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The Consumer Protection (Distance Selling) Regulations 2000

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The Consumer Protection (Distance Selling) Regulations 2000 List of acts
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Crown Copyright Acknowledged
CONTENTS

STATUTORY INSTRUMENTS

2000 No. 2334

CONSUMER PROTECTION

The Consumer Protection (Distance Selling) Regulations 2000

Made 31st August 2000  
Laid before Parliament 1st September 2000  
Coming into force 31st October 2000

 

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 him by section 2(2) of that Act, hereby makes the following Regulations: -

Title, commencement and extent

1. - (1) These Regulations may be cited as the Consumer Protection (Distance Selling) Regulations 2000 and shall come into force on 31st October 2000.

(2) These Regulations extend to Northern Ireland.

Revocation

2. The Mail Order Transactions (Information) Order 1976[3] is hereby revoked.

Interpretation

3. - (1) In these Regulations -

"breach" means contravention by a supplier of a prohibition in, or failure to comply with a requirement of, these Regulations;

"business" includes a trade or profession;

"consumer" means any natural person who, in contracts to which these Regulations apply, is acting for purposes which are outside his business;

"court" in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland means the Sheriff Court or the Court of Session;

"credit" includes a cash loan and any other form of financial accommodation, and for this purpose "cash" includes money in any form;

"Director" means the Director General of Fair Trading;

"distance contract" means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993[4];

"enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

"enforcement authority" means the Director, every weights and measures authority in Great Britain, and the Department of Enterprise, Trade and Investment in Northern Ireland;

"excepted contract" means a contract such as is mentioned in regulation 5(1);

"means of distance communication" means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties; and an indicative list of such means is contained in Schedule 1;

"Member State" means a State which is a contracting party to the EEA Agreement;

"operator of a means of communication" means any public or private person whose business involves making one or more means of distance communication available to suppliers;

"period for performance" has the meaning given by regulation 19(2);

"personal credit agreement" has the meaning given by regulation 14(8);

"related credit agreement" has the meaning given by regulation 15(5);

"supplier" means any person who, in contracts to which these Regulations apply, is acting in his commercial or professional capacity; and

"working days" means all days other than Saturdays, Sundays and public holidays.

(2) In the application of these Regulations to Scotland, for references to an "injunction" or an "interim injunction" there shall be substituted references to an "interdict" or an "interim interdict" respectively.

Contracts to which these Regulations apply

4. These Regulations apply, subject to regulation 6, to distance contracts other than excepted contracts.

Excepted contracts

5. - (1) The following are excepted contracts, namely any contract -

(a) for the sale or other disposition of an interest in land except for a rental agreement;

(b) for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;

(c) relating to financial services, a non-exhaustive list of which is contained in Schedule 2;

(d) concluded by means of an automated vending machine or automated commercial premises;

(e) concluded with a telecommunications operator through the use of a public pay-phone;

(f) concluded at an auction.


(2) References in paragraph (1) to a rental agreement -

(a) if the land is situated in England and Wales, are references to any agreement which does not have to be made in writing (whether or not in fact made in writing) because of section 2(5)(a) of the Law of Property (Miscellaneous Provisions) Act 1989[5];

(b) if the land is situated in Scotland, are references to any agreement for the creation, transfer, variation or extinction of an interest in land, which does not have to be made in writing (whether or not in fact made in writing) as provided for in section 1(2) and (7) of the Requirements of Writing (Scotland) Act 1995[6]; and

(c) if the land is situated in Northern Ireland, are references to any agreement which is not one to which section II of the Statute of Frauds, (Ireland) 1695[7] applies.

(3) Paragraph (2) shall not be taken to mean that a rental agreement in respect of land situated outside the United Kingdom is not capable of being a distance contract to which these Regulations apply.

 
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