Section 209(2)

The power under subsection (1)(a) or (e) is exercisable so as to add or vary an entry in respect of an enactment only if, and to the extent that, one or more of the following is provided for under or by virtue of the enactment so added or varied— a duty, prohibition or restriction enforceable by criminal proceedings; a duty owed to a person that is enforceable by civil proceedings; a remedy or sanction enforceable by civil proceedings; an agreement or security relating to a supply of goods, services or digital content to be void or unenforceable to any extent; a right or remedy exercisable by a person supplying goods, services or digital content to be restricted or excluded; the avoidance (to any extent) of liability relating to the supply of goods, services or digital content to be restricted or prevented.

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