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

UK Statutory Instrument 2010 No. 2960 — creates 12 criminal offences.

12offences created

0recorded in force

0revoked

Made: 11 December 2010
In force from: 23 February 2011
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement 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 contracts (OJ No L 33, 3.2.2009 p10) (“the Directive”). Part 2 contains key definitions and describes the timeshare, long-term holiday product, resale and exchange contracts that are covered by these Regulations. Part 3 sets out the requirements that must be complied with before a trader enters into a regulated contract with a consumer. This includes requirements relating to advertising and marketing and the information that must be provided to the consumer in good time before the contract is entered into. Part 4 sets out requirements relating to the regulated contract, including obligations to draw the attention of the consumer to matters relating to the right to withdrawal and the prohibition on advance consideration. This Chapter also makes requirements as to the language of the contract. Part 5 makes provisions relating to the termination of a regulated contract, including the consumer’s right to withdraw from the contract without penalty during a 14 day withdrawal period. Part 6 prohibits a trader from accepting payment from the consumer during the withdrawal period and makes provisions relating to the payment schedule for long-term holiday product contracts. Part 7 sets out the penalties for offences under these Regulations. A person who fails to comply with regulations 12, 14, 15 or 17 may also commit an offence under Part 2 of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277). Part 8 places a duty to enforce the Regulations on local weights and measures authorities and the Department of Enterprise, Trade and Investment in Northern Ireland. Part 9 repeals the Timeshare Act 1992 and revokes both the Timeshare Regulations 1997 (S.I. 1997/1081) and the Timeshare Act 1992 (Amendment) Regulations 2003 (S.I. 2003/1922). Schedules 1 to 5 set out the standard information forms that the trader is required to use under these Regulations. Schedule 6 makes consequential amendments. Paragraph 3 amends schedule 13 to the Enterprise Act 2002 so that contravention of the Directive can be enforced under that Act as a Community infringement. Schedule 7 contains transitional and savings provisions. Schedule 8 contains repeals and revocations. A transposition note and an impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the BIS website (www.bis.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies have also been placed in the Libraries of both Houses of Parliament.

Offences created by this instrument

Key information regulation 12(8) · Status not determined · Strict liability
Marketing and sales regulation 14(5) · Status not determined · Strict liability
Form of contract regulation 15(8) · Status not determined · Strict liability
Form of contract regulation 15(8)(a) · Status not determined · Strict liability
Obligations of trader regulation 16(4) · Status not determined · Strict liability
Translation of contract regulation 18(5) · Status not determined · Strict liability
Advance consideration regulation 25(7) · Status not determined · Strict liability
Payment schedule: long-term holiday product contracts regulation 26(5) · Status not determined · Strict liability
This regulation applies where a person (“X”)— a commits an offence under the preceding provisions of these… regulation 29(1) · Status not determined · Strict liability
a commits an offence under the preceding provisions of these Regulations, or regulation 29(1)(a) · Status not determined · Strict liability
Obstruction of authorised officers regulation 34(1) · Status not determined · Requires proof of a state of mind
Obstruction of authorised officers regulation 34(3) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Timeshare Contracts Commons · Commons Chamber · 3 June 2013 · Fiona O'Donnell (East Lothian) (Lab)
I am grateful for the opportunity to debate the regulation of the timeshare industry. I want to start with a list of thank yous. It is appropriate that we are speaking about timeshare: I thank Ministers from the Department of Energy and Climate Change for disposing of their business so quickly that they have managed to share the time this evening more evenly. I thank the Minister and her officials for the interest they have taken in this issue. I look forward to working with them in the hope that we can find a way to solve the problems faced by the people I will be speaking about. I thank…
Timeshare Contracts Commons · Commons Chamber · 3 June 2013 · Jo Swinson
I would not want to paraphrase the entire guide to timeshare disposal, which the TA produced and which could probably say it better than I could. I can recommend that publication to the hon. Gentleman, as it would be useful for him to have a look at it. In general terms, buyers can be found for the contracts in some cases, whereas in others resort owners have a points system in a second-hand market. For example, where the owner of a timeshare contract is no longer able to access the benefits of the contract, perhaps because the location is a long distance away and they can no longer travel…
Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 Lords · Grand Committee · 21 November 2018 · The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)
My Lords, I beg to move that the draft regulations, which were laid before the House on 22 October 2018, be considered. These draft regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018. They form part of the work being done to adjust our existing legislative framework in readiness for leaving the European Union next year. Obviously, the best outcome for the UK is to leave the EU with a good deal. If a deal—and therefore a withdrawal agreement—is reached, the implementation date of this instrument could be changed by any subsequent Bill that the…
Draft Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 Commons · General Committees · 21 November 2018 · The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
I beg to move, That the Committee has considered the draft Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018. It is a pleasure to serve under your chairmanship, Mr Pritchard, and to introduce the regulations, which were laid before the House on 22 October. The regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018. They form part of a wider programme of work to adjust our existing legislative framework in readiness for leaving the European Union next year. If approved, the regulations will make…

How Parliament handled it

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