The Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/55 |
2005 No. 55
REGULATORY REFORM
The Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005
Made 12th January 2005
Coming into force 6th April 2005
Whereas
(a) the Secretary of State for Trade and Industry (“the Secretary of State”) consulted—
such organisations as appeared to her to be representative of interests substantially affected by her proposals for this Order,
such organisations as appeared to her to be representative of the statutory bodies to whose functions her proposals relate,
the Law Commission,
the National Assembly for Wales, and
such other persons as she considered appropriate;
(b) as a result of that consultation it appeared to the Secretary of State that it was appropriate to vary part of her proposals;
(c) following the consultation mentioned in recital (a) the Secretary of State considered it appropriate to proceed with the making of this Order;
(d) a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 20011and the period for Parliamentary consideration under section 8 of that Act expired;
(e) the Secretary of State had regard to the representations made during that period and in particular to the Twenty-Ninth Report, Session 2003-2004, of the Delegated Powers and Regulatory Reform Committee of the House of Lords and the Twelfth Report, Session 2003-2004, of the Regulatory Reform Committee of the House of Commons;
(f) a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;
(g) the draft was approved by resolution of each House of Parliament;
(h) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and
(i) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now therefore the Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:—
Citation, Commencement, extent and interpretation
1.—(1) This Order may be cited as the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005 and shall come into force at the end of the period of 12 weeks beginning with the day on which it is made.
(2) This Order does not extend to Northern Ireland.
(3) Expressions used in this Order which are also used in the Unsolicited Goods and Services Act 19712have the same meaning as in that Act.
Amendments to the Unsolicited Goods and Services Act 1971
2.—(1) The Unsolicited Goods and Services Act 1971 is amended as follows.
(2) In section 3 (directory entries), at the end of subsection (1)(b)3, omit the word “or”.
(3) In section 3(1), after the words “in relation to that communication” in paragraph (c), insert—
“, or
(d)
(d) the charge arises under a contract in relation to which the conditions in section 3B(1) (renewed and extended contracts) are met”.
(4) In section 3(2)—
(a)
(a) omit the words from “, in the absence of an order” to “satisfied,”;
(b)
(b) in paragraph (c) after the words “subsection (1)(c)” insert the words “or (d)”.
(5) In section 3(3)—
(a)
(a) for the words “subsection (1) above,” substitute “this section – (a)”;
(b)
(b) before “the note” insert “(b)”;
(c)
(c) for the words from “required by this section” to the end of the subsection, substitute—
“of a person’s agreement to a charge must—
(i)
(i) specify the particulars set out in Part 1 of the Schedule to the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005, and
(ii)
(ii) give reasonable particulars of the entry in respect of which the charge would be payable.”
(6) Omit section 3A4(contents and form of notes of agreement, invoices and similar documents).
(7) Before section 4 insert—
“Renewed and extended contracts
3B.—(1) The conditions referred to in section 3(1)(d) above are met in relation to a contract (“the new contract”) if —
(a)
(a) a person (“the purchaser”) has entered into an earlier contract (“the earlier contract”) for including or arranging for the inclusion in a particular issue or version of a directory (“the earlier directory”) of an entry (“the earlier entry”) relating to him or his trade or business;
(b)
(b) the purchaser was liable to make a payment by way of a charge arising under the earlier contract for including or arranging for the inclusion of the earlier entry in the earlier directory;
(c)
(c) the new contract is a contract for including or arranging for the inclusion in a later issue or version of a directory (“the later directory”) of an entry (“the later entry”) relating to the purchaser or his trade or business;
(d)
(d) the form, content and distribution of the later directory is materially the same as the form, content and distribution of the earlier directory;
(e)
(e) the form and content of the later entry is materially the same as the form and content of the earlier entry;
(f)
(f) if the later directory is published other than in electronic form—
(i) the earlier directory was the last, or the last but one, issue or version of the directory to be published before the later directory, and
(ii) the date of publication of the later directory is not more than 13 months after the date of publication of the earlier directory;
(g)
(g) if the later directory is published in electronic form, the first date on which the new contract requires the later entry to be published is not more than the relevant period after the last date on which the earlier contract required the earlier entry to be published;
(h)
(h) if it was a term of the earlier contract that the purchaser renew or extend the contract—
(i) before the start of the new contract the relevant publisher has given notice in writing to the purchaser containing the information set out in Part 3 of the Schedule to the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005; and
(ii) the purchaser has not written to the relevant publisher withdrawing his agreement to the renewal or extension of the earlier contract within the period of 21 days starting when he receives the notice referred to in sub-paragraph (i); and
(i...
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