Statutory Instruments
2015 No. 1629
Consumer Protection
The Consumer Contracts (Amendment) Regulations 2015
Made
27th August 2015
Laid before Parliament
28th August 2015
Coming into force
1st October 2015
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to matters relating to consumer protection and to the control of advertising. The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act and section 96(1) and (2) of the Consumer Rights Act 2015( 3 ).
Citation, commencement and application
1. —(1) These Regulations may be cited as the Consumer Contracts (Amendment) Regulations 2015 and come into force on 1st October 2015.
(2) These Regulations apply in relation to contracts entered into on or after that date.
Amendments to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
2.The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013( 4 ) are amended as set out in regulations 3 to 8.
3. —(1) In regulation 6(1)(a)(i) (limits of application: general), omit “or”.
(2) At the end of regulation 6(1)(a)(ii), insert—
“ or
(iii) participating in a lottery which forms part of the National Lottery within the meaning of the National Lottery etc. Act 1993 ( 5 ) ” .
4. —(1) For regulation 9(3) (information to be provided before making an on-premises contract), substitute—
“ (3) If the contract is for the supply of digital content other than for a price paid by the consumer—
(a) any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract, and
(b) a change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader ” .
(2) Omit regulation 9(4).
5. —(1) For regulation 10(5) (information to be provided before making an off-premises contract), substitute—
“ (5) If the contract is for the supply of digital content other than for a price paid by the consumer—
(a) any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract, and
(b) a change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader ” .
(2) Omit regulation 10(6).
6. —(1) For regulation 13(6) (information to be provided before making a distance contract), substitute—
“ (6) If the contract is for the supply of digital content other than for a price paid by the consumer—
(a) any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract, and
(b) a change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader ” .
(2) Omit regulation 13(7).
7. In regulation 34(6) (reimbursement by trader in the event of withdrawal or cancellation), for “44” substitute “32”.
8. Omit Part 5 (delivery and risk).
Amendment to the Consumer Protection from Unfair Trading Regulations 2008
9. —(1)The Consumer Protection from Unfair Trading Regulations 2008( 6 ) are amended as follows.
(2) In regulation 27I(6) (how does the right to a discount work?), for “Paragraph (5)” substitute “Paragraph (4)”.
Nick Boles
Minister of State for Skills
Department for Business, Innovation and Skills
27th August 2015
S.I. 1993/2661 and S.I. 1985/749 .
1972 c.68 ; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c.7) .
S.I. 2013/3134 , amended by S.I. 2014/870 .
1993 c.39 ; section 1(3) was amended by section 3 of the National Lottery Act 2006 (c.23) . There are other amendments but none is relevant.
S.I. 2008/1277 , amended by S.I. 2014/870 ; there are other amending instruments but none is relevant.