Structure of the Act
22.The Act consists of three parts and ten Schedules. The general arrangement of the Act is as follows:
| Part | Summary |
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| Part 1 | Sets out the standards that goods must meet. Consolidates and aligns the currently inconsistent remedies available to consumers for goods supplied under different contract types, such as sale, work and materials, conditional sale or hire purchase. Sets a time period of 30 days in which consumers can reject substandard goods and be entitled to a full refund. Limits the number of repairs or replacements of substandard goods before traders must offer some money back. Sets limits on the extent to which traders may reduce the level of refund (where goods are not rejected initially) to take account of the use of the goods the consumer has had up to that point. Introduces a new category of digital content. Introduces tailored quality rights for digital content. Introduces tailored remedies if the digital content rights are not met. Introduces a new statutory right that if a trader provides information in relation to a service, and the consumer takes this information into account, the service must comply with that information. Introduces new statutory remedies when things go wrong with a service. Makes it clear that consumers can always request these rights and remedies when a trader supplies a service to them.
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| Part 2 including Schedules 2, 3 and 4 | Consolidates the legislation governing unfair contract terms in relation to consumer contracts, which currently is found in two separate pieces of legislation, into one place, removes anomalies and overlapping provisions in relation to consumer contracts. Makes clearer the circumstances when the price or subject matter of the contract cannot be considered for fairness and in particular makes clear that to avoid being considered for fairness those terms must be transparent and prominent. Clarifies the role of and extends the indicative list of terms which may be regarded as unfair (the so-called ‘grey list’).
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| Part 3 including Schedules 5, 6, 7, 8, 9 and 10 | Consolidates and simplifies the investigatory powers of consumer law enforcers in relation to the listed legislation and sets them out in one place as a generic set(). Clarifies the law so that trading standards are able to work across local authority boundaries as simply and efficiently as possible. Introduces new powers for public enforcers to seek, through applying to the civil courts: Redress for consumers who have been disadvantaged by breaches of consumer law; Remedies from traders who have breached consumer law to improve their compliance and reduce the likelihood of future breaches, and/or Remedies to give consumers more information so they can exercise greater choice and help improve the functioning of the market for consumers and other businesses.
Includes a power for the Secretary of State to extend the use of the enhanced consumer measures to private designated enforcers providing certain conditions are met and subject to safeguards on their use. Clarifies the maximum penalties that the regulator of premium rate services can impose on non-compliant and rogue operators. Establishes the CAT as a major venue for competition actions in the UK. Introduces a limited opt-out collective actions regime, with safeguards, for competition law. Promotes ADR for competition cases. Changes the way in which judges are able to sit as chairs in the Competition Appeals Tribunal (CAT). Imposes a duty on letting agents to publicise fees and a statement of whether or not they are a member of a client money protection scheme and which redress scheme they have joined. Expands the list of higher education providers which are required to join the higher education complaints handling scheme. Includes certain requirements relating to resale of tickets for recreational, sporting and cultural events.
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