Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2117 |
| Year | 1987 |
1987 No. 2117
CONSUMER PROTECTION
The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987
Made 7th December 1987
Laid before Parliament 16th December 1987
Coming into force 1st July 1988
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to matters of consumer protection in respect of contracts negotiated away from business premises of the trader, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 and shall come into force on 1st July 1988.
Interpretation
2.—(1) In these Regulations–
“business” includes a trade or profession;
“consumer” means a person, other than a body corporate, who, in making a contract to which these Regulations apply, is acting for purposes which can be regarded as outside his business;
“goods” has the meaning given by section 61(1) of the Sale of Goods Act 19793;
“land mortgage” includes any security charged on land and in relation to Scotland includes any heritable security;
“notice of cancellation” has the meaning given by regulation 4(5) below;
“security” in relation to a contract means a mortgage, charge, pledge, bond, debenture, indemnity, guarantee, bill, note or other right provided by the consumer, or at his request (express or implied), to secure the carrying out of his obligations under the contract;
“signed” has the same meaning as in the Consumer Credit Act 19744; and
“trader” means a person who, in making a contract to which these Regulations apply, is acting for the purposes of his business, and anyone acting in the name or on behalf of such a person.
(2) In Scotland any provision in these Regulations requiring a document to be signed shall be complied with by a body corporate if the document is properly executed in accordance with the law of Scotland.
Contracts to which the Regulations apply
3.—(1) These Regulations apply to a contract, other than an excepted contract, for the supply by a trader of goods or services to a consumer which is made—
(a)
(a) during an unsolicited visit by a trader–
(i) to the consumer’s home or to the home of another person; or
(ii) to the consumer’s place of work;
(b)
(b) during a visit by a trader as mentioned in paragraph (a)(i) or (ii) above at the express request of the consumer where the goods or services to which the contract relates are other than those concerning which the consumer requested the visit of the trader, provided that when the visit was requested the consumer did not know, or could not reasonably have known, that the supply of those other goods or services formed part of the trader’s business activities;
(c)
(c) after an offer was made by the consumer in respect of the supply by a trader of the goods or services in the circumstances mentioned in paragraph (a) or (b) above or (d) below; or
(d)
(d) during an excursion organised by the trader away from premises on which he is carrying on any business (whether on a permanent or temporary basis).
(2) For the purposes of this regulation an excepted contract means
(a)
(a) any contract–
(i) for the sale or other disposition of land, or for a lease or land mortgage;
(ii) to finance the purchase of land;
(iii) for a bridging loan in connection with the purchase of land; or
(iv) for the construction or extension of a building or other erection on land:
Provided that these Regulations shall apply to a contract for the supply of goods and their incorporation in any land or a contract for the repair or improvement of a building or other erection on land, where the contract is not financed by a loan secured by a land mortgage;
(b)
(b) any contract for the supply of food, drink or other goods intended for current consumption by use in the household and supplied by regular roundsmen;
(c)
(c) any contract for the supply of goods or services which satisfies all the following conditions, namely–
(i) terms of the contract are contained in a trader’s catalogue which is readily available to the consumer to read in the absence of the trader or his representative before the conclusion of the contract;
(ii) the parties to the contract intend that there shall be maintained continuity of contact between the trader or his representative and the consumer in relation to the transaction in question or any subsequent transaction; and
(iii) both the catalogue and the contract contain or are accompanied by a prominent notice indicating that the consumer has a right to return to the trader or his representative goods supplied to him within the period of not less than 7 days from the day on which the goods are received by the consumer and otherwise to cancel the contract within that period without the consumer incurring any liability, other than any liability which may arise from the failure of the consumer to take reasonable care of the goods while they are in his possession;
(d)
(d) contracts of insurance to which the Insurance Companies Act 19825applies;
(e)
(e) investment agreements within the meaning of the Financial Services Act 19866, and agreements for the making of deposits within the meaning of the Banking Act 19877in respect of which Regulations have been made for regulating the making of unsolicited calls under section 34 of that Act;
(f)
(f) any contract not falling within sub-paragraph (g) below under which the total payments to be made by the consumer do not exceed £35; and
(g)
(g) any contract under which credit within the meaning of the Consumer Credit Act 1974 is provided not exceeding £35 other than a hire-purchase or conditional sale agreement.
(3) In this regulation “unsolicited visit” means a visit by a trader, whether or not he is the trader who supplies the goods or services, which does not take place at the express request of the consumer and includes a visit which takes place after a trader telephones the consumer (otherwise than at his express request) indicating expressly or by implication that he is willing to visit the consumer.
Cancellation of Contract
4.—(1) No contract to which these Regulations apply shall be enforceable against the consumer unless the trader has delivered to the consumer notice in writing in accordance with paragraphs (3) and (4) below indicating the right of the consumer to cancel the contract within the period of 7 days mentioned in paragraph (5) below containing both the information set out in Part I of the Schedule to these Regulations and a Cancellation Form in the form set out in Part II of the Schedule and completed in accordance with the footnotes.
(2) Paragraph (1) above does not apply to a cancellable agreement within the meaning of the Consumer Credit Act 1974 or to an agreement which may be cancelled by the consumer in accordance with terms of the agreement conferring upon him similar rights as if the agreement were such a cancellable agreement.
(3) The information to be contained in the notice under paragraph (1) above shall be easily legible and if incorporated in the contract or other document shall be afforded no less prominence than that given to any other information in the document apart from the heading to the document and the names of the parties to the contract and any information inserted in handwriting.
(4) The notice shall be dated and delivered to the consumer–
(a)
(a) in the cases mentioned in regulation 3(1)(a), (b) and (d) above, at the time of the making of the contract; and
(b)
(b) in the case mentioned in regulation 3(1)(c) above, at the time of the making of the offer by the consumer.
(5) If within the period of 7 days following the making of the contract the consumer serves a notice in writing (a “notice of cancellation”) on the trader or any other person specified in a notice referred to in paragraph (1) above as a person to whom notice of cancellation may be given which, however expressed and whether or not conforming to the cancellation...
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