Consumer Rights Act 2022

Consumer contract terms presumed to be unfair

133. (1) Part 1 of Schedule 5 contains an indicative and non-exhaustive list of terms of consumer contracts that shall be presumed to be unfair for the purposes of this Part.

(2) Part 1 of Schedule 5 is subject to the provisions of Part 2 of that Schedule.

(3) Subject to section 131 , a term of a consumer contract referred to in Part 1 of Schedule 5 may be assessed for unfairness under section 130 .

(4) The Minister may by regulations specify further terms of consumer contracts that shall be presumed to be unfair for the purposes of this Part.

(5) The Minister may make regulations under subsection (4) only where the Minister is satisfied, after consultation with such persons as the Minister considers appropriate, that it is necessary in the interests of consumer protection and fair competition to do so.