consumer rights act 2015 travel

The Consumer Rights Act 2015

Consumer advice.

If you need advice on consumer issues you can check our online advice .

About the Act

What is happening.

The Consumer Rights Act came into force on 1 October 2015. The law is now clearer and easier to understand, meaning that consumers can buy and businesses can sell to them with confidence. On the rare occasions when problems arise, disputes can now be sorted out more quickly and cheaply. Alternative Dispute Resolution, for example through an Ombudsman, offers a quicker and cheaper way of resolving disputes than going through the courts. The changes are relevant to all consumers and every business which sells directly to them.

UK consumers spend £90 billion a month. Transparent rights will help them to make better choices when they buy and save them time and money.

What do I need to know?

The Consumer Rights Act came into force on 1 October 2015 which meant from that date new consumer rights became law covering:

what should happen when goods are faulty;

what should happen when digital content is faulty;

how services should match up to what has been agreed, and what should happen when they do not, or when they are not provided with reasonable care and skill;

unfair terms in a contract;

what happens when a business is acting in a way which isn’t competitive;

written notice for routine inspections by public enforcers, such as Trading Standards; and

greater flexibility for public enforcers, such as Trading Standards, to respond to breaches of consumer law, such as seeking redress for consumers who have suffered harm.

Most of these changes were important updates to existing laws. But two new areas of law were also introduced.

For the first time rights on digital content have been set out in legislation. The Act gives consumers a clear right to the repair or replacement of faulty digital content, such as online film and games, music downloads and e-books. The law here had been unclear and this change has brought us up to date with how digital products have evolved.

There are now also new, clear rules for what should happen if a service is not provided with reasonable care and skill or as agreed. For example, the business that provided the service must bring it into line with what was agreed with the customer or, if this is not practical, must give some money back.

The Consumer Rights Act 2015 stands alongside Regulations to create a greatly simplified body of consumer law. Taken together, they set out the basic rules which govern how consumers buy and businesses sell to them in the UK.

And, what about Alternative Dispute Resolution?

Alternative Dispute Resolution is now available to all businesses to help when a dispute with a consumer cannot be settled directly. Before the Consumer Rights Act became law, this service had only been available in certain sectors. A business which is involved in a dispute will now need to make the consumer aware of a relevant certified Alternative Dispute Resolution provider. The business should also let the consumer know whether or not they are prepared to use the Alternative Dispute Resolution provider to deal with the dispute. However, a business does not have to use Alternative Dispute Resolution unless it operates in a sector where existing legislation makes it mandatory (for example, financial services).

What should I do?

The new laws mean you should be able to learn much more easily what your rights entitle you to and what they don’t. You should bear in mind your rights when you research purchases and when you decide between providers. You should be clear where to go for more information in advance of a purchase and what to do if a problem arises.

Citizens Advice is now the primary source of information and advice on these new laws for consumers through its Consumer Service. You can call our consumer helpline on 0808 223 1133 or you can talk to a Welsh-speaking adviser on 0808 223 1144 . The helplines are open Monday to Friday 9am to 5pm . They are not open on bank holidays. Alternatively you can e-mail us your consumer inquiry using the form on our website.

Questions and answers about new consumer laws

Questions and answers

Examples of using the new consumer laws

Practical examples

Summaries of your consumer rights

For digital content

For goods bought in a shop

For goods ordered at home

For services paid for in a shop

For services ordered at home

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Introduction

The background to holiday law

In this section

'misleading actions and omissions', climate change, flights and their carbon footprint, guidance for travel agents.

Bruce Treloar, CTSI Lead Officer for Holiday and Travel Law

Under the Package Travel and Linked Travel Arrangements Regulations 2018 (2018 PTRs), package holidays and linked travel arrangements (LTAs) are often complex combinations of travel services, which include transport and accommodation but may also include other services, such as car hire, and significant 'other tourist services', such as excursions. Different service providers (for example, airlines and hotels) are often involved and a problem with the delivery of one service may affect the delivery of the others.

There are four travel services in the 2018 PTRs; these are:

• transport. This would involve the carriage of travellers and includes flights, rail travel, boats and coaches
• accommodation. This could include hotels, apartments, cottages, castles, etc
• motor vehicle hire. This would include motorcycle hire
• any 'other tourist service'. These are services that make up "an essential element of the package" and could include tickets for concerts or the theatre

The following are exempt from the 2018 PTRs:

• packages and LTAs that last less than 24 hours, unless there was overnight accommodation included
• packages and LTAs that are organised occasionally and on a not-for-profit basis for a limited group of travellers, such as a one-off trip arranged by a church for its members
• business travel unless purchased from consumer-based providers - for example, high street or online travel agents

Businesses will have to accept that separate selection and purchase of travel services will come under the 2018 PTRs. For example, in the case of a traveller visiting a high street travel agent or online travel agent, paying for a flight and, without leaving the travel agent or moving to another website, deciding to book and pay for a hotel to 'link' with the flight.

Businesses that sell online packages and LTAs are also affected by the 2018 PTRs. These businesses may particularly be affected by what is known as a linked online booking process. A linked online booking process is where the traveller's name, payment details and email address are sent from the first trader they purchase from to a 'targeted' second trader, where a purchase is made no longer than 24 hours after the first service was purchased.

For example, a traveller visits an airline website and buys a flight. As the website reaches the payment page, there is a link to a hotel site. The traveller purchases the flight, then clicks on the link. Their name, payment details and email address appear on the hotel website. If they pay for a hotel booking within a 24-hour period it becomes a package and the airline becomes the 'organiser' of the package, which means it must provide insolvency protection for the whole package, including repatriation, and will be responsible for all elements of the package.

However, if the traveller's name, payment details and email address do not appear on the hotel website, but the sale goes ahead within 24 hours, this will make it an LTA (as opposed to a package). In these circumstances, the 'facilitator' of the LTA (the airline) only needs to provide insolvency protection for itself, not the hotel. As a transport provider, if the airline collapses while the traveller is still abroad, it will also have to provide repatriation so they can get home. The airline will not , however, be responsible for the hotel operations, nor will it be responsible if the hotel goes into administration before the traveller's departure.

The 2018 PTRs consider alternative sales of holidays; despite the enduring popularity of the package holiday, tastes in holidays continue to evolve. Mix-and-match options have been facilitated by technological changes and the 2018 PTRs attempted to regulate these trends, partly by introducing LTAs and making it clear that travellers should be aware of exactly what protection is available to them.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) specifically introduced an offence relating to this. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice.

The UK's exit from the European Union on 31 January 2020* affected a number of requirements under the 2018 PTRs. Notably it involved UK businesses having to be aware of changes to insolvency protection rules. Originally the 2018 PTRs were keen to encourage EU Member States (which the UK was at the time) to recognise the differing insolvency protection in each of the Member States (this was called 'mutual recognition'). It meant that as long as a UK package organiser complied with the UK insolvency protection rules, they could sell their packages in any of the other EU Member States.

