Timeshare Act 1992 (repealed)

1 Application of Act. U.K.

(1) In this Act—

(a) “timeshare accommodation” means any living accommodation, in the United Kingdom or elsewhere, used or intended to be used, wholly or partly, for leisure purposes by a class of persons (referred to below in this section as “timeshare users”) all of whom have rights to use, or participate in arrangements under which they may use, that accommodation, or accommodation within a pool of accommodation to which that accommodation belongs, for [F1 a specified or ascertainable period of the year], and

(b) “timeshare rights” means rights by virtue of which a person becomes or will become a timeshare user, being rights exercisable during a period of not less than three years.

(2) For the purposes of subsection (1)(a) above—

(a) “accommodation” means accommodation in a building or in a caravan (as defined in section 29(1) of the M1 Caravan Sites and Control of Development Act 1960), F2 . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (1)(b) above does not apply to a person’s rights—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) under a contract of employment ([F4 within the meaning of the Employment Rights Act 1996]) or a policy of insurance, F3 . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

or to such rights as may be prescribed.

F5 [( 3A ) For the purposes of sections 1A to 1E, [F6 2(2B) to (2E)], 3(3), 5A, 5B and 6A of this Act, subsection (1) above shall be construed as if in paragraph (b), after “become” there were inserted “, on payment of a global price,”.]

(4) In this Act “timeshare agreement” means, F7 . . . an agreement under which timeshare rights are conferred or purport to be conferred on any person and in this Act, in relation to a timeshare agreement—

(a) references to the offeree are to the person on whom timeshare rights are conferred, or purport to be conferred, and

(b) references to the offeror are to the other party to the agreement,

and, in relation to any time before the agreement is entered into, references in this Act to the offeree or the offeror are to the persons who become the offeree and offeror when it is entered into.

F8 [( 5 ) In this Act “timeshare credit agreement” means an agreement, not being a timeshare agreement, under which credit which fully or partly covers the price under a timeshare agreement is granted—

(a) by the offeror, or

(b) by another person, under an arrangement between that person and the offeror;

and a person who grants credit under a timeshare credit agreement is in this Act referred to as “the creditor”.]

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 [( 6A ) No timeshare agreement or timeshare credit agreement to which this Act applies may be cancelled under section 67 of the Consumer Credit Act 1974.]

(7) This Act applies to any timeshare agreement or timeshare credit agreement if—

(a) the agreement is to any extent governed by the law of the United Kingdom or of a part of the United Kingdom, or

(b) when the agreement is entered into, one or both of the parties are in the United Kingdom.

F11 [( 7A ) This Act also applies to