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Part 4Enforcement
Motor Vehicle Disputes Tribunals: Jurisdiction

89Jurisdiction of Disputes Tribunal

  1. A Disputes Tribunal has jurisdiction, on the application of any party, to—

  2. inquire into and determine any application or claim, as the case may be, under any of the following if that application or claim is in respect of the sale of any motor vehicle:
    1. the Fair Trading Act 1986:
      1. the Consumer Guarantees Act 1993:
        1. subpart 3 of Part 2 or Part 3 of the Contract and Commercial Law Act 2017; and
        2. make any order that a court or the Disputes Tribunal constituted under the Disputes Tribunals Act 1988 may make under,—
            1. in the case of proceedings under the Fair Trading Act 1986, section 43(2) of that Act; or
              1. in the case of proceedings under the Consumer Guarantees Act 1993, section 39 or 47 of that Act; or
                1. in the case of proceedings under subpart 3 of Part 2 or Part 3 of the Contract and Commercial Law Act 2017, sections 43 to 48 or section 194 of that Act.

                2. A Disputes Tribunal may order that the rights and obligations of the buyer of a motor vehicle under a collateral credit agreement vest in a motor vehicle trader if—

                3. the collateral credit agreement is associated with the contract for the sale of that motor vehicle; and
                  1. the motor vehicle trader is a party to that contract for sale; and
                    1. either one of the following circumstances applies:
                      1. the buyer exercises the right conferred by the Consumer Guarantees Act 1993 to reject that motor vehicle and, on a claim by the buyer under section 47(1) of that Act, the Disputes Tribunal orders the motor vehicle trader to refund any money paid, or other consideration provided, for that motor vehicle; or
                        1. the Disputes Tribunal finds that the buyer has suffered, or is likely to suffer, loss or damage by the conduct of the motor vehicle trader that constitutes, or would constitute, any of the conduct referred to in section 43(1) of the Fair Trading Act 1986 and the Disputes Tribunal makes an order under section 43(2) of that Act declaring the whole or any part of the contract for sale to be void.

                        2. For the purposes of subsection (2), collateral credit agreement, in relation to a contract for the sale of a motor vehicle, means a contract or agreement arranged or procured by the motor vehicle trader or the buyer for the provision of credit by a person other than by the motor vehicle trader to enable the buyer to pay the price reserved by the contract for sale in respect of the motor vehicle.

                        3. This section is subject to section 90.

                        4. The Limitation Act 2010 prescribes defences in respect of claims based on an act or omission after 31 December 2010.

                        Notes
                        • Section 89(1)(a): replaced, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                        • Section 89(1)(a)(iii): substituted, on , by section 16(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
                        • Section 89(1)(a)(iv): added, on , by section 16(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
                        • Section 89(1)(b): amended, on , by section 167 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 89(1)(b)(i): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                        • Section 89(1)(b)(iii): substituted, on , by section 16(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
                        • Section 89(1)(b)(iv): replaced, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                        • Section 89(5): added, on , by section 58 of the Limitation Act 2010 (2010 No 110).