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Timeshare Act 1992

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Commencement Orders bringing legislation that affects this Act into force:

[F1Schedule 1E+W+S+N.I. Minimum list of items to be included in a timeshare agreement to which section 1C applies

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Amendments (Textual)

F1Sch. 1 inserted (29.4.1997) by S.I. 1997/1081, reg. 3(3), Sch.

(a)The identities and domiciles of the parties, including specific information on the offeror’s legal status at the time of the conclusion of the agreement and the identity and domicile of the owner.

(b)The exact nature of the right which is the subject of the agreement and, if the accommodation concerned, or any of the accommodation in the pool of accommodation concerned, is situated in the territory of an EEA State, a clause setting out the conditions governing the exercise of that right within the territory of that State and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled.

(c)When the timeshare accommodation has been determined, an accurate description of that accommodation and its location.

(d)Where the timeshare accommodation is under construction—

(i)the state of completion,

(ii)a reasonable estimate of the deadline for completion of the timeshare accommodation,

(iii)where it concerns specific timeshare accommodation, the number of the building permit and the name and full address of the competent authority or authorities,

(iv)the state of completion of the services rendering the timeshare accommodation fully operational (gas, electricity, water and telephone connections),

(v)a guarantee regarding completion of the timeshare accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of those guarantees.

(e)The services (lighting, water, maintenance, refuse collection) to which the offeree has or will have access and on what conditions.

(f)The common facilities, such as swimming pool, sauna, etc., to which the offeree has or may have access, and where appropriate, on what conditions.

(g)The principles on the basis of which the maintenance of and repairs to the timeshare accommodation and its administration and management will be arranged.

(h)The exact period within which the right which is the subject of the agreement may be exercised and, if necessary, its duration; the date on which the offeree may start to exercise that right.

(i)The price to be paid by the offeree to exercise the right under the agreement; an estimate of the amount to be paid by the offeree for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the timeshare accommodation, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs).

(j)A clause stating that acquisitions will not result in costs, charges or obligations other than those specified in the agreement.

(k)Whether or not it is possible to join a scheme for the exchange or resale of the rights under the agreement, and any costs involved should an exchange or resale scheme be organised by the offeror or by a third party designated by him in the agreement.

(l)Information on the right to cancel or withdraw from the agreement and indication of the person to whom any letter of cancellation or withdrawal should be sent, specifying also the arrangements under which such letters may be sent; where appropriate, information on the arrangements for the cancellation of the credit agreement linked to the agreement in the event of cancellation of the agreement or withdrawal from it.

(m)The date and place of each party’s signing of the agreement.]

Section 10.

[F2SCHEDULE 2]E+W+S+N.I. Enforcement

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Amendments (Textual)

F2Sch. renumbered as Sch. 2 (29.4.1997) by S.I. 1997/1081, reg. 3(2)

Enforcement authorityE+W+S+N.I.

1(1)Every local weights and measures authority in Great Britain shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of each such authority to enforce the provisions of this Act within their area.E+W+S+N.I.

(2)The Department of Economic Development in Northern Ireland shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of the Department to enforce the provisions of this Act within Northern Ireland.

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Commencement Information

I1Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

ProsecutionsE+W+S+N.I.

2(1)In section 130(1) of the M1Fair Trading Act 1973 (notice to Director General of Fair Trading of intended prosecution by local weights and measures authority in England and Wales), after “the Property Misdescriptions Act 1991” there is inserted “ or for an offence under section 2 of the Timeshare Act 1992 ”.E+W+S+N.I.

(2)Nothing in paragraph 1 above shall authorise a local weights and measures authority to bring proceedings in Scotland for an offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Marginal Citations

Powers of officers of enforcement authorityE+W+S+N.I.

3(1)If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence under [F3any of sections 1A to 2 or 5B] of this Act has been committed, he may—E+W+S+N.I.

(a)require a person carrying on or employed in a business to produce any book or document relating to the business, and take copies of it or any entry in it, or

(b)require such a person to produce in a visible and legible documentary form any information so relating which is contained in a computer, and take copies of it,

for the purposes of ascertaining whether such an offence has been committed.

(2)If such an officer has reasonable grounds for believing that any documents may be required as evidence in proceedings for such an offence, he may seize and detain them and shall, if he does so, inform the person from whom they are seized.

(3)The powers of an officer under this paragraph may be exercised by him only at a reasonable hour and on production (if required) of his credentials.

(4)Nothing in this paragraph requires a person to produce, or authorises the taking from a person of, a document which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in Sch. 2 (as renumbered) para. 3(1) substituted (29.4.1997) by S.I. 1997/1081, reg. 13(4)

Commencement Information

I3Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

4(1)A person who—E+W+S+N.I.

(a)intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule,

(b)without reasonable excuse fails to comply with a requirement made of him by such an officer under paragraph 3(1) above, or

(c)without reasonable excuse fails to give an officer of an enforcement authority acting in pursuance of this Schedule any other assistance or information which the officer has reasonably required of him for the purpose of the performance of the officer’s functions under this Schedule,

is guilty of an offence.

(2)A person guilty of an offence under sub-paragraph (1) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)If a person, in giving information to an officer of an enforcement authority who is acting in pursuance of this Schedule—

(a)makes a statement which he knows is false in a material particular, or

(b)recklessly makes a statement which is false in a material particular,

he is guilty of an offence.

(4)A person guilty of an offence under sub-paragraph (3) above is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Disclosure of informationE+W+S+N.I.

5(1)If a person discloses to another any information obtained in the exercise of functions under this Schedule he is guilty of an offence unless the disclosure was made—E+W+S+N.I.

(a)in or for the purpose of the performance by him or any other person of any such function, or

(b)for a purpose specified in section 38(2)(a), (b) or (c) of the M2Consumer Protection Act 1987 (enforcement of various enactments; compliance with Community obligations; and civil or criminal proceedings).

(2)A person guilty of an offence under sub-paragraph (1) above is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Sch. 2 para. 5(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2), Sch. 4 Pt. 1 para. 33

Commencement Information

I5Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Marginal Citations

Privilege against self-incriminationE+W+S+N.I.

6Nothing in this Schedule requires a person to answer any question or give any information if to do so might incriminate him.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

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