The Unsolicited Goods and Services Act 1971 (Electronic Commerce) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend section 3(3)(a) of the Unsolicited Goods and Services Act 1971 (“the 1971 Act”), to bring section 3 into compliance with article 9(1) of the Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L178, 17.7.2000, p.1).

Section 3 of the 1971 Act imposes requirements as to how agreements may be made for entries in directories. Subsection 3(1)(a) permits agreements to be made by way of an order, the requirements for which are prescribed by section 3(3)(a). These Regulations amend that section so that orders may be sent electronically provided certain specified requirements are met.

These Regulations come into force immediately after the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004 (“the Order”) comes into force. The Order also amends the 1971 Act and will come into force twelve weeks after it is made.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the DTI Publications Orderline, Admail 528, London SW1W 8YT, telephone [phone], fax [phone], minicom 0870 1502 100.