragraph 22
- Contracts which last indefinitely
- 23Paragraph 23
- Sale of securities, foreign currency etc
- 24Paragraph 24
- Price index clauses
- 25Paragraph 25
- Schedule 3: Enforcement of the law on unfair contract terms and notices
- Application of Schedule
- 1Paragraph 1
- Consideration of complaints
- 2Paragraph 2
- Application for injunction or interdict
- 3Paragraph 3
- Notification of application
- 4Paragraph 4
- Determination of application
- 5Paragraph 5
- Undertakings
- 6Paragraph 6
- Publication, information and advice
- 7Paragraph 7
- Meaning of “regulator”
- 8Paragraph 8
- Other definitions
- 9Paragraph 9
- The Financial Conduct Authority
- 10Paragraph 10
- Schedule 4: Amendments consequential on Part 2
- Misrepresentation Act 1967 (c. 7)
- 1Paragraph 1
- Unfair Contract Terms Act 1977 (c. 50)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Companies Act 1985 (c. 6)
- 28Paragraph 28
- Merchant Shipping Act 1995 (c. 21)
- 29Paragraph 29
- Arbitration Act 1996 (c. 23)
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)
- 34Paragraph 34
- Enterprise Act 2002 (c. 40)
- 35Paragraph 35
- Companies Act 2006 (c. 46)
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Consequential repeals
- 39Paragraph 39
- Schedule 5: Investigatory powers etc.
- Part 1: Basic concepts
- Overview
- 1Paragraph 1
- Enforcers
- 2Paragraph 2
- Domestic enforcers
- 3Paragraph 3
- ...
- 4.Paragraph 4. Repealed
- Public designated enforcers
- 5Paragraph 5
- Unfair contract terms enforcer
- 6Paragraph 6
- Officers
- 7Paragraph 7
- Interpretation of other terms
- 8Paragraph 8
- Part 2: The enforcer's legislation
- Enforcer's legislation
- 9Paragraph 9
- Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)
- 10Paragraph 10
- Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)
- 11Paragraph 11
- Powers to amend paragraph 10 or 11
- 12Paragraph 12
- Part 3: Powers in relation to the production of information
- Exercise of powers in this Part
- 13Paragraph 13
- Power to require the production of information
- 14Paragraph 14
- Procedure for notice under paragraph 14
- 15Paragraph 15
- Enforcement of notice under paragraph 14
- 16Paragraph 16
- Non-compliance with notice under paragraph 14: power of court to impose monetary penalties
- 16AParagraph 16A
- Non-compliance with notice under paragraph 14: powers of CMA to give provisional enforcement notice
- 16BParagraph 16B
- Non-compliance with notice under paragraph 14: power of CMA to give final enforcement notice
- 16CParagraph 16C
- Appeals against final enforcement notice
- 16DParagraph 16D
- Recovery of penalties imposed under paragraph 16C
- 16EParagraph 16E
- Statement of policy in relation to penalties under paragraph 16C
- 16FParagraph 16F
- Penalties imposed under paragraphs 16A and 16C: further provision
- 16GParagraph 16G
- Meaning of “turnover” for purposes of paragraphs 16A and 16C
- 16HParagraph 16H
- Power to amend amounts
- 16IParagraph 16I
- Miscellaneous
- 16JParagraph 16J
- Limitations on use of information provided in response to a notice under paragraph 14
- 17Paragraph 17
- Extra-territorial application in relation to notices under paragraph 14
- 17AParagraph 17A
- Means of giving notice under this Part of this Schedule
- 17BParagraph 17B
- Application to Crown
- 18Paragraph 18
- Part 4: Further powers exercisable by domestic enforcers and authorised enforcers
- Exercise of powers in this Part: domestic enforcers
- 19Paragraph 19
- Exercise of powers in this Part: authorised enforcers
- 20Paragraph 20
- Paragraph 20: listed enactments
- 20AParagraph 20A
- Power to purchase products
- 21Paragraph 21
- Power to observe carrying on of business etc
- 22Paragraph 22
- Power to enter premises without warrant
- 23Paragraph 23
