Office of Public Sector Information
(1)In this Act a “contract for the supply of a service” means, subject to subsection (2) below, a contract under which a person (“the supplier”) agrees to carry out a service.
(2)For the purposes of this Act, a contract of service or apprenticeship is not a contract for the supply of a service.
(3)Subject to subsection (2) above, a contract is a contract for the supply of a service for the purposes of this Act whether or not goods are also—
(a)transferred or to be transferred, or
(b)bailed or to be bailed by way of hire,
under the contract, and whatever is the nature of the consideration for which the service is to be carried out.
(4)The Secretary of State may by order provide that one or more of sections 13 to 15 below shall not apply to services of a description specified in the order, and such an order may make different provision for different circumstances.
(5)The power to make an order under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.
C1S. 13 excluded by S.I. 1983/902, art. 2 and S.I. 1985/1, art. 2
(1)Where, under a contract for the supply of a service by a supplier acting in the course of a business, the time for the service to be carried out is not fixed by the contract, left to be fixed in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time.
(2)What is a reasonable time is a question of fact.
(1)Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.
(2)What is a reasonable charge is a question of fact.
(1)Where a right, duty or liability would arise under a contract for the supply of a service by virtue of this Part of this Act, it may (subject to subsection (2) below and the 1977 Act) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract.
(2)An express term does not negative a term implied by this Part of this Act unless inconsistent with it.
(3)Nothing in this Part of this Act prejudices—
(a)any rule of law which imposes on the supplier a duty stricter than that imposed by section 13 or 14 above; or
(b)subject to paragraph (a) above, any rule of law whereby any term not inconsistent with this Part of this Act is to be implied in a contract for the supply of a service.
(4)This Part of this Act has effect subject to any other enactment which defines or restricts the rights, duties or liabilities arising in connection with a service of any description.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The following subsection shall be inserted after section 7(3) of the 1977 Act :—
“(3A)Liability for breach of obligations arising under section 2 of the Supply of Goods and Services Act 1982 (implied terms about title etc. in certain contracts for the transfer of the property in goods) cannot be excluded or restricted by reference to any such term.”
(3)In consequence of subsection (2) above, in section 7(4) of the 1977 Act, after “cannot” there shall be inserted “(in a case to which subsection (3A) does not apply)”.
F1S. 17(1) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 3 (with s. 8(3))
C1The text of s. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)In the preceding provisions of this Act and this section—
“bailee”, in relation to a contract for the hire of goods means (depending on the context) a person to whom the goods are bailed under the contract, or a person to whom they are to be so bailed, or a person to whom the rights under the contract of either of those persons have passed;
“bailor”, in relation to a contract for the hire of goods, means (depending on the context) a person who bails the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed;
“business” includes profession and the activities of any government department or local or public authority;
“credit-broker” means a person acting in the course of a business of credit brokerage carried on by him;
“credit brokerage” means the effecting of introductions—
of individuals desiring to obtain credit to persons carrying on any business so far as it relates to the provision of credit; or
of individuals desiring to obtain goods on hire to persons carrying on a business which comprises or relates to the bailment [F1or as regards Scotland the hire]of goods under a contract for the hire of goods; or
of individuals desiring to obtain credit, or to obtain goods on hire, to other credit-brokers;
“enactment” means any legislation (including subordinate legislation) of the United Kingdom or Northern Ireland;
“goods” [F2includes all personal chattels, other than things in action and money, and as regards Scotland all corporeal moveables; and in particular “goods” includes] emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before the transfer [F2bailment or hire]concerned or under the contract concerned F3. . .;
“hire-purchase agreement” has the same meaning as in the 1974 Act;
[F4“producer” means the manufacturer of goods, the importer of goods into the European Economic Area or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;]
“property”, in relation to goods, means the general property in them and not merely a special property;
F5. . .
“redemption”, in relation to trading stamps, has the same meaning as in the M1Trading Stamps Act 1964 or, as respects Northern Ireland, the M2Trading Stamps Act (Northern Ireland) 1965;
[F6“repair” means, in cases where there is a lack of conformity in goods for the purposes of this Act, to bring the goods into conformity with the contract.]
“trading stamps” has the same meaning as in the said Act of 1964 or, as respects Northern Ireland, the said Act of 1965;
“transferee”, in relation to a contract for the transfer of goods, means (depending on the context) a person to whom the property in the goods is transferred under the contract, or a person to whom the property is to be so transferred, or a person to whom the rights under the contract of either of those persons have passed;
“transferor”, in relation to a contract for the transfer of goods, means (depending on the context) a person who transfers the property in the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed.
(2)In subsection (1) above, in the definitions of bailee, bailor, transferee and transferor, a reference to rights or duties passing is to their passing by assignment [F7assignation], operation of law or otherwise.
[F8(3)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.
(4)References in this Act to dealing as consumer are to be construed in accordance with Part I of the Unfair Contract Terms Act 1977; and, for the purposes of this Act, it is for the transferor or bailor claiming that the transferee or bailee does not deal as consumer to show that he does not.]
F1Words in s. 18(1) in para. (b) of the definition of "credit-brokerage" inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 2(a) (with s. 8(3))
F2Words in s. 18(1) in the definition of "goods" substituted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 2(b)(i)(ii) (with s. 8(3))
F3Words in s. 18(1) in the definition of "goods" repealed (3.1.1995) by 1994 c. 35, ss. 6, 7, 8(2), Sch. 1 para. 2(b)(iii), Sch.3 (with s. 8(3))|
F4Definition of "producer" in s. 18(1) inserted by (31.3.2003) by The Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045), reg. 12(2)
F5In s. 18 the definition of "quality" repealed (3.1.1995) by 1994 c. 35, s. 7, Sch. 2 para. 6(10), Sch. 3
F6Definition of "repair" in s. 18(1) inserted (31.3.2003) by The Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045), reg. 12(2)
F7Words in s. 18(2) inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.3 (with s. 8(3))
F8S. 18(3)(4) inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(10) (with s. 8(3))
M11964 c. 71.
M21965 c. 6 (N.I.)
In this Act—
“the 1973 Act” means the M1Supply of Goods (Implied Terms) Act 1973;
“the 1974 Act” means the M2Consumer Credit Act 1974;
“the 1977 Act” means the M3Unfair Contract Terms Act 1977; and
“the 1979 Act” means the M4Sale of Goods Act 1979.
(1)This Act may be cited as the Supply of Goods and Services Act 1982.
(2)The transitional provisions in the Schedule to this Act shall have effect.
(3)Part I of this Act together with section 17 and so much of sections 18 and 19 above as relates to that Part shall not come into operation until 4th January 1983; and Part II of this Act together with so much of sections 18 and 19 above as relates to that Part shall not come into operation until such day as may be appointed by an order made by the Secretary of State.
(4)The power to make an order under subsection (3) above shall be exercisable by statutory instrument.
(5)No provision of this Act applies to a contract made before the provision comes into operation.
(6)This Act [F1except Part IA, which extends only to Scotland]extends to Northern Ireland [F2and Parts I and II do not extend] to Scotland.
F1Words in s. 20(6) inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 4 (with s. 8(3))
F2Words in s. 20(6) substituted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.4 (with s. 8(3))
C1Power of appointment conferred by s. 20(3) fully exercised: 4.7.1983 appointed by S.I. 1982/1770, art. 2
Supply of Goods and Services Act 1982