Timeshare Act 1992 (repealed)

[F1 Schedule 1 U.K. Minimum list of items to be included in a timeshare agreement to which section 1C applies

Textual Amendments

F1 Sch. 1 inserted (29.4.1997) by S.I. 1997/1081, reg. 3(3), Sch.

(a) The identities and domiciles of the parties, including specific information on the offeror’s legal status at the time of the conclusion of the agreement and the identity and domicile of the owner.

(b) The exact nature of the right which is the subject of the agreement and, if the accommodation concerned, or any of the accommodation in the pool of accommodation concerned, is situated in the territory of an EEA State, a clause setting out the conditions governing the exercise of that right within the territory of that State and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled.

(c) When the timeshare accommodation has been determined, an accurate description of that accommodation and its location.

(d) Where the timeshare accommodation is under construction—

(i) the state of completion,

(ii) a reasonable estimate of the deadline for completion of the timeshare accommodation,

(iii) where it concerns specific timeshare accommodation, the number of the building permit and the name and full address of the competent authority or authorities,

(iv) the state of completion of the services rendering the timeshare accommodation fully operational (gas, electricity, water and telephone connections),

(v) a guarantee regarding completion of the timeshare accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of those guarantees.

(e) The services (lighting, water, maintenance, refuse collection) to which the offeree has or will have access and on what conditions.

(f) The common facilities, such as swimming pool, sauna, etc., to which the offeree has or may have access, and where appropriate, on what conditions.

(g) The principles on the basis of which the maintenance of and repairs to the timeshare accommodation and its administration and management will be arranged.

(h) The exact period within which the right which is the subject of the agreement may be exercised and, if necessary, its duration; the date on which the offeree may start to exercise that right.

(i) The price to be paid by the offeree to exercise the right under the agreement; an estimate of the amount to be paid by the offeree for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the timeshare accommodation, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs).

(j) A clause stating that acquisitions will not result in costs, charges or obligations other than those specified in the agreement.

(k) Whether or not it is possible to join a scheme for the exchange or resale of the rights under the agreement, and any costs involved should an exchange or resale scheme be organised by the offeror or by a third party designated by him in the agreement.

(l) [F2 Information on the right to cancel or withdraw from the agreement and indication of the person to whom any letter of cancellation or withdrawal should be sent, specifying also the arrangements under which such letters may be sent; where appropriate, information on the arrangements for the cancellation of the credit agreement linked to the agreement in the event of cancellation of the agreement or withdrawal from it.]

(m) The date and place of each party’s signing of the agreement.]

Textual Amendments

F2 Sch. 1 para. (l) omitted (1.9.2003) by virtue of The Timeshare Act 1992 (Amendment) Regulations 2003 (S.I. 2003/1922), reg. 1, Sch. para. 10(2)

Section 10.

[F3 SCHEDULE 2] U.K. Enforcement

Textual Amendments

F3 Sch. renumbered as Sch. 2 (29.4.1997) by S.I. 1997/1081, reg. 3(2)

Enforcement authority U.K.

1 (1) Every local weights and measures authority in Great Britain shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of each such authority to enforce the provisions of this Act within their area. U.K.

(2) The Department of Economic Development in Northern Ireland shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of the Department to enforce the provisions of this Act within Northern Ireland.

Commencement Information

I1 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Prosecutions U.K.

2 F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(2) Nothing in paragraph 1 above shall authorise a local weights and measures authority to bring proceedings in Scotland for an offence.

Textual Amendments

F4 Sch. 2 para. 2(1) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 6 8)

Commencement Information

I2 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Powers of officers of enforcement authority U.K.

3 (1) If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence under [F5 any of sections 1A to 2 or 5B] of this Act has been committed, he may— U.K.

(a) require a person carrying on or employed in a business to produce any book or document relating to the business, and take copies of it or any entry in it, or

(b) require such a person to produce in a visible and legible documentary form[F6 or from which it can readily be produced in a visible and legible form] any information so relating which is [F7 stored in any electronic form], and take copies of it,

for the purposes of ascertaining whether such an offence has been committed.

(2) If such an officer has reasonable grounds for believing that any documents may be required as evidence in proceedings for such an offence, he may seize and detain them and shall, if he does so, inform the person from whom they are seized.

(3) The powers of an officer under this paragraph may be exercised by him only at a reasonable hour and on production (if required) of his credentials.

(4) Nothing in this paragraph requires a person to produce, or authorises the taking from a person of, a document which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

Textual Amendments

F5 Words in Sch. 2 (as renumbered) para. 3(1) substituted (29.4.1997) by S.I. 1997/1081, reg. 13(4)

F6 Words in Sch. 2 para. 3(1)(b) inserted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 20(a); S.I. 2003/708, art. 2(k)

F7 Words in Sch. 2 para. 3(1)(b) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 20(b); S.I. 2003/708, art. 2(k)

Modifications etc. (not altering text)

C1 Sch. 2 para. 3(2) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 56 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a)

Commencement Information

I3 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

4 (1) A person who— U.K.

(a) intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule,

(b) without reasonable excuse fails to comply with a requirement made of him by such an officer under paragraph 3(1) above, or

(c) without reasonable excuse fails to give an officer of an enforcement authority acting in pursuance of this Schedule any other assistance or information which the officer has reasonably required of him for the purpose of the performance of the officer’s functions under this Schedule,

is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) If a person, in giving information to an officer of an enforcement authority who is acting in pursuance of this Schedule—

(a) makes a statement which he knows is false in a material particular, or

(b) recklessly makes a statement which is false in a material particular,

he is guilty of an offence.

(4) A person guilty of an offence under sub-paragraph (3) above is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment, to a fine.

Commencement Information

I4 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Disclosure of information U.K.

F8 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 para. 5 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(i), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 6)

Commencement Information

I5 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Privilege against self-incrimination U.K.

6 U.K. Nothing in this Schedule requires a person to answer any question or give any information if to do so might incriminate him.

Commencement Information

I6 Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2