SCHEDULE 4 Amendments Consequential on Part 2

SCHEDULE 4 Amendments Consequential on Part 2

Section 75

Misrepresentation Act 1967 (c 7)

1

(1)     Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.

(2)     At the beginning insert “(1)”.

(3)     At the end insert—

“(2)     This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).”

Unfair Contract Terms Act 1977 (c 50)

2

The Unfair Contract Terms Act 1977 is amended as follows.

3

In section 1(2) (scope of Part 1) for “to 4” substitute “, 3”.

4

In section 2 (negligence liability), after subsection (3) insert—

“(4)     This section does not apply to—

(a)     a term in a consumer contract, or

(b)     a notice to the extent that it is a consumer notice,

(but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).”

5

(1)     Section 3 (liability arising in contract) is amended as follows.

(2)     In subsection (1) omit “as consumer or”.

(3)     After subsection (2) insert—

“(3)     This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).”

6

Omit section 4 (unreasonable indemnity clauses).

7

Omit section 5 (“guarantee” of consumer goods).

8

(1)     Section 6 (sale and hire-purchase) is amended as follows.

(2)     After subsection (1) insert—

“(1A)     Liability for breach of the obligations arising from—

(a)    

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