[*The official leaving date of 31 January 2020 was followed by a transition period, which ended on 31 December 2020.]

However, since the UK's exit from the EU, this no longer applies. UK package organisers have to ensure that, if they sell package holidays in EU Member States, they will comply with the Member State's insolvency protection rules. In many cases, UK package organisers have to obtain a licence to operate in that Member State.

The 2018 PTRs have no specific offence for providing misleading or inaccurate statements (which the 1992 PTRs did have). Therefore, businesses should be aware that enforcing the 2018 PTRs will involve the CPRs, which highlight the giving of any misleading information regarding all holidays, but specifically packages in the 2018 PTRs. Another piece of law, the Consumer Rights Act 2015, would also be used to ensure that the booking conditions of businesses that provide holidays were not unfair.

To help genuine businesses combat fraudulent behaviour, the Fraud Act 2006 is used to investigate false or misleading representations with the intention of making a gain. Details will be given later in this section of a fake online air ticket scam by a travel agent who the courts jailed. 'Cease and desist' letters are also explained to help businesses prevent scammers infringing intellectual property rights.

Without any doubt, the outbreak of COVID-19 affected all package holiday sales and caused considerable problems for businesses that were required to offer refunds when packages had to be cancelled.

Many businesses providing package holidays were exposed as they were unable, in a number of cases, to obtain refunds from suppliers of the travel services constituting the package. The emergence of refund credit notes were accepted by some travellers in place of an immediate refund, and those flight-inclusive package holidays protected by an Air Travel Organiser's Licence (ATOL) were also given the option of an ATOL refund credit note, which was underwritten by the Treasury.

Climate change and the carbon footprint of some transport providers are also of concern. A carbon footprint is a simple way to express the problems for airlines. The 'size' of their carbon footprint depends on multiple factors, the primary one being the amount of greenhouse gas emissions released into the atmosphere.

The purpose of this guide is to provide key points and guidance for business in understanding the requirements of the 2018 PTRs, including case studies of actual situations showing how the rules are applicable.

The guide will also highlight the help and assistance for business in the 2018 PTRs and cover the issue of the Foreign, Commonwealth and Development Office advice and whether it affects sales of package holidays.

All businesses selling packages and LTAs to travellers in the UK, even if they are established in an EU Member State, will have to comply with the UK insolvency protection schemes. This will mean that all organisers of flight-inclusive packages sold in the UK will need to hold an ATOL. Similarly, organisers of non-flight packages and facilitators of LTAs sold in the UK will need to arrange bonding, insurance or a trust account in accordance with UK rules.

Where UK-established businesses target citizens in EU Member States to sell package holidays or facilitate LTAs, the rules have changed since the UK's exit from the EU. There is a requirement for UK businesses to take out insolvency protection in accordance with the rules of each Member State into which they sell package holidays or facilitate LTAs.

Many of the requirements of the 2018 PTRs will be familiar to those used to organising package holidays. However, the definitions and scope of the requirements mean it is likely that many more travel companies will have to ensure that their business systems and practices take account of the rules. There are three main areas of which businesses will need to be aware:

1. Businesses will need to put in place processes and procedures when making package holiday sales in travel agencies, on the telephone or on their website, to ensure the relevant information provisions for pre- and post-contract information requirements are met. The 2018 PTRs include criminal offences if these information provisions are not followed.

2. Businesses will need to provide insolvency protection for the money they take from travellers by holding an ATOL for flight-inclusive packages or non-flight packages, by providing a bond or insurance policy, or by holding the money in a trust account. The 2018 PTRs also require an organiser using a trust account to obtain insurance to ensure that if they collapse when the traveller is on holiday, repatriation (returning them home) will be covered. It is also an offence if the organiser of the package informs their independent trustee that the travellers have returned from their holiday when they haven't, in order to release money early into the organiser's trading account. The money in the trust account may only be released into the organiser's trading account when the travellers have returned from their package holiday.

3. UK-based travel agents that deal with non-UK organisers will be liable for the proper performance of the package and for insolvency protection, or must provide evidence that the non-UK organiser complies with these requirements.

Key points to help businesses understand the requirements of all holiday laws applicable to holiday and travel arrangements sold after 1 July 2018, and how Brexit may have affected some of the law:

• businesses will need to put in place processes and procedures when making sales in travel agencies, on the telephone or on their website, to ensure the traveller is given specific information before booking the package and also specific information when the confirmation invoice is presented
• businesses will need to provide security for the money they take from travellers by holding an Air Travel Organiser's Licence (ATOL) for flight-inclusive packages or, for non-flight packages or LTAs, by providing a bond or insurance policy, or by holding the money in a trust account
• trust accounts are becoming more popular for businesses to provide insolvency protection. With all trust accounts there must be an independent trustee who oversees it. The money taken from a traveller must be kept in the trust account until their return. It is an offence if the business requests the release of money into their trading account if the customer has not returned from their holiday

Definitions

The 2018 PTRs include definitions of package holidays and LTAs, as well as requirements to provide travellers with information before and after a booking. Comment will also be made on the way the law relates to telephone bookings.

It is important to establish whether you are acting as an 'organiser' or 'retailer' of package holidays. The Regulations define an organiser as either:

• a trader that combines and sells (or offers for sale) package holidays, whether directly or through another trader or
• the trader that, through an online booking process where a travel service is purchased from one trader, transmits the traveller's name, payment details and email address to another trader, and a contract with the second trader is concluded within 24 hours of the confirmation of the first travel service

The definition of a retailer is a trader that sells (or offers for sale) packages combined by an organiser - for example, a 'high-street' travel agent, an online travel agent, or someone who arranges travel contracts over the telephone.

The major elements of holiday and travel purchases (for example, online, on the telephone or in travel agencies) are covered by the 2018 PTRs.

There are six definitions of what constitutes a package holiday. In addition, some travellers want to select and purchase travel services separately, which is the purpose of the LTA.

Let's start with the six definitions of what constitutes a package holiday.

1. A package is created when travel services are combined by one trader and sold under a single contract. These types of packages are traditional packages, but unlike the previous Regulations, there is no mention that the packages must be 'pre-arranged' and they will include 'tailor-made holidays'.

2. Sold in a single booking process. A package is created when a traveller has selected from the same point of sale two or more travel services and then agrees to pay for them within the same booking process (this is a 'shopping basket' model where the point of sale could be high street travel agents, websites or telephone sales).

3. Sold at an inclusive / total price. For example, a travel agent or organiser puts together a selection of travel services for the same trip and sells it to the traveller for a total price.

4. Sold as a package (or under a similar term). For instance, 'combined-deal', 'all-inclusive' or 'all-in arrangement'.

5. Combined after the sale of the package, allowing subsequent choice (gift-box style packages).

This type of package is a difficult concept. It relates to arrangements where a trader sells a package that allows a traveller to pick and choose different travel services after they have concluded the contract. For example, a 'Tastes of the Region' package that allows you to choose from a selection of accommodation and a meal at a restaurant, to be selected from options, after the package has been purchased.

