Part 4: Consumer rights and disputes Introduction Schedule 22: Excluded contracts
Schedule 22 sets out the types of contracts which are wholly excluded from the regulatory duties and consumer rights under Part 4 Chapter 2.
	Paragraph 1 specifies that contracts for the supply of regulated utilities, consisting of electricity, gas, supplies of heating, cooling or hot water made by a relevant heat network, the supply of water or sewerage services are all excluded from rules under Part 4 Chapter 2.
	Paragraph 2 specifies that contracts for the supply of services of a banking, credit, insurance, personal pension, investment or payment nature are excluded.
	Paragraphs 3 and 4 outline the kind of healthcare and medical contract that are excluded from the regulatory requirements under Part 4 Chapter 2. The scope of paragraph (2) is intended to closely follow the scope of the exclusion from the cancellation provisions outlined in regulation 27, paragraph (2), sub-paragraphs (a) and (b) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. There are two related categories of excluded contract; first, contracts for the supply of a healthcare product under prescription, and second, contracts for the supply of a healthcare product by a healthcare professional under arrangements in the health service and where such products are, in some circumstances, provided free or on prescription. Generally, the specified contracts cover two elements, the purpose of the supply of the product and who is providing it. If the product is related to achieving a health outcome and is given by a relevant healthcare professional for that purpose, or is supplied following a prescription or directions from a prescriber, the contract will be excluded.
	Paragraphs 5 to 7 outline legislation which sets the regulatory scope of OFCOM and the Phone-paid Services Authority (PSA) by extension. Contracts which are regulated by either organisation are excluded from Part 4 Chapter 2.
	Paragraph 8 specifies that any contract to rent a home is excluded from regulatory duties under Part 4 Chapter 2.
	Paragraph 9 is an exclusion intended for micro businesses conducting small scale operations to deliver everyday consumables akin to the exclusion effected by regulation 6 paragraph (1) sub-paragraph (f) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘CCRs’). In order to fall in scope of this exclusion, a trader must meet the definition of ‘micro-entity’ as per the definition set out in section 384A of the Companies Act 2006. This would apply whether a trader was incorporated or not. The trader would be considered in scope of the exclusion if, in their first financial year, they had reasonable grounds to believe they would satisfy the qualifying conditions. If a trader were to be in a year other than their first financial year, a business would have to look to the preceding financial year to determine if they were in scope of the exclusion. Where a trader delivers everyday consumables to consumers, such products should be delivered by the trader; to fall within the exclusion there should be minimal reliance upon using third party businesses to make delivery.
	Paragraph 10 excludes regulated package holidays and other package travel contracts from Part 4 Chapter 2.
	Paragraph 11 excludes regulated timeshares and other holiday products from Part 4 Chapter 2.
	Paragraph 12 excludes contracts for the supply of childcare and provision of school age education, as well as ancillary products, such as food and drink, supplied in the course of providing childcare, and similar items intended for pupils in connection with childcare activity that may be provided by a separate party to the childcare provider. Childcare includes childcare regulated by Ofsted, childminders, providers on domestic and non-domestic premises and nannies.
	Paragraph 13 excludes contracts for forms of gambling which are covered by certain prescribed legislation from the requirements of Part 4 Chapter 2.