Amendments to regulation 2 of the 2008 Regulations2

1

Regulation 2 of the 2008 Regulations (interpretation) is amended as follows.

2

In paragraph (1), in the definition of “business”—

a

after “includes” insert “—(a)”, and

b

after “profession” insert—

, and

b

the activities of any government department or local or public authority;

3

In that paragraph, for the definition of “consumer” substitute—

  • “consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s business;

4

In that paragraph, after that definition insert—

  • “digital content” means data which are produced and supplied in digital form;

5

In that paragraph, for the definition of “goods” substitute—

  • “goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or set quantity;

6

In that paragraph, for the definition of “product” substitute—

  • “product” means—

    1. a

      goods,

    2. b

      a service,

    3. c

      digital content,

    4. d

      immoveable property,

    5. e

      rights or obligations, or

    6. f

      a product of the kind mentioned in paragraphs (1A) and (1B),

    but the application of this definition to Part 4A is subject to regulations 27C and 27D;.

7

In that paragraph, for the definition of “trader” substitute—

  • “trader”—

    1. a

      means a person acting for purposes relating to that person’s business, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf, and

    2. b

      except in Part 4A, includes a person acting in the name of or on behalf of a  trader;

8

In that paragraph, in the definition of “transactional decision”, after paragraph (b) insert “(but the application of this definition to regulations 5 and 7 as they apply for the purposes of Part 4A is subject to regulation 27B(2))”.

9

After that paragraph insert—

1A

A trader (“T”) who demands payment from a consumer (“C”) in full or partial settlement of C’s liabilities or purported liabilities to T is to be treated for the purposes of these Regulations as offering to supply a product to C.

1B

In such a case the product that T offers to supply comprises the full or partial settlement of those liabilities or purported liabilities.