6. Sold through a linked online booking process, irrespective of whether the traveller concludes separate contracts.

This includes situations where a traveller purchases different travel services for the same trip through a linked online booking process where the traveller's name, payment details and email address are sent from the first trader they purchase from to a targeted second trader, and a contract is concluded with the second trader no longer than 24 hours after the first service was purchased.

This type of package is created when a traveller goes to, for example, an airline website to buy a flight and on this website is a link to an accommodation provider where the traveller's name, payment details and email address appear. As long as the traveller purchases accommodation within a 24-hour period it will become a package and the airline will become the organiser.

'Travel service'

As highlighted in the foreword, in order to create a package holiday, you need to combine and sell two or more different travel services from the four listed below.

1. Carriage of passengers. This includes flights, rail travel, boats and coaches.

2. Accommodation. It is important to note that accommodation that is intrinsically part of the carriage of passengers is not in scope. This includes hotels, apartments, cottages and castles.

3. Motor vehicle hire. This includes car and motorcycle hire.

4. Any other tourist services. These are services that are not intrinsically part of the carriage of passengers, accommodation or motor vehicle hire, but make up an essential element of the package. For example, a traveller books a golf break with a hotel or travel organiser that includes a pre-booking for rounds of golf, as well as the accommodation. This could be a package. However, a hotel booking for accommodation at a hotel that happens to have a golf course as a facility is not in itself a package. The golf course is simply a facility.

'Linked travel arrangements'

There are two different types of LTAs envisaged by the 2018 PTRs.

1. The first type is where a traveller selects and pays separately for at least two travel services during a single visit to a shop (for example, at a travel agent's where the traveller selects and pays for a hotel and then, without leaving the agent, pays separately for a flight) or website (for example, the traveller goes on to a website, selects and pays for a flight, and then while still on the website, selects and pays for a hotel).

2. The second type relates to online purchases with different traders. The traveller visits a website and purchases one travel service. They are then 'targeted' with a 'cross-sell' to another website trader and the traveller buys a travel service from that other trader within 24 hours (for example, an airline sells a traveller a flight; in the booking confirmation email, the airline invites them to book a hotel room with an accommodation website to go with their flight; the traveller clicks on the link and books a hotel within 24 hours of booking the flight). You will see from the comparison with an online package holiday sale, that with an LTA the traveller's name, payment details and email address are not on the second website and have to be added by the traveller and purchased separately.

Consumer Rights Act 2015

The Consumer Rights Act 2015 (CRA) requires that services provided by traders to consumers be performed in accordance with the contract, with reasonable care and skill, and at a reasonable price.

As a general rule, if something goes wrong with the supply of holidays and travel, consumers can claim their direct losses, but they cannot claim compensation for distress and inconvenience.

However, the law makes an exception for some types of contract, including contracts for package travel.

Therefore, as the purpose of a holiday is usually to provide enjoyment and relaxation, a consumer may be able to claim compensation for inconvenience and distress, on top of a refund and any other losses, if things go wrong.

A group of adults stayed at a hotel in Blackpool and were appalled by its run-down state. They wrote an online review criticising the hotel's inadequate parking, unsafe electrical wiring, worn-out beds, poor breakfasts and general uncleanliness. The hotel's policy document stated: "For every bad review left on the website, the group organiser will be charged a maximum £100 per review". The CRA addresses unfair terms in contracts. There was a clear CRA offence in this scenario. The Trading Standards officer investigating pointed out that it was illegal for the hotel to be able to say something bad about the customer for free, but to charge the customer to say something bad about the hotel.

Consumer Protection from Unfair Trading Regulations 2008

It is important for businesses to be aware of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) as they are used by regulators to pursue investigations where there have been misleading or deliberately false holiday and travel descriptions in brochures, online, in travel agencies or where sales are made over the telephone.

The CPRs prohibit 31 specific practices that are always considered to be unfair and create further offences for aggressive practices. They prohibit 'misleading actions' and 'misleading omissions' that cause, or are likely to cause, the average consumer to take a 'transactional decision' they would not have taken otherwise.

They apply to commercial practices relating to package holidays and travel services (including websites) before, during and after a contract is made.

Effectively the CPRs prohibit trading practices that are unfair to consumers. There are four different types of practices to consider:

• practices prohibited in all circumstances
• misleading actions and omissions
• aggressive practices
• general duty not to trade unfairly

For the last three practice types above it is necessary to show that the action of the trader has an effect (or is likely to have an effect) on the actions of the consumer in making a booking for a holiday. The test looks at the effect (or likely effect) on the average consumer, which means there is no need for evidence about how any particular individual was affected. As stated above, there are 31 of these 'banned' practices in the Regulations.

'Misleading availability'

It is important for businesses to be aware that they could commit an offence by showing prices that are misleading, especially due to the number of packages they have available when making their offers. There are two main problems, which are highlighted here as an example of problems that enforcers have faced:

• bait advertising (or 'bait and switch'). This is where a trader misleads a consumer into believing that they can buy a package holiday or travel service at a low price when the trader is aware that they do not have reasonable stock available or are not able to supply at that price; this is also where the trader attempts to 'up-sell' to a higher priced product
• falsely stating that a product is only available for a very limited time in order to encourage the consumer to make an immediate decision

An example of a breach of the law would be where an advertised sale of package holidays stated a finishing date for the offer, but the sale was continued after the advertised finishing date as few sales had been made.

An example of other specific banned practices can be found after 'Misleading actions and omissions' below.

The CPRs prohibit 'misleading actions' and 'misleading omissions' that cause, or are likely to cause, the average consumer to take a transactional decision they would not have taken otherwise. This does not only relate to pre-shopping, but also includes after-sales.

It is a breach of the CPRs to:

• omit material information
• hide material information
• provide material information in a manner that is unclear, unintelligible, ambiguous or untimely

'Material information' means information that the consumer needs to make an informed transactional decision and generally any information required to be given by law.

'Misleading actions' happen when a trader provides false information about important matters, such as the main characteristics of the product (even if the information is factually correct), or presents the product in such a way as to be likely to deceive the consumer regarding these matters.

An example of a breach of the law would be where flight prices are advertised but they do not include Government taxes.

'Misleading omissions' happen when a trader gives insufficient information about a holiday or travel service. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a holiday or travel service if this would cause the average consumer to take a transactional decision they would not have taken otherwise.

In one case, a family booked a stay in a Spanish apartment that was described as being "ideal for families, with a lovely south facing infinity swimming pool". When they arrived at the apartment they discovered that in front of the pool was a 12-foot drop on to the concrete car park below. The family contacted the trader, which offered them compensation and the use of another apartment nearby.

