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The Sale and Supply of Goods to Consumers Regulations 2002

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The Sale and Supply of Goods to Consumers Regulations 2002 List of acts
 Selected UK Acts and Regulations
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Crown Copyright Acknowledged
CONTENTS

STATUTORY INSTRUMENTS

2002 No. 3045

CONSUMER PROTECTION

The Sale and Supply of Goods to Consumers Regulations 2002

Made 10th December 2002  
Laid before Parliament 11th December 2002  
Coming into force 31st March 2003

 

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to consumer protection, in exercise of the powers conferred on her by that subsection, makes the following Regulations:

Title, commencement and extent

1. - (1) These Regulations may be cited as the Sale and Supply of Goods to Consumers Regulations 2002 and shall come into force on 31st March 2003.

(2) These Regulations extend to Northern Ireland.

Interpretation

2. In these Regulations -

"consumer" means any natural person who, in the contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession;

"consumer guarantee" means any undertaking to a consumer by a person acting in the course of his business, given without extra charge, to reimburse the price paid or to replace, repair or handle consumer goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising;

"court" in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland, the sheriff or the Court of Session;

"enforcement authority" means the Director General of Fair Trading, every local weights and measures authority in Great Britain and the Department of Enterprise, Trade and Investment for Northern Ireland;

"goods" has the same meaning as in section 61 of the Sale of Goods Act 1979[3];

"guarantor" means a person who offers a consumer guarantee to a consumer; and

"supply" includes supply by way of sale, lease, hire or hire-purchase.

Amendments to the Sale of Goods Act 1979

Additional implied terms in consumer cases
3. - (1) Section 14 of the Sale of Goods Act 1979 is amended as follows.

(2) After subsection (2C) insert -

" (2D) If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E) A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that -

(a) at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b) before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c) the decision to buy the goods could not have been influenced by the statement.

(2F) Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.".

 
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