Consumer Rights Act 2022
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Application (Part 5) | ||
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97. (1) Subject to subsections (3) to (8) and sections 98 , 104 , 111 and 119 to 121 , this Part applies to any contract specified in subsection (2) that is concluded between a trader and a consumer on or after the day on which this section comes into operation. | ||
(2) The contracts referred to in subsection (1) are: | ||
(a) a sales contract; | ||
(b) a service contract; | ||
(c) a contract for the supply of digital content that is not supplied on a tangible medium; | ||
(d) a digital service contract; | ||
(e) a contract for the supply of water, gas or electricity that is not supplied in a limited volume or set quantity; | ||
(f) a contract for the supply of district heating. | ||
(3) This Part does not apply to any of the following contracts concluded between a trader and a consumer: | ||
(a) subject to section 121 (6), a contract for financial services (other than a payment for such services in any contract to which this Part applies); | ||
(b) a contract for rental of accommodation for residential purposes. | ||
(4) This Part (other than Chapter 6) does not apply to any of the following contracts concluded between a trader and a consumer: | ||
(a) a contract for gambling; | ||
(b) a contract for the creation, acquisition or transfer of immovable property or of rights in immovable property; | ||
(c) a contract for the construction of new buildings or the substantial conversion of existing buildings; | ||
(d) a contract within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 200914 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts; | ||
(e) a contract established, in accordance with the law of a Member State, by a public office-holder who has a statutory duty to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope; | ||
(f) a contract for the supply of foodstuffs, beverages or other goods, intended for current consumption in the household, and which are physically supplied by the trader on frequent and regular rounds to the consumer’s home, residence or workplace; | ||
(g) a contract concluded by means of automatic vending machines or automated commercial premises; | ||
(h) a contract concluded with a telecommunications operator through a public pay telephone for the use of the telephone; | ||
(i) a contract concluded for the use of one single connection by telephone, internet or fax established by a consumer; | ||
(j) a contract for any goods sold by way of execution or otherwise by authority of law. | ||
(5) Subject to subsections (6) and (7), this Part does not apply to— | ||
(a) a package travel contract or a linked travel arrangement, or | ||
(b) a contract for passenger transport services. | ||
(6) Sections 108 and 122 to 124 shall apply in relation to a package travel contract or a linked travel arrangement concluded on or after the day on which this section comes into operation subject to the following modifications and any other necessary modifications: | ||
(a) a reference to a trader shall be construed as a reference to an organiser or a trader (within the meaning of the Package Holidays and Travel Trade Act 1995 ) facilitating linked travel arrangements; | ||
(b) a reference to a consumer shall be construed as a reference to a traveller; | ||
(c) a reference to a contract shall be construed as a reference to a package travel contract or a linked travel arrangement. | ||
(7) Sections 108 and 122 to 124 shall apply in relation to a contract for passenger transport services concluded on or after the day on which this section comes into operation. | ||
(8) Chapters 2 and 6 of this Part shall apply to a contract for the supply of healthcare concluded between a trader and a consumer on or after the day on which this section comes into operation but otherwise this Part does not apply to such a contract. | ||
(9) Chapter 5 shall also apply to a contract, concluded on or after the day on which this section comes into operation, for— | ||
(a) a service in addition to the urgent repairs or maintenance requested by the consumer, and | ||
(b) goods other than replacement parts necessarily used in carrying out the maintenance or making the repairs, | ||
provided by the trader on the occasion of a visit made for the purpose of carrying out urgent repairs or maintenance. | ||
(10) For the purposes of subsection (4)(e), “Member State” means a Member State of the European Union or, not being such a Member State, a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (as adjusted by the Protocol signed at Brussels on 17 March 1993). | ||
(11) In this section— | ||
“gambling” means wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions; | ||
“healthcare” means health services provided by health professionals to patients in order to assess, maintain or restore their state of health, whether or not these services are provided via healthcare facilities, and includes the prescription, dispensing and provision of medicinal products and medical devices; | ||
“health professional”, “medical device”, “medicinal product”, “patient” and “prescription” have the meanings assigned to them by Directive 2011/24/EU of the European Parliament and of the Council of 9 March 201116 on the application of patients’ rights in cross-border healthcare; | ||
“passenger transport services” means services for the conveyance of passengers by air, rail, road, sea or waterway, but excludes car rental services. | ||