Consumer Rights Act 2022

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Amendment of section 71 of Act of 2007

159. Section 71 of the Act of 2007 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) In this section, ‘prohibited act or practice’ does not include:

(a) a contravention of section 59(2) (respecting weighing facilities in grocery retail);

(b) a contravention of section 60(1) (respecting preventing the reading of prices);

(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022;

(d) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is unfair under section 132 of that Act;

(e) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is presumed to be unfair under section 133 of that Act;

(f) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is not transparent in contravention of section 134 (1) of that Act.”,

(b) by the insertion of the following subsection after subsection (2):

“(2A) An application may be made under subsection (2) for—

(a) an interim order,

(b) an interlocutory order, or

(c) an order for an indefinite period or for a period specified in the application.”,

and

(c) by the insertion of the following subsection after subsection (6):

“(6A) Where an application under this section relates to a particular prohibited act or practice which relates to any of Parts 2 to 5 of the Act of 2022, an order may be made in relation to any similar prohibited act or practice (or prohibited act or practice having like effect) committed or engaged in by a trader.”.