Consumer Rights Act 2022

Power of Minister to restrict or extend application of Part 4

76. (1) Subject to section 75 and subsection (3), the Minister may by regulations provide that this Part or any provision of this Part specified in the regulations—

(a) shall not apply to a class or description of service so specified, or

(b) shall apply to a class or description of service so specified but only in the circumstances so specified.

(2) Subject to section 75 and subsection (3), the Minister may by regulations provide for the application of this Part to the following class of contract, namely a contract between a trader and a consumer for the supply of a service under which the consumer—

(a) does not pay or undertake to pay the price of the service, and

(b) provides or undertakes to provide personal data to the trader, other than where the personal data are processed by the trader in accordance with this Part or for the purpose only of complying with any other legal requirement to which the trader is subject.

(3) The Minister may make regulations under subsection (1) only where the Minister is satisfied, after consultation with such persons as the Minister considers appropriate, that such regulations would be in the interests of consumer protection and fair competition.

(4) The Minister may make regulations under subsection (2) only where the Minister is satisfied, after consultation with such persons as the Minister considers appropriate, that—

(a) contracts of the class proposed to be specified in regulations under subsection (2) are being concluded on a significant scale, and

(b) the regulation of that class of contract would be in the interests of consumer protection and fair competition.

(5) Regulations under subsection (1) or (2) may provide that the application of this Part to the class or description of service referred to in subsection (1) or, as the case may be, the class of contract referred to in subsection (2), and specified in the regulations, shall be subject to such modifications as may be so specified.