BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Consumer Protection (Distance Selling)(Amendment) Regulations 2005 No. 689
URL: http://www.bailii.org/uk/legis/num_reg/2005/20050689.html

[New search] [Help]



STATUTORY INSTRUMENTS


2005 No. 689

CONSUMER PROTECTION

The Consumer Protection (Distance Selling)(Amendment) Regulations 2005

  Made 11th March 2005 
  Laid before Parliament 16th March 2005 
  Coming into force 6th April 2005 

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to matters relating to consumer protection, in exercise of the powers conferred on her by section 2(2) of that Act, hereby makes the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Consumer Protection (Distance Selling)(Amendment) Regulations 2005 and shall come into force on 6th April 2005.

    (2) These Regulations extend to Northern Ireland.

Amendments to the Consumer Protection (Distance Selling) Regulations 2000
    
2. The Consumer Protection (Distance Selling) Regulations 2000[3] are amended in accordance with the Schedule to these Regulations.


Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers Department of Trade and Industry

14th March 2005



SCHEDULE
Regulation 2


Amendments to the Consumer Protection (Distance Selling) Regulations 2000


     1.  - (1) Regulation 8 (written and additional information) is amended as follows.

    (2) In paragraph (2)(b) - 

    (3) Paragraph (3) is omitted.

     2.  - (1) Regulation 12 (cancellation period in the case of contracts for the supply of services) is amended as follows.

    (2) In paragraph (3) - 

    (3) After paragraph (3) there is inserted - 

    (4) In paragraph (4) for the words "neither paragraph (2) nor (3) applies" there is substituted "none of paragraphs (2) to (3A) applies".

     3.  - (1) Regulation 13 (exceptions to the right to cancel) is amended as follows.

    (2) For paragraph (1)(a) there is substituted - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334) ("the principal Regulations"). The principal Regulations partially implement Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 (O.J. No. L144, 4.6.97, p.19) on the protection of consumers in relation to distance contracts.

The principal Regulations apply to certain contracts for goods or services to be supplied to a consumer where the contract is made exclusively by means of distance communication ("distance contracts"). Where the principal Regulations apply, a consumer has the right to cancel a distance contract by notice to the supplier during a specified "cooling off period" whose length depends on whether and when the supplier complies with the requirement to provide the written information.

Regulation 8 of the principal Regulations is amended so that the supplier is no longer required to inform the consumer, prior to the conclusion of a contract for services, that he will not be able to cancel once performance of the services has begun with his agreement. Instead, the supplier must, in such cases, provide the consumer with information as to how the right to cancel may be affected if the consumer agrees to performance beginning less than seven working days after the contract was concluded. This information must be provided prior to or in good time during the performance of the contract.

Regulations 12 and 13 of the principal Regulations are amended so that-

A regulatory impact assessment has been prepared and copies can be obtained from Consumer and Competition Policy Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.


Notes:

[1] S.I. 1993/2661.back

[2] 1972 c. 68.back

[3] S.I. 2000/2334, to which there are amendments not relevant to these Regulations.back



ISBN 0 11 072590 5


 © Crown copyright 2005

Prepared 22 March 2005


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2005/20050689.html