Schedule 3, paragraph 3

A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that— the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5). A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in— section 31 (exclusion of liability: goods contracts), section 47 (exclusion of liability: digital content contracts), section 57 (exclusion of liability: services contracts), or section 65(1) (business liability for death or personal injury resulting from negligence). A term or notice falls within this sub-paragraph if it is unfair to any extent. A term within paragraph 1(1)(b) or (c) (but not within paragraph 1(1)(a)) is to be treated for the purposes of section 62(4) and (5) (assessment of fairness) as if it were a term of a contract. A term or notice falls within this sub-paragraph if it breaches section 68 (requirement for transparency). A regulator may apply for an injunction or interdict under this paragraph in relation to a term or notice whether or not it has received a relevant complaint about the term or notice.

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Source: legislation.gov.uk · retrieved 2026-07-30