Amendments to regulation 2 of the 2008 Regulations
2.—(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—
goods,
a service,
digital content,
immoveable property,
rights or obligations, or
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”—
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
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.”.