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Consumer Contracts 2013 - Limits of application: general


6. (1) These Regulations do not apply to a contract, to the extent that it is:

(a) for:

(i) gambling within the meaning of the Gambling Act 2005(a) (which includes gaming, betting and participating in a lottery); or

(ii) in relation to Northern Ireland, for betting, gaming or participating lawfully in a lottery within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(b);

(b) for services of a banking, credit, insurance, personal pension, investment or payment nature;

(c) for the creation of immovable property or of rights in immovable property;

(d) for rental of accommodation for residential purposes;

(e) for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings;

(f) for the supply of foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace;

(g) within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours;

(h) within the scope of Directive 2008/122/EC of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.


(2) These Regulations do not apply to contracts:

(a) concluded by means of automatic vending machines or automated commercial premises;

(b) concluded with a telecommunications operator through a public telephone for the use of the telephone;

(c) concluded for the use of one single connection, by telephone, internet or fax, established by a consumer;

(d) under which goods are sold by way of execution or otherwise by authority of law.


(3) Paragraph (1)(b) is subject to regulations 38(4) (ancillary contracts) and 40(3) (additional payments)


Summary


For the purposes of a distance contract relating to home services with BT, there is no exclusion from Consumer Contracts 2013. Note that parts 2(b) and 2(c) show exclusions of two very specific telecommunication uses - that of a payphone, and single use 'café/hotel'-style telecommunications.



 

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