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Is there any role left for the Unfair Contract Terms Act 1977 following the implementation of the Unfair Terms in Consumer Contracts Regulations 1999?
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Is there any role left for the Unfair Contract Terms Act 1977 following the implementation of the Unfair Terms in Consumer Contracts Regulations 1999? The Unfair Terms in Consumer Contracts Regulations 1999 were enacted in to UK domestic law in implementation of the EC Directive on Unfair Terms in Consumer Contracts. However the regulations were placed parallel to the Unfair Contract Terms Act 1977 (UCTA) there was no attempt to integrate the two or even to amend the existing legislation. Thus we have scope for debate as to whether the existing legislation still has a role to play or are the Regulations enough to regulate the unfair terms. There is much to be considered when tackling such a question. One may see the Unfair Terms in Consumer Regulations 1999 at once both wider and narrower than the Unfair Contract Terms Act 1977. The regulations may be wider in that they apply...
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