Some other banned practices are:

• claiming to be a signatory to a code of conduct when the trader is not - for example, claiming compliance with the ABTA Code of Conduct without being a member
• displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation - using the ABTA logo, for example
• claiming a code of conduct as an endorsement from a public or other body that it does not have
• claiming that a trader (including their commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not; or making such a claim without complying with the terms of the approval, endorsement or authorisation - for example, reference to ABTA
• making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that they will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising)

In August 2021, during the pandemic, there were seven flights that are of particular interest. They were on planes with a seat capacity of 189, but there were only approximately 38 passengers per flight. This was clearly a problem. The flights went ahead because otherwise the airline would have had to pay compensation under Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (European legislation transposed into UK law following Brexit). This law requires the airline to pay compensation for all their delayed, cancelled or overbooked flights.

There was also the problem with aircraft 'slot' allocations at airports. A slot gives the airline the ability to fly at all times during this period. The pressure to use these slots, specifically between May and October, is enormous, especially considering the financial penalty of almost £500,000 per slot, should a flight fail to happen. There is a concern that assimilated Regulation (EC) No 261/2004 and the slot allocation at airports affect climate change and the Government may well act to improve the situation.

If you are a UK-based travel agent, you may also wish to read our ' Holiday law for travel agents ' guide.

> Part 1. The six key areas of travel law

Consumer Rights Act 2015 and rail

02 May 2018

On October 1 2016, the Consumer Rights Act 2015 came into force for all passenger rail services. Until then, the relationship and contract between a passenger and train company was largely governed by the train companies’ uniform National Rail Conditions of Travel and these typically tried to limit compensation to cases of delay and cancellation.

In very broad terms the new act brings together lots of earlier legislation and reaffirms that:

• services must be provided with reasonable care and skill
• information provided to a consumer before making a purchase, whether oral or in writing, is binding where the consumer relies on it

Passengers have a new right to claim compensation for things that go wrong beyond train performance. To be successful, however, a passenger would have to demonstrate to the court that the train company was at fault and/or that they specifically chose to travel on that service or with that operator based on information that was provided to them by the operator.

While the Consumer Rights Act creates a right for passengers to claim, it does not make it mandatory for train companies to pay out – an operator can dispute the claim if it wishes. A passenger then has the right to take the operator to court.

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Introductory Text

PART 1 Consumer contracts for goods, digital content and services

CHAPTER 1 Introduction

1. Where Part 1 applies

2. Key definitions

CHAPTER 2 Goods

What goods contracts are covered?

3. Contracts covered by this Chapter

4. Ownership of goods

5. Sales contracts

6. Contracts for the hire of goods

7. Hire-purchase agreements

8. Contracts for transfer of goods

What statutory rights are there under a goods contract?

9. Goods to be of satisfactory quality

10. Goods to be fit for particular purpose

11. Goods to be as described

12. Other pre-contract information included in contract

13. Goods to match a sample

14. Goods to match a model seen or examined

15. Installation as part of conformity of the goods with the contract

16. Goods not conforming to contract if digital content does not conform

17. Trader to have right to supply the goods etc

18. No other requirement to treat term about quality or fitness as included

What remedies are there if statutory rights under a goods contract are not met?

19. Consumer's rights to enforce terms about goods

20. Right to reject

21. Partial rejection of goods

22. Time limit for short-term right to reject

23. Right to repair or replacement

24. Right to price reduction or final right to reject

Other rules about remedies under goods contracts

25. Delivery of wrong quantity

26. Instalment deliveries

27. Consignation, or payment into court, in Scotland

Other rules about goods contracts

28. Delivery of goods

29. Passing of risk

30. Goods under guarantee

Can a trader contract out of statutory rights and remedies under a goods contract?

31. Liability that cannot be excluded or restricted

32. Contracts applying law of a country other than the UK

CHAPTER 3 Digital content

What digital content contracts are covered?

33. Contracts covered by this Chapter

What statutory rights are there under a digital content contract?

34. Digital content to be of satisfactory quality

35. Digital content to be fit for particular purpose

36. Digital content to be as described

37. Other pre-contract information included in contract

38. No other requirement to treat term about quality or fitness as included

39. Supply by transmission and facilities for continued transmission

40. Quality, fitness and description of content supplied subject to modifications

41. Trader's right to supply digital content

What remedies are there if statutory rights under a digital content contract are not met?

42. Consumer's rights to enforce terms about digital content

43. Right to repair or replacement

44. Right to price reduction

45. Right to a refund

Compensation for damage to device or to other digital content

46. Remedy for damage to device or to other digital content

Can a trader contract out of statutory rights and remedies under a digital content contract?

47. Liability that cannot be excluded or restricted

CHAPTER 4 Services

What services contracts are covered?

48. Contracts covered by this Chapter

What statutory rights are there under a services contract?

49. Service to be performed with reasonable care and skill

50. Information about the trader or service to be binding

51. Reasonable price to be paid for a service

52. Service to be performed within a reasonable time

53. Relation to other law on contract terms

What remedies are there if statutory rights under a services contract are not met?

54. Consumer's rights to enforce terms about services

55. Right to repeat performance

56. Right to price reduction

Can a trader contract out of statutory rights and remedies under a services contract?

57. Liability that cannot be excluded or restricted

CHAPTER 5 General and supplementary provisions

58. Powers of the court

59. Interpretation

60. Changes to other legislation

PART 2 Unfair terms

What contracts and notices are covered by this Part?

61. Contracts and notices covered by this Part

What are the general rules about fairness of contract terms and notices?

62. Requirement for contract terms and notices to be fair

63. Contract terms which may or must be regarded as unfair

64. Exclusion from assessment of fairness

65. Bar on exclusion or restriction of negligence liability

66. Scope of section 65

67. Effect of an unfair term on the rest of a contract

68. Requirement for transparency

69. Contract terms that may have different meanings

How are the general rules enforced?

70. Enforcement of the law on unfair contract terms

Supplementary provisions

71. Duty of court to consider fairness of term

72. Application of rules to secondary contracts

73. Disapplication of rules to mandatory terms and notices

74. Contracts applying law of a country other than the UK

75. Changes to other legislation

76. Interpretation of Part 2

PART 3 Miscellaneous and General

CHAPTER 1 Enforcement etc.

77. Investigatory powers etc

78. Amendment of weights and measures legislation regarding unwrapped bread

79. Enterprise Act 2002: enhanced consumer measures and other enforcement

80. Contravention of code regulating premium rate services

CHAPTER 2 Competition

81. Private actions in competition law

82. Appointment of judges to the Competition Appeal Tribunal

CHAPTER 3 Duty of letting agents to publicise fees etc

83. Duty of letting agents to publicise fees etc

84. Letting agents to which the duty applies

85. Fees to which the duty applies

86. Letting agency work and property management work

87. Enforcement of the duty

88. Supplementary provisions

CHAPTER 4 Student complaints scheme

89. Qualifying institutions for the purposes of the student complaints scheme

CHAPTER 5 Secondary ticketing

90. Duty to provide information about tickets

91. Prohibition on cancellation or blacklisting

92. Duty to report criminal activity

93. Enforcement of this Chapter

94. Duty to review measures relating to secondary ticketing

95. Interpretation of this Chapter

CHAPTER 6 General

96. Power to make consequential provision

97. Power to make transitional, transitory and saving provision

98. Financial provision

100. Commencement

101. Short title

Amendments consequential on Part 1

Supply of Goods (Implied Terms) Act 1973 (c. 13)

1. The Supply of Goods (Implied Terms) Act 1973 is amended...

2. For “hire-purchase agreement” (or “hire purchase agreement”) in each place,...

3. (1) Section 10 (implied undertakings as to quality or fitness)...

