PART 1General

Limits of application: general6

1

These Regulations do not apply to a contract, to the extent that it is—

a

for—

i

gambling within the meaning of the Gambling Act 20057 (which includes gaming, betting and participating in a lottery); or

ii

in relation to Northern Ireland, for betting, gaming or participating lawfully in a lottery within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 19858;

b

for services of a banking, credit, insurance, personal pension, investment or payment nature;

c

for the creation of immovable property or of rights in immovable property;

d

for rental of accommodation for residential purposes;

e

for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings;

f

for the supply of foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace;

g

within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours9;

h

within the scope of Directive 2008/122/EC of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts10.

2

These Regulations do not apply to contracts—

a

concluded by means of automatic vending machines or automated commercial premises;

b

concluded with a telecommunications operator through a public telephone for the use of the telephone;

c

concluded for the use of one single connection, by telephone, internet or fax, established by a consumer;

d

under which goods are sold by way of execution or otherwise by authority of law.

3

Paragraph (1)(b) is subject to regulations 38(4) (ancillary contracts) and 40(3) (additional payments).