- Application of paragraphs 25 to 31
- 24Paragraph 24
- Power to inspect products etc
- 25Paragraph 25
- Power to test equipment
- 26Paragraph 26
- Power to require the production of documents
- 27Paragraph 27
- Power to seize and detain goods
- 28Paragraph 28
- Power to seize documents required as evidence
- 29Paragraph 29
- Power to decommission or switch off fixed installations
- 30Paragraph 30
- 30AParagraph 30A
- Power to break open container etc
- 31Paragraph 31
- Power to enter premises with warrant
- 32Paragraph 32
- Entry to premises under warrant
- 33Paragraph 33
- Power to require assistance from person on premises
- 34Paragraph 34
- Definitions for purposes of this Part
- 35Paragraph 35
- Part 5: Provisions supplementary to Parts 3 and 4
- Offence of obstruction
- 36Paragraph 36
- Offence of purporting to act as officer
- 37Paragraph 37
- Access to seized goods and documents
- 38Paragraph 38
- Notice of testing of goods
- 39Paragraph 39
- Appeals against detention of goods and documents
- 40Paragraph 40
- Compensation
- 41Paragraph 41
- Meaning of “goods” in this Part
- 42Paragraph 42
- Part 6: Exercise of enforcement functions by area enforcers
- Interpretation of this Part
- 43Paragraph 43
- Investigatory powers
- 44Paragraph 44
- Civil proceedings
- 45Paragraph 45
- Criminal proceedings
- 46Paragraph 46
- Schedule 6: Investigatory powers: consequential amendments
- Registered Designs Act 1949 (c. 88)
- 1Paragraph 1
- Trade Descriptions Act 1968 (c. 29)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Hallmarking Act 1973 (c. 43)
- 10Paragraph 10
- Prices Act 1974 (c. 24)
- 11Paragraph 11
- Consumer Credit Act 1974 (c. 39)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Estate Agents Act 1979 (c. 38)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Video Recordings Act 1984 (c. 39)
- 27Paragraph 27
- Weights and Measures Act 1985 (c. 72)
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Consumer Protection Act 1987 (c. 43)
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Education Reform Act 1988 (c. 40)
- 47Paragraph 47
- Copyright, Designs and Patents Act 1988 (c. 48)
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Clean Air Act 1993 (c. 11)
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- Sunday Trading Act 1994 (c. 20)
- 58Paragraph 58
- Trade Marks Act 1994 (c. 26)
- 59Paragraph 59
- Olympic Symbol etc (Protection) Act 1995 (c. 32)
- 60Paragraph 60
- Criminal Justice and Police Act 2001 (c. 16)
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- Enterprise Act 2002 (c. 40)
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- Fireworks Act 2003 (c. 22)
- 82Paragraph 82
- Christmas Day (Trading) Act 2004 (c. 26)
- 83Paragraph 83
- Financial Services Act 2012 (c. 21)
- 84Paragraph 84
- Consequential repeals and revocations
- 85Paragraph 85
- Schedule 7: Enterprise Act 2002: enhanced consumer measures and other enforcement
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 8: Private actions in competition law
- Part 1: Competition Act 1998
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 2: Enterprise Act 2002
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Part 3: Courts and Legal Services Act 1990
- 37Paragraph 37
- Notice of intent
- 1Paragraph 1
- Right to make representations
- 2Paragraph 2
- Final notice
- 3Paragraph 3
- Withdrawal or amendment of notice
- 4Paragraph 4
- Appeals
- 5Paragraph 5
- Recovery of financial penalty
- 6Paragraph 6
- Schedule 10: Secondary ticketing: financial penalties
- Notice of intent
- 1Paragraph 1
- Right to make representations
- 2Paragraph 2
- Final notice
- 3Paragraph 3
- Withdrawal or amendment of notice
- 4Paragraph 4
- Appeals
- 5Paragraph 5
- Recovery of financial penalty
- 6Paragraph 6