At the time of writing the 12th edition of this book, the Consumer Rights Bill 2014 had just
been introduced into Parliament and began what appeared to be a painfully slow path
towards enactment. Like many legal authors this one found himself on the horns of a
dilemma – to deal with the Bill or, take something of a gamble and treat the Bill as if it had
been enacted. The safer route was adopted – one can never be sure of Parliamentarians! In
this edition, therefore, with the Bill having progressed through to the Royal Assent,
becoming law on 1 October 2015, it has been possible to deal with this important legislation
in more definitive terms. On the face of things the Act seems to make the law in this
area more complex, in that there is now a sharp divergence between implied terms and
exemption clauses in consumer contracts from those in business contracts. Certainly this
seemed to be the impression when the Act was in its embryonic stage as a Bill. Whilst
working on this manuscript I came to the conclusion that whilst there is more law, it is
nevertheless more accessible and clearer with regards to consumer rights. Gone are the
Unfair Terms in Consumer Contract Regulations 1999, which at best were an unhealthy
stop-gap process for the introduction of the European Directives in this area which caused
great hand-wringing in the courts as they struggled to implement concepts that were
largely alien to the law of contract as practised in the United Kingdom. The Act therefore
implements the European dimension in a rather more measured and logical fashion in
terms that are rather more readily recognisable. The Act is Certainly the biggest shake-up
of consumer law for at least a generation and undoubtedly achieves its objective in providing
a more transparent code for consumer rights. One other dimension to the Act is that
Parts 1 to 3 largely extend to the whole of the UK. There are some exceptions where Part 3
does not apply to Scotland or Northern Ireland because of the differences in the law. For
example, in Part 3 there are changes to the Sunday Trading Act 1994 which does not
extend to Scotland or Northern Ireland. Similarly the provisions regarding the complaints
handling scheme in higher education only apply to England and Wales on the basis that
the original legislation only extended to these countries.