Consultation in Relation to Unfair Terms in Consumer Contracts

The OFT has today launched a consultation regarding the proposed activation of parts of the Fair Trading (Amendment) Act 2001 dealing with unfair terms in consumer contracts. Although the majority of the Act was brought into force straightaway, for a variety of reasons the implementation of Sections 4 to 7 and Schedule 1 was deferred.

The OFT Chairman, David Quirk MHK explained:

“It is now over ten years since the Legislature decided that Isle of Man consumers should have the benefit of protection against the inclusion of unfair terms in contracts but the relevant parts of the 2001 Act have not yet been brought into operation. Due to the delay in implementation the Board of the Office considers it necessary to consult again on the provisions to obtain a clear and up to date understanding of the views of the community. It is, of course, a very unusual situation because proper consultation has already taken place prior to the Bill having been drafted. The OFT is, however, mindful that in this case it is a considerable time since that original consultation took place.”

The consultation closes on 30th September 2013 and can be accessed and responded to online at http://www.gov.im/lib/docs/oft/consultations/unfairtermsinconsumercontracts.pdf. Paper copies are available from the OFT offices in Lord Street or by telephoning 686507.