4. (1) Section 11A (modification of remedies for breach of statutory...

5. In section 12A (remedies for breach of hire-purchase agreement as...

6. Omit section 14 (special provisions as to conditional sale agreements)....

7. (1) Section 15 (supplementary) is amended as follows.

Sale of Goods Act 1979 (c. 54)

8. The Sale of Goods Act 1979 is amended as follows....

9. In section 1 (contracts to which Act applies), after subsection...

10. In section 11 (when condition to be treated as warranty),...

11. In section 12 (implied terms about title etc), after subsection...

12. In section 13 (sale by description), after subsection (4) insert—...

13. (1) Section 14 (implied terms about quality or fitness) is...

14. In section 15 (sale by sample), after subsection (4) insert—...

15. In section 15A (modification of remedies for breach of condition...

16. (1) Section 15B (remedies for breach of contract as respects...

17. (1) In section 20 (passing of risk), for subsection (4)...

18. In section 29 (rules about delivery), after subsection (3) insert—...

19. (1) Section 30 (delivery of wrong quantity) is amended as...

20. In section 31 (instalment deliveries) after subsection (2) insert—

21. In section 32 (delivery to carrier), for subsection (4) substitute—...

22. (1) Section 33 (risk where goods are delivered at distant...

23. (1) Section 34 (buyer's right of examining the goods) is...

24. (1) Section 35 (acceptance) is amended as follows.

25. In section 35A (right of partial rejection), after subsection (4)...

26. (1) Section 36 (buyer not bound to return rejected goods)...

27. Omit Part 5A (additional rights of buyer in consumer cases)....

28. In section 51 (damages for non-delivery), after subsection (3) insert—...

29. In section 52 (specific performance), after subsection (4) insert—

30. In section 53 (remedy for breach of warranty), after subsection...

31. In section 53A (measure of damages as respects Scotland), after...

32. (1) Section 54 (interest) is amended as follows.

33. In section 55 (exclusion of implied terms), after subsection (1)...

34. (1) Section 58 (payment into court in Scotland) is amended...

35. (1) Section 61 (interpretation) is amended as follows.

36. In section 62(2) (savings for rules of law etc), for...

Supply of Goods and Services Act 1982 (c. 29)

37. The Supply of Goods and Services Act 1982 is amended...

38. In each place— (a) for “contract for the transfer of...

39. In section 1 (the contracts concerned: transfer of property in...

40. In section 4 (implied terms about quality or fitness in...

41. In section 5A (modification of remedies for breach of statutory...

42. In section 6 (the contracts concerned: hire of goods, as...

43. In section 9 (implied terms about quality or fitness in...

44. In section 10A (modification of remedies for breach of statutory...

45. In section 11A (the contracts concerned: transfer of property in...

46. In section 11D (implied terms about quality or fitness in...

47. In section 11F (remedies for breach of contract) omit subsections...

48. In section 11G (the contracts concerned: hire of goods, as...

49. In section 11J (implied terms about quality or fitness in...

50. Omit Part 1B (additional rights of transferee in consumer cases)....

51. In section 12 (the contracts concerned: supply of services, as...

52. (1) Section 18 (interpretation: general) is amended as follows.

Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)

53. The Sale and Supply of Goods to Consumers Regulations 2002...

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

54. In Schedule 3 to the Regulatory Enforcement and Sanctions Act...

Consequential repeal and revocation

55. In consequence of the amendments made by this Schedule—

Consumer contract terms which may be regarded as unfair

PART 1 List of terms

1. A term which has the object or effect of excluding...

2. A term which has the object or effect of inappropriately...

3. A term which has the object or effect of making...

4. A term which has the object or effect of permitting...

5. A term which has the object or effect of requiring...

6. A term which has the object or effect of requiring...

7. A term which has the object or effect of authorising...

8. A term which has the object or effect of enabling...

9. A term which has the object or effect of automatically...

10. A term which has the object or effect of irrevocably...

11. A term which has the object or effect of enabling...

12. A term which has the object or effect of permitting...

13. A term which has the object or effect of enabling...

14. A term which has the object or effect of giving...

15. A term which has the object or effect of permitting...

16. A term which has the object or effect of giving...

17. A term which has the object or effect of limiting...

18. A term which has the object or effect of obliging...

19. A term which has the object or effect of allowing...

20. A term which has the object or effect of excluding...

PART 2 Scope of Part 1

Financial services

21. Paragraph 8 (cancellation without reasonable notice) does not include a...

22. Paragraph 11 (variation of contract without valid reason) does not...

Contracts which last indefinitely

23. Paragraphs 11 (variation of contract without valid reason), 12 (determination...

Sale of securities, foreign currency etc

24. Paragraphs 8 (cancellation without reasonable notice), 11 (variation of contract...

Price index clauses

25. Paragraphs 14 (determination of price after consumer bound) and 15...

Enforcement of the law on unfair contract terms and notices

Application of Schedule

1. This Schedule applies to— (a) a term of a consumer...

Consideration of complaints

2. (1) A regulator may consider a complaint about a term...

Application for injunction or interdict

3. (1) A regulator may apply for an injunction or (in...

Notification of application

4. (1) Before making an application under paragraph 3, a regulator...

Determination of application

5. (1) On an application for an injunction under paragraph 3,...

Undertakings

6. (1) A regulator may accept an undertaking from a person...

Publication, information and advice

7. (1) The CMA must arrange the publication of details of—...

Meaning of “regulator”

8. (1) In this Schedule “regulator” means— (a) the CMA,

Other definitions

9. In this Schedule— “the CMA” means the Competition and Markets...

The Financial Conduct Authority

10. The functions of the Financial Conduct Authority under this Schedule...

Amendments consequential on Part 2

Misrepresentation Act 1967 (c. 7)

1. (1) Section 3 of the Misrepresentation Act 1967 (avoidance of...

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”...

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

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

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....

9. (1) Section 7 (miscellaneous contracts under which goods pass) is...

10. Omit section 9 (effect of breach of contract).

11. Omit section 12 (“dealing as consumer”).

12. In section 13(1) (varieties of exemption clauses) for “and 5...

13. In section 14 (interpretation of Part 1), at the appropriate...

14. (1) Section 15 (scope of Part 2) is amended as...

15. In section 16 (liability for breach of duty), after subsection...

16. (1) Section 17 (control of unreasonable exemptions in consumer or...

17. Omit section 18 (unreasonable indemnity clauses in consumer contracts).

18. Omit section 19 (“guarantee” of consumer goods).

19. (1) Section 20 (obligations implied by law in sale and...

20. (1) Section 21 (obligations implied by law in other contracts...

