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Regulation 6 Assessment of unfair termsF1I1

England, Wales and Scotland

(1)

Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.

(2)

In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate–

(a)

to the definition of the main subject matter of the contract, or

(b)

to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.

Annotations

Textual amendments

F1

Regulations revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 34; S.I. 2015/1630, art. 3(g) (with savings in art. 6(1))

Commencement

I1

Reg. 6 in force at 1.10.1999, see reg. 1