SCHEDULE 3 Enforcement of the Law on Unfair Contract Terms and Notices
SCHEDULE 3 Enforcement of the Law on Unfair Contract Terms and Notices

1

This Schedule applies to—

(a)     a term of a consumer contract,

(b)     a term proposed for use in a consumer contract,

(c)     a term which a third party recommends for use in a consumer contract, or

(d)     a consumer notice.

2

(1)     A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).

(2)     If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3)     If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

3

(1)     A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—

(a)     the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and

(b)     the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5).

(2)     A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in—

(a)     section 31 (exclusion of liability: goods contracts),

(b)     section 47 (exclusion of liability: digital content contracts),

(c)     section 57 (exclusion of liability: services contracts), or

(d)     section 65(1) (business liability for death or personal injury resulting from negligence).

(3)     A term or notice falls within this sub-paragraph if

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