21. Omit section 22 (consequence of breach of contract).

22. (1) Section 25 (interpretation of Part 2) is amended as...

23. In section 26(2) (international supply contracts) omit “or 4”.

24. (1) Section 27 (choice of law clauses) is amended as...

25. Omit section 28 (temporary provision for sea carriage of passengers)....

26. (1) Schedule 1 (scope of sections 2 to 4 and...

27. In Schedule 2 (“guidelines” for application of reasonableness test), for...

Companies Act 1985 (c. 6)

28. (1) Schedule 15D to the Companies Act 1985 (specified descriptions...

Merchant Shipping Act 1995 (c. 21)

29. In section 184 of the Merchant Shipping Act 1995 (application...

Arbitration Act 1996 (c. 23)

30. The Arbitration Act 1996 is amended as follows.

31. (1) Section 89 (application of unfair terms regulations to consumer...

32. For section 90 (regulations apply where consumer is a legal...

33. In section 91(1) (arbitration agreement unfair where modest amount sought)...

Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)

34. The Unfair Terms in Consumer Contracts Regulations 1999 are revoked....

Enterprise Act 2002 (c. 40)

35. In Schedule 15 to the Enterprise Act 2002 (enactments for...

Companies Act 2006 (c. 46)

36. The Companies Act 2006 is amended as follows.

37. (1) Section (A) of Part 2 of Schedule 2 (specified...

38. (1) Part 2 of Schedule 11A (specified descriptions of disclosures...

Consequential repeals

39. In consequence of the amendments made by this Schedule—

Investigatory powers etc.

PART 1 Basic concepts

1. (1) This Schedule confers investigatory powers on enforcers and specifies...

2. (1) In this Schedule “enforcer” means— (a) a domestic enforcer,...

Domestic enforcers

3. (1) In this Schedule “domestic enforcer” means—

Schedule 13 enforcers

4..  In this Schedule “ Schedule 13 enforcer ” means a...

Public designated enforcers

5. In this Schedule “public designated enforcer” means a person or...

Unfair contract terms enforcer

6. In this Schedule “unfair contract terms enforcer” means a person...

7. (1) In this Schedule “officer”, in relation to an enforcer,...

Interpretation of other terms

8. In this Schedule— “Schedule 13 infringement” has the same meaning...

PART 2 The enforcer's legislation

Enforcer's legislation

9. (1) In this Schedule “the enforcer's legislation”, in relation to...

Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)

10. The duties and powers mentioned in paragraph 9(1)(a) are those...

Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)

11. Here is the table mentioned in paragraph 9(1)(b)— Enforcer Legislation...

Powers to amend paragraph 10 or 11

12. (1) The Secretary of State may by order made by...

PART 3 Powers in relation to the production of information

Exercise of powers in this Part

13. (1) An enforcer of a kind mentioned in this paragraph...

Power to require the production of information

14. An enforcer or an officer of an enforcer may give...

Procedure for notice under paragraph 14

15. (1) A notice under paragraph 14 must be in writing...

Enforcement of notice under paragraph 14

16. (1) If a person fails to comply with a notice...

Limitations on use of information provided in response to a notice under paragraph 14

17. (1) This paragraph applies if a person provides information in...

Application to Crown

18. In its application in relation to— (a) an enforcer acting...

PART 4 Further powers exercisable by domestic enforcers and Schedule 13 enforcers

Exercise of powers in this Part: domestic enforcers

19. (1) A domestic enforcer may exercise a power in this...

Exercise of powers in this Part: Schedule 13 enforcers

20. (1) Any power in this Part of this Schedule which...

Power to purchase products

21. (1) An officer of an enforcer may—

Power to observe carrying on of business etc

22. (1) An officer of an enforcer may enter premises to...

Power to enter premises without warrant

23. (1) An officer of an enforcer may enter premises at...

Application of paragraphs 25 to 31

24. Paragraphs 25 to 31 apply if an officer of an...

Power to inspect products etc

25. (1) The officer may inspect any product on the premises....

Power to test equipment

26. (1) An officer of a domestic enforcer may test any...

Power to require the production of documents

27. (1) The officer may, at any reasonable time—

Power to seize and detain goods

28. (1) The officer may seize and detain goods other than...

Power to seize documents required as evidence

29. (1) The officer may seize and detain documents.

Power to decommission or switch off fixed installations

30. (1) The power in sub-paragraph (2) is available to an...

30A. (1) The power in sub-paragraph (2) is available to an...

Power to break open container etc

31. (1) The officer may, for the purpose of exercising any...

Power to enter premises with warrant

32. (1) A justice of the peace may issue a warrant...

Entry to premises under warrant

33. (1) A warrant under paragraph 32 authorises an officer of...

Power to require assistance from person on premises

34. (1) If an officer of an enforcer has entered premises...

Definitions for purposes of this Part

35. In this Part of this Schedule— “goods” has the meaning...

PART 5 Provisions supplementary to Parts 3 and 4

Offence of obstruction

36. (1) A person commits an offence if the person—

Offence of purporting to act as officer

37. (1) A person who is not an officer of an...

Access to seized goods and documents

38. (1) This paragraph applies where anything seized by an officer...

Notice of testing of goods

39. (1) Sub-paragraphs (3) and (4) apply where goods purchased by...

Appeals against detention of goods and documents

40. (1) This paragraph applies where goods or documents are being...

Compensation

41. (1) This paragraph applies where an officer of an enforcer...

Meaning of “goods” in this Part

42. In this Part of this Schedule “goods” does not include...

PART 6 Exercise of enforcement functions by area enforcers

Interpretation of this Part

43. In this Part, “area enforcer” means— (a) a local weights...

Investigatory powers

44. (1) Sub-paragraphs (3) to (6) apply in relation to an...

Civil proceedings

45. (1) Sub-paragraphs (4) to (7) apply in relation to civil...

Criminal proceedings

46. (1) A local weights and measures authority in England or...

Investigatory powers: consequential amendments

Registered Designs Act 1949 (c. 88)

1. (1) Section 35ZB of the Registered Designs Act 1949 (enforcement)...

Trade Descriptions Act 1968 (c. 29)

2. The Trade Descriptions Act 1968 is amended as follows.

3. In section 26 (enforcing authorities) after subsection (1) insert—

4. Omit section 27 (power to make test purchases).

5. Omit section 28 (power to enter premises and inspect and...

6. Omit section 29 (obstruction of authorised officers).

7. Omit section 30 (notice of test and intended prosecution).

8. Omit section 33 (compensation for loss, etc of goods seized...

9. (1) Section 40 (provisions as to Northern Ireland) is amended...

Hallmarking Act 1973 (c. 43)

10. (1) Section 9 of the Hallmarking Act 1973 (enforcement of...

Prices Act 1974 (c. 24)

11. (1) The Schedule to the Prices Act 1974 (enforcement) is...

