OpenLegislation

Section 233 Rights of redress: further provisionI1I2

United Kingdom

(1)

The Secretary of State may by regulations provide for any of the following descriptions of rights to be exercisable by a consumer who has rights of redress under this Chapter—

(a)

a right to unwind in respect of a relevant contract or consumer payment;

(b)

a right to a discount in respect of a supply of a product under a relevant contract;

(c)

a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.

(2)

Regulations under this section may include provision—

(a)

about how a right is to be exercised by the consumer;

(b)

for an amount of discount mentioned in subsection (1)(b) to be determined in accordance with the regulations;

(c)

about the circumstances in which damages mentioned in subsection (1)(c) are or are not payable;

(d)

imposing conditions or restrictions on the exercise of a right;

(e)

about the consequences of the exercise of a right;

(f)

excluding products of a description specified in the regulations from the application of the rights of redress available under this Chapter.

(3)

Provision under subsection (2)(e) about the consequences of the exercise of a right may (among other things)—

(a)

provide for the termination of a relevant contract;

(b)

require the trader to make a refund of an amount determined in accordance with the regulations;

(c)

require goods supplied under a relevant contract to be returned or for payment to be made in respect of such goods.

(4)

In this section, “relevant contract” means—

(a)

a business-to-consumer contract;

(b)

a consumer-to-business contract.

(5)

Regulations under this section are subject to the affirmative procedure.

Annotations

Commencement

I1

S. 233 in force at Royal Assent for specified purposes, see s. 339(2)(c)

I2

S. 233 in force at 6.4.2025 in so far as not already in force by S.I. 2025/272, reg. 2(1)(3)