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PART 8
Amendment of Consumer Credit Act 1995
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Amendment of section 2 of Act of 1995
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148. Section 2 of the Act of 1995 is amended—
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(a) in subsection (1), by the insertion of the following definitions:
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“‘Act of 2022’ means the Consumer Rights Act 2022;
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‘commercial guarantee’, in relation to a hire-purchase agreement, means any undertaking by an owner or producer to a hirer (in addition to the owner’s legal obligation to supply goods in conformity with the agreement) to reimburse the price paid or to repair, replace or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before, the conclusion of the hire-purchase agreement;
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‘compatibility’ means the ability of goods to function with hardware or software with which goods of the same type are normally used without the need to convert the goods, hardware or software;
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‘delivery’ means voluntary transfer of possession from one person to another;
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‘digital content’ has the meaning assigned to it by the Act of 2022;
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‘digital service’ means—
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(a) a service that allows a hirer to create, process, store or access data in digital form, or
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(b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by a hirer or any other user of the service,
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and includes in particular video and audio sharing and other file hosting, social media and word processing and games offered in the cloud computing environment;
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‘functionality’ means the ability of goods to perform their functions having regard to their purpose;
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‘goods’ has the meaning assigned to it by the Act of 2022;
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‘goods with digital elements’ has the meaning assigned to it by the Act of 2022;
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‘guarantor’ means—
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(a) an owner,
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(b) a producer, or
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(c) any other person who provides a commercial guarantee in relation to goods let under a hire-purchase agreement;
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‘producer’ means—
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(a) a manufacturer of goods,
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(b) an importer of goods into the European Union, or
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(c) any person purporting to be a producer by placing the person’s name, trade mark or other distinctive sign on the goods,
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and includes any person acting in the name, or on behalf, of the producer;”,
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and
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(b) by the insertion of the following subsection after subsection (9):
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“(10) In Part VI, a reference to a reasonable expectation shall be interpreted having regard objectively to the nature and purpose of the hire-purchase agreement, the circumstances of the case and the usages and practices of the parties to the agreement.”.
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