Consumer Transactions (Restrictions on Statements) Order 1976

JurisdictionUK Non-devolved
CitationSI 1976/1813
Year1976

1976 No. 1813

CONSUMER PROTECTION

The Consumer Transactions (Restrictions on Statements) Order 1976

1stNovember 1976

Whereas the Director General of Fair Trading made a reference, to which section 17 of the Fair Trading Act 1973(a) applies, to the Consumer Protection Advisory Committee:

And whereas a report (b) on that reference has been made by that Committee to the Secretary of State, and pursuant to section 83 of that Act the report has been laid before Parliament:

And whereas the report states that the Committee would agree with the proposals set out in the reference if the proposals were modified in the manner specified in the report:

And whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of her powers under section 22 of the Fair Trading Act 1973, hereby makes the following Order:—

1. This Order may be cited as the Consumer Transactions (Restrictions on Statements) Order 1976, and shall come into operation as respects—

(a) this Article, Article 2 and Article 3(a), at the expiry of the period of 1 month beginning with the date on which this Order is made;

(b) the remainder of Article 3, at the expiry of the period of 12 months beginning with that date; and

(c) the remainder of this Order, at the expiry of the period of 2 years beginning with that date.

(a) 1973 c. 41.

(b) H.C. 6 Session 1974/75.

2.—(1) In this Order—

"advertisement" includes a catalogue and a circular;

"consumer" means a person acquiring goods otherwise than in the course of a business but does not include a person who holds himself out as acquiring them in the course of a business;

"consumer transaction" means—

(a) a consumer sale within section 55(7) of the Sale of Goods Act 1893(a), as amended by the Supply of Goods (Implied Terms) Act 1973(b) (hereinafter called "the Act of 1973"), other than a sale arising by virtue of a contract for the international sale of goods as defined in section 62(1) of the said Act of 1893, as so amended;

(b) a hire-purchase agreement which is a consumer agreement within section 12(6) of the Act of 1973;

(c) an agreement for the redemption of trading stamps under a trading stamp scheme within section 10(1) of the Trading Stamps Act 1964(c) or, as the case may be, within section 9 of the Trading Stamps Act (Northern Ireland) 1965(d);

"container" includes any form of packaging of goods whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

"statutory rights" means the rights arising by virtue of sections 13 to 15 of the Sale...

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