The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010

1Citation and Commencement

2Interpretation

PART 2KEY DEFINITIONS

3Regulated contract

4Holiday accommodation contracts

5Holiday accommodation contracts to which these Regulations apply

6Excluded arrangements

7Timeshare contracts

8Long-term holiday product contracts

9Resale contracts

10Exchange contracts

11“Consumer” and “trader”

PART 3PRE-CONTRACTUAL MATTERS

12Key information

13Completing the standard information form

14Marketing and sales

PART 4REGULATED CONTRACT: FORMALITIES

15Form of contract

16Obligations of trader

17Language of the contract

18Translation of contract

19Conflict with contractual terms

PART 5TERMINATION OF REGULATED CONTRACTS

20Rights of withdrawal

21The withdrawal period

22Effect of exercising right of withdrawal

23Automatic termination of credit agreement

24Termination of long-term holiday product contracts

25Advance consideration

26Payment schedule: long-term holiday product contracts

PART 7OFFENCES: PENALTIES ETC

27Penalties for offences

28Offences committed by bodies of persons

29Offences due to the default of another person

30Due diligence defence

31Innocent publication of advertisement defence

PART 8ENFORCEMENT

32Enforcement authorities

33Powers of officers

34Obstruction of authorised officers

35Civil proceedings

PART 9SUPPLEMENTARY

36Repeals, revocations, amendments and transitional and savings provisions

37Application of the Package Travel, Package Holidays and Package Tours Regulations 1992

SCHEDULE 1Standard Information Form for Timeshare contracts

Acknowledgement of receipt of information:

Signature of the consumer:

SCHEDULE 2Standard Information Form for Long-Term Holiday Product Contracts

Acknowledgement of receipt of information:

Signature of the consumer:

SCHEDULE 3Standard Information Form for Resale Contracts

Acknowledgement of receipt of information:

Signature of the consumer:

SCHEDULE 4Standard Information Form for Exchange Contracts

Acknowledgement of receipt of information:

Signature of the consumer:

SCHEDULE 5Separate Standard Withdrawal Form to facilitate the Right of Withdrawal

Acknowledgement of receipt of information:

Signature of the consumer:

SCHEDULE 6Consequential Amendments

1Local Government Finance Act 1988

2Criminal Justice and Police Act 2001

3Enterprise Act 2002

4Regulatory Enforcement and Sanctions Act 2008

5Consumer Credit (Agreements) Regulations 1983

6Consumer Protection (Distance Selling) Regulations 2000

7Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

8Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001

9Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

10Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003

11Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

12Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003

13Financial Services (Distance Marketing) Regulations 2004

14Legislative and Regulatory Reform (Regulatory Functions) Order 2007

15Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

SCHEDULE 7Transitional and Savings Provisions

1Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

2Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003

3Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

4Disclosure of information

SCHEDULE 8Repeals and Revocations

PART 2Revocations

2010 No. 2960

Consumer Protection

The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010

Made11th December 2010

Laid before Parliament15th December 2010

Coming into force23rd February 2011

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to consumer protection.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Annotations:

Marginal Citations

M1

M2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).