Consumer Credit Act 1974 (c. 39)

12. The Consumer Credit Act 1974 is amended as follows.

13. In section 161 (enforcement authorities), after subsection (1A) insert—

14. Omit section 162 (powers of entry and inspection).

15. Omit section 163 (compensation for loss).

16. Omit section 164 (power to make test purchases etc).

17. Omit section 165 (obstruction of authorised officers).

18. In Schedule 1 (prosecution and punishment of offences) omit the...

Estate Agents Act 1979 (c. 38)

19. The Estate Agents Act 1979 is amended as follows.

20. In section 3(1)(cb) (power to make orders prohibiting unfit persons...

21. In section 9 (information for the lead enforcement authority) omit...

22. Omit section 11 (powers of entry and inspection).

23. Omit section 11A (failure to produce information).

24. In section 26 (enforcement authorities), after subsection (1) insert—

25. Omit section 27 (obstruction and personation of authorised officers).

26. (1) Paragraph 14 of Schedule 2 (applications under sections 6(1)...

Video Recordings Act 1984 (c. 39)

27. (1) Section 16A of the Video Recordings Act 1984 (enforcement)...

Weights and Measures Act 1985 (c. 72)

28. The Weights and Measures Act 1985 is amended as follows....

29. In section 38(2) (special powers of inspectors with respect to...

30. Omit section 42 (power to make test purchases).

31. Omit section 79 (general powers of inspection and entry).

32. Before section 80 insert— Investigatory powers For the investigatory powers available to a local weights and...

33. In section 80 omit “or the packaged goods regulations”.

34. In section 81(1)(b) (failure to provide assistance or information) omit...

35. (1) Section 84 (penalties) is amended as follows.

36. In paragraph 21(2)(b) of Schedule 11 (application of provisions applying...

Consumer Protection Act 1987 (c. 43)

37. The Consumer Protection Act 1987 is amended as follows.

38. In section 27 (enforcement) after subsection (3) insert—

39. Omit section 28 (test purchases).

40. (1) Section 29 (powers of search etc) is amended as...

41. (1) Section 30 (provisions supplemental to section 29) is amended...

42. In section 31(1) (power of customs officer to detain goods)...

43. In section 32(1) (obstruction of authorised officer)—

44. In section 33(1) (appeals against detention of goods) for “any...

45. In section 34(1) (compensation for seizure and detention) for “29”...

46. In section 44(4) (service of documents)— (a) omit “28(2) or”,...

Education Reform Act 1988 (c. 40)

47. (1) Section 215 of the Education Reform Act 1988 (unrecognised...

Copyright, Designs and Patents Act 1988 (c. 48)

48. The Copyright, Designs and Patents Act 1988 is amended as...

49. (1) Section 107A (enforcement of section 107 by local weights...

50. (1) Section 198A (enforcement of section 198 by local weights...

Clean Air Act 1993 (c. 11)

51. The Clean Air Act 1993 is amended as follows.

52. (1) Section 30 (regulations about motor fuel) is amended as...

53. In section 31 (regulations about sulphur content of oil fuel...

54. In section 32(4) (powers of entry not to apply in...

55. In section 49(1) (unjustified disclosures of information) after “this Act”...

56. In section 56 (rights of entry and inspection etc) after...

57. In section 58(1) (power of local authorities to obtain information)—...

Sunday Trading Act 1994 (c. 20)

58. (1) Part 1 of Schedule 2 to the Sunday Trading...

Trade Marks Act 1994 (c. 26)

59. (1) Section 93 of the Trade Marks Act 1994 (enforcement...

Olympic Symbol etc (Protection) Act 1995 (c. 32)

60. (1) Section 8A of the Olympic Symbol etc (Protection) Act...

Criminal Justice and Police Act 2001 (c. 16)

61. The Criminal Justice and Police Act 2001 is amended as...

62. In section 57(1) (retention of seized items)—

63. (1) Section 65 (meaning of legal privilege) is amended as...

64. In section 66(4) (construction of references to a search)—

65. (1) Part 1 of Schedule 1 (powers to which section...

66. (1) Part 1 of Schedule 2 (application of enactments) is...

67. The Enterprise Act 2002 is amended as follows.

68. Omit section 224 (power of CMA to require the provision...

69. Omit section 225 (power of other enforcer to require the...

70. Omit section 226 (procedure for notices requiring information).

71. Omit section 227 (enforcement of notices).

72. Omit section 227A (power to enter premises without warrant).

73. Omit section 227B (powers exercisable on the premises).

74. Omit section 227C (power to enter premises with warrant).

75. Omit section 227D (ancillary provisions about powers of entry).

76. Omit section 227E (obstructing, or failing to co-operate with, powers...

77. Omit section 227F (retention of documents and goods).

78. Before section 228 (but after the italic heading “Miscellaneous”) insert—...

79. In section 228 (evidence) omit subsection (4).

80. In section 236 (application of Part 8 to Crown) omit...

81. In Schedule 14 (specified functions for the purposes of Part...

Fireworks Act 2003 (c. 22)

82. (1) Section 12 of the Fireworks Act 2003 (enforcement) is...

Christmas Day (Trading) Act 2004 (c. 26)

83. (1) Section 3 of the Christmas Day (Trading) Act 2004...

Financial Services Act 2012 (c. 21)

84. (1) Section 107 of the Financial Services Act 2012 (power...

Consequential repeals and revocations

85. In consequence of the amendments made by this Schedule, the...

Enterprise Act 2002: enhanced consumer measures and other enforcement

1. Part 8 of the Enterprise Act 2002 (enforcement of certain...

2. In section 210 (consumers), omit subsection (5).

3. (1) Section 211 (domestic infringements) is amended as follows.

4. In section 213(5A) (CPC enforcers), for paragraph (i) substitute—

5. (1) Section 214 (consultation) is amended as follows.

6. In section 217 (enforcement orders), after subsection (10) insert—

7. In section 219 (undertakings), after subsection (5) insert—

8. After section 219 insert— Definition of enhanced consumer measures (1) In this Part, enhanced consumer measures are measures (not...

9. (1) Section 220 (further proceedings) is amended as follows.

10. In section 229 (advice and information), after subsection (1) insert—...

Private actions in competition law

PART 1 Competition Act 1998

1. The Competition Act 1998 is amended in accordance with this...

2. For the heading of Chapter 4 of Part 1, substitute...

3. For the cross-heading preceding section 46, substitute “ Appeals and...

4. (1) For section 47A substitute— Proceedings before the Tribunal: claims...

5. (1) For section 47B substitute— Collective proceedings before the Tribunal...

6. After section 47B (as substituted by paragraph 5) insert— Collective...

7. After section 47C (inserted by paragraph 6) insert— Proceedings under...

8. (1) After section 47D (inserted by paragraph 7) insert— Limitation...

9. (1) Section 49 (further appeals) is amended in accordance with...

10. (1) After section 49 insert— Settlements relating to infringements of...

11. (1) After section 49A (inserted by paragraph 10) insert— Collective...

12. After section 49B (inserted by paragraph 11) insert— Approval of...

13. (1) Section 58 (findings of fact by CMA) is amended...

