Consumer Rights Act 2015 s.76 – Interpretation of Part 2

(1)In this Part—

“consumer contract” has the meaning given by section 61(3);
“consumer notice” has the meaning given by section 61(7);
“transparent” is to be construed in accordance with sections 64(3) and 68(2).

(2)The following have the same meanings in this Part as they have in Part 1—

“trader” (see section 2(2));
“consumer” (see section 2(3));
“goods” (see section 2(8));
“digital content” (see section 2(9)).

(3)Section 2(4) (trader who claims an individual is not a consumer must prove it) applies in relation to this Part as it applies in relation to Part 1.

Definitions used in section 76 2

trader: (8) In this paragraph “trader” has the same meaning as in Part 1 of this Act .
Defined in Sch.5 para.27(8) · see it in the full Act
goods: 42 In this Part of this Schedule “goods” does not include a document.
Defined in Sch.5 para.42 · see it in the full Act; “goods” has the meaning given by section 2(8);
Defined in Sch.5 para.35 · see it in the full Act

Cases considering section 76 3

Michael Glaser KC & Anor v Katharine Jane Atay

[2024] EWCA Civ 1111 · 3 October 2024Defines

The Court used section 76(2) to apply the Part 1 meanings of trader and consumer to Part 2, supporting its conclusion that the contracts were consumer contracts (see para [24]).

Eternity Sky Investments Ltd v Xiaomin Zhang

[2023] EWHC 1964 (Comm) · 28 July 2023Defines

Identifies the definition of consumer by incorporating the definition in section 2(3). (see paras [62], [86])

James Robert Longley v PPB Entertainment Limited & Ors

[2022] EWHC 977 (QB) · 29 April 2022Defines

Defines transparency by reference to sections 64(3) and 68(2), supporting the court’s distinction between transparency and fairness (see para [102.2]).

What each judgment says about section 76 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I90S. 76 in force at 1.10.2015 by S.I. 2015/1630, art. 3(c) (with art. 6(1))