The Fair Trading Act 1990 is amended as follows:

(a) by omitting section 37 and substituting the following section:

37.     Actions for damages

(1)  A person who suffers loss or damage by conduct of another person that was done in contravention of a provision of this Act may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.

(2)  A reference to loss or damage in subsection (1) does not, if the loss or damage arises from a contravention of Part 2 ( section 15 excepted), include a reference to –

(a) the death of a person; or

(b) personal injury to a person (including any pre-natal injury, any impairment of the person's physical or mental condition and any disease).

(b) by inserting the following subsection after subsection (1) in section 41 :

(1A)  A reference in this section to loss or damage does not, if the loss or damage arises from a contravention of Part 2 ( section 15 excepted), include a reference to –

(a) the death of a person; or

(b) personal injury to a person (including any pre-natal injury, any impairment of the person's physical or mental condition and any disease).