Consumer Protection (Fair Trading) Act · 2023 Revised Edition
11. Limitation period
Official textFrom Attorney General's Chambers, unchanged
No action under section 6 shall be commenced later than 2 years from —
Consumer Protection
consumer
“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
(Fair Trading)
the date of the occurrence of the last material event on which the action is based; or
the earliest date on which the consumer had knowledge that the supplier had engaged in the unfair practice to which the action relates, including —
in the case of an unfair practice referred to in section 4(a)
or (b) or involving any representation, act or omission that is false, deceptive or misleading, knowledge that the representation, act or omission is false, deceptive or misleading; and
in the case of an unfair practice referred to in section 4(c)
or involving taking advantage of the consumer, knowledge that the supplier had taken advantage of him, whichever occurs later.
No action under section 8(6), (7) or (8) shall be commenced later than one year from the date of the failure to comply with the undertaking sought to be enforced.
No action under section 9 shall be commenced later than 2 years —
from the date of the occurrence of the last material event on which the action is based; or
where the specified body alleges in the action that the supplier has engaged in an unfair practice in respect of any consumer, from the earliest date on which that consumer had knowledge that the supplier had engaged in the alleged unfair practice, as provided in subsection (l)(b), whichever occurs later.
No action under any regulations made under section 10 shall be commenced later than one year from the date of the cancellation of the contract.
Consumer Protection
(Fair Trading)
Knowledge that any representation, act or omission did or did not, as a matter of law, involve an unfair practice is irrelevant for the purposes of subsection (l)(b).
unfair practice
“unfair practice” means an unfair practice within the meaning of section 4;
For the purposes of subsection (l)(b), a consumer’s knowledge includes knowledge which he might reasonably have been expected to acquire from facts —
observable or ascertainable by him; or
ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek.
A consumer shall not be taken by virtue of subsection (6) to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.
The Limitation Act (Chapter 14) applies (with the necessary modifications, including the modifications set out in Schedule 3) to actions referred to in this section as if such actions were actions for which a period of limitation is prescribed in Part II of the Limitation Act (Chapter 14).
Terms defined in s 2
consumer
Defined · s 2“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
specified body
Defined · s 2“specified body” means any person or body appointed under section 8(10);
supplier
Defined · s 2“supplier” means a person who, in the course of the person’s business — (a) provides goods or services to consumers; (b) manufactures, assembles or produces goods; (c) promotes the use or purchase of goods or services; or (d) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
unfair practice
Defined · s 2“unfair practice” means an unfair practice within the meaning of section 4;