14. (1) For section 58A substitute— Infringement decisions (1) This section applies to a claim in respect of...

15. (1) Section 59 (interpretation of Part 1) is amended in...

16. In section 71 (regulations, orders and rules), after subsection (4)(ca)...

17. (1) Schedule 8 (appeals) is amended in accordance with this...

PART 2 Enterprise Act 2002

18. The Enterprise Act 2002 is amended in accordance with this...

19. (1) Section 14 (constitution of Tribunal for particular proceedings and...

20. In section 15 (Tribunal rules), in subsection (1), at the...

21. In section 16 (transfers of certain proceedings to and from...

22. Schedule 4 (Tribunal: procedure) is amended in accordance with the...

23. In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a)...

24. After paragraph 1 insert— Enforcement of injunctions in England and...

25. In each of paragraphs 4(c) and 5(1)(c)—

26. In paragraph 6— (a) for sub-paragraph (a) substitute—

27. In paragraph 7— (a) for “specified body” substitute “ representative...

28. In paragraph 9— (a) the existing provision is numbered as...

29. In paragraph 11(2), for paragraph (a) substitute—

30. For paragraph 13 substitute— (1) Tribunal rules may provide for the Tribunal—

31. After paragraph 15 insert— Fast-track procedure (1) Tribunal rules may make provision in relation to a...

32. In paragraph 17 (conduct of the hearing)—

33. After paragraph 20 insert— Stay or sist of proceedings (1) In relation to proceedings in England and Wales or...

34. After paragraph 21 insert— Injunctions Tribunal rules may make provision in relation to the grant...

35. In paragraph 23(3), for “an individual” substitute “ a person...

36. In paragraph 25, after “transfer of” insert “ all or...

PART 3 Courts and Legal Services Act 1990

37. In the Courts and Legal Services Act 1990, in section...

Duty of letting agents to publicise fees: financial penalties

Notice of intent

1. (1) Before imposing a financial penalty on a letting agent...

Right to make representations

2. The letting agent may, within the period of 28 days...

Final notice

3. (1) After the end of the period mentioned in paragraph...

Withdrawal or amendment of notice

4. (1) A local weights and measures authority may at any...

5. (1) A letting agent on whom a final notice is...

Recovery of financial penalty

6. (1) This paragraph applies if a letting agent does not...

SCHEDULE 10

Secondary ticketing: financial penalties

1. (1) Before imposing a financial penalty on a person for...

2. A person on whom a notice of intent is served...

4. (1) The enforcement authority may at any time—

5. (1) A person on whom a final notice is served...

6. (1) This paragraph applies if a person does not pay...

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Trending News

Related Practices & Jurisdictions

• Labor & Employment
• Litigation / Trial Practice
• 7th Circuit (incl. bankruptcy)

In  Walters v. Professional Labor Group, LLC , the U.S. Court of Appeals for the Seventh Circuit will decide whether employee travel time to and from remote jobsites that requires an overnight stay is compensable.

On April 29, 2024, the U.S. Department of Labor (DOL) filed an amicus brief urging the Seventh Circuit to affirm the district court’s ruling that employers must pay for such travel time and to extend the district court’s ruling to include travel time outside of regular work hours. If the Seventh Circuit adopts the DOL’s position, it could significantly expand the scope of compensable travel time for nonexempt employees in the Seventh Circuit who travel to remote jobsites.

• The Seventh Circuit will decide whether the time an employee spends traveling by driving to and from a remote jobsite that requires an overnight stay is compensable.
• The district court ruled that such travel time is compensable when it occurs during normal working hours.
• In its amicus brief, the DOL agreed with the district court’s conclusion but argued that the compensable travel time at issue should not be limited to travel time during normal working hours. Rather, the DOL contended, it should include all travel time the employee spends driving to and from a remote jobsite that requires an overnight stay away from home.

Professional Labor Group, LLC (PLG) hires skilled tradespeople and contracts with clients to provide employees to work on certain remote and industrial projects throughout the country. The tradespeople, who are nonexempt employees, generally travel from their homes to the remote jobsites, staying at local lodgings near the jobsites for the duration of each project—sometimes days or weeks. PLG did not provide transportation to or from these overnight jobs. After an overnight job ended, employees either returned home or traveled directly to another overnight job. PLG did not compensate employees for time spent traveling to, from, or between overnight jobs.

On November 11, 2021, James Walters, individually and on behalf of similarly situated employees, filed a collective action complaint against PLG in the U.S. District Court for the Southern District of Indiana. The complaint alleged that PLG had violated the Fair Labor Standards Act (FLSA) by failing to pay employees for the time spent traveling to and from their home communities and overnight jobs, depriving them of overtime wages. On August 25, 2023, the district court granted summary judgment to Walters and held that PLG was liable for overtime violations resulting from its decision not to pay for travel time.

The district court concluded, “Because PLG hires tradespeople to travel to and between remote jobsites where they stay and work for days or weeks on end, the travel involved is exactly the sort of travel [covered by 29 C.F.R. 785.39],” the regulation that addresses travel away from an employee’s home community that requires an overnight stay. The district court further concluded that under 29 C.F.R. 785.39, “PLG must treat employee travel to overnight work assignments as compensable worktime when it occurs during normal work hours.” However, according to the district court, where travel time occurs outside of normal work hours, such travel time would not be compensable. The district court’s limited decision reflected the language of the regulation, which states, in pertinent part, “Travel away from home is clearly worktime when it cuts across the employee’s workday.”

PLG appealed the district court’s decision on December 8, 2023. On April 29, 2024, the DOL filed an amicus brief maintaining that the district court’s conclusion was largely correct. However, the DOL argued that the district court’s decision was overly restrictive and the compensable travel time at issue should not be limited to travel time during normal working hours. Rather, compensable travel time should include all time the employee spends driving to and from a remote jobsite that requires an overnight stay. Significantly, because PLG did not appeal this portion of the district court’s decision, the court of appeals can—but is not required to—address the DOL’s argument regarding travel time that occurs outside an employee’s regular workday.

Key Takeaways

On PLG’s appeal in  Walters , the Seventh Circuit will review whether time an employee spends traveling to and from a remote jobsite that requires an overnight stay away from home is compensable under the FLSA when it occurs during regular work hours. It remains to be seen whether the court also will address the DOL’s position that such travel outside regular work hours is likewise compensable. Depending on the outcome, employers with nonexempt employees performing work at remote jobsites requiring overnight stays may be affected.

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• Rail passenger experience

Consumer Rights Act application to transport services

Government decision that the CRA should apply in full to all transport services, including mainline passenger rail services, from 1 October 2016.

Consumer Rights Act 2015: application to transport services

PDF , 201 KB , 2 pages

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Rail customers should be entitled to seek statutory redress from 1 October if train operators:

• fail to provide a passenger service reasonable care and skill
• breach other consumer rights provided under the Consumer Rights Act ( CRA )

The existing rail industry compensation schemes will continue to be available after 1 October 2016, and will remain the main means of redress for customers.

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