The Timeshare (Cancellation Information) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2579 |
| Year | 2003 |
2003 No. 2579
CONSUMER PROTECTION
The Timeshare (Cancellation Information) Order 2003
Made 2nd October 2003
Laid before Parliament 8th October 2003
Coming into force 31th October 2003
The Secretary of State, in exercise of the powers conferred upon her by section 4(2) and subsections (6), (7) and (8) of section 12 of the Timeshare Act 19921, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Timeshare (Cancellation Information) Order 2003 and shall come into force on 31st October 2003.
Interpretation
2. In this Order—
“the Act” means the Timeshare Act 1992;
“blank cancellation notice”, in the case of a timeshare agreement, means a blank notice of cancellation which the agreement is required to contain by section 2(2F) of the Act2, and, in the case of a timeshare credit agreement, means a blank notice of cancellation which a timeshare credit agreement is required to contain by section 3(6) of the Act3;
“required information”, in the case of a timeshare agreement, means information which the agreement is required to contain by section 2 of the Act and, in the case of a timeshare credit agreement, means information which the agreement is required to contain by section 3 of the Act.
Form of timeshare agreements
3.—(1) A timeshare agreement shall include the required information in the form set out—
(a)
(a) in Part I of Schedule 1 to this Order, unless the agreement fulfils the conditions set out in either subsection (2B) or subsection (2D) of section 2 of the Act;
(b)
(b) in Part II of that Schedule, if the agreement fulfils the conditions set out in subsection (2D), but does not fulfil the conditions set out in subsection (2B), of that section; or
(c)
(c) in Part III of that Schedule, if the agreement fulfils the conditions set out in subsection (2B) of that section.
(2) If a timeshare agreement includes provision for providing credit for or in respect of the offeree, it shall also include the information which it is required to contain by section 2(2A) of the Act in the form set out in Schedule 2 to this Order.
(3) A timeshare agreement shall include a blank cancellation notice in the form set out in Part I of Schedule 4 to this Order.
(4) The required information and the blank cancellation notice shall be set out at the end of the timeshare agreement.
(5) A timeshare agreement shall include, immediately adjacent to the place where the offeree signs the agreement, the statement, “YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT. YOU HAVE UNTIL IN WHICH TO DO SO. (THIS DATE MUST BE AT LEAST FOURTEEN DAYS AFTER THE DAY YOU SIGNED THE AGREEMENT). PLEASE REFER TO THE END OF THE AGREEMENT FOR FURTHER DETAILS OF YOUR CANCELLATION RIGHTS.”.
Form of timeshare credit agreements
4.—(1) A timeshare agreement shall include the required information in the form set out—
(a)
(a) in Part I of Schedule 3 to this Order, or
(b)
(b) in Part II of that Schedule, if the agreement fulfils the conditions set out in subsection (4) of section 3 of the Act.
(2) A timeshare credit agreement shall include a blank cancellation notice in the form set out in Part II of Schedule 4 to this Order.
(3) The required information and the blank cancellation notice shall be set out at the end of the timeshare credit agreement.
(4) A timeshare credit agreement shall include, immediately adjacent to the place where the offeree signs the agreement, the statement, “YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT. YOU HAVE UNTIL IN WHICH TO DO SO. (THIS DATE MUST BE AT LEAST FOURTEEN DAYS AFTER THE DAY YOU SIGNED THE AGREEMENT). PLEASE REFER TO THE END OF THE AGREEMENT FOR FURTHER DETAILS OF YOUR CANCELLATION RIGHTS.”.
Lettering requirements
5.—(1) The lettering of the required information, of the blank cancellation notices and of the statements referred to in articles 3(5) and 4(4) shall be of a size and type that is easily...
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