Heading: inserted, on 17 March 2015, by section 14 of the Fair Trading Amendment Act 2013 (2013 No 143).
(1)
If a court has declared, under section 46I, that a term in a standard form consumer contract is an unfair contract term, a person must not—
include the unfair contract term in a standard form contract (unless the term is included in a way that complies with the terms (if any) of the decision of the court); or
apply, enforce, or rely on the unfair contract term in a standard form contract.
(2)
The prohibitions in subsection (1) do not apply to any contract entered into before this section comes into force; but if the contract is varied or renewed on or after this section comes into force, the contract must be treated as a new contract for the purposes of subsection (1).
(3)
However, in the case only of a contract of insurance (as defined in section 7 of the Insurance (Prudential Supervision) Act 2010) entered into before this section comes into force, the prohibitions in subsection (1) do not apply to—
the contract; or
any variation of the contract; or
any new contract that has the effect of operating as a renewal of the contract, and any subsequent renewal.
Section 26A: inserted, on 17 March 2015, by section 14 of the Fair Trading Amendment Act 2013 (2013 No 143).