Part III
- (b) being made with a view to compliance with an international agreement to which the United Kingdom is a party, does not operate more restrictively than is contemplated by the agreement.
(2) A contract term is to be taken—
- (a) for the purposes of Part I of this Act, as satisfying the requirement of reasonableness; and
- (b) for those of Part II, to have been fair and reasonable to incorporate,
if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party.
(3) In this section―
- “competent authority” means any court, arbitrator or arbiter, government department or public authority;
- “enactment” means any legislation (including subordinate legislation) of the United Kingdom or Northern Ireland and any instrument having effect by virtue of such legislation; and
- “statutory” means conferred by an enactment.
Obligations under Consumer Protection Acts.
1961 c. 40.
30.—(1) In section 3 of the Consumer Protection Act 1961 (provisions against marketing goods which do not comply with safety requirements), after subsection (1) there is inserted—
- “(1A) Any term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any obligation imposed by or by virtue of that section, or any liability for breach of such an obligation, shall be void.”.
(2) The same amendment is made in section 3 of the 1965 c. 14 (N.I.).Consumer Protection Act (Northern Ireland) 1965.
General
Commencement; amendments; repeals. 31.—(1) This Act comes into force on 1st February 1978.
(2) Nothing in this Act applies to contracts made before the date on which it comes into force; but subject to this, it applies to liability for any loss or damage which is suffered on or after that date.
(3) The enactments specified in Schedule 3 to this Act are amended as there shown.
(4) The enactments specified in Schedule 4 to this Act are repealed to the extent specified in column 3 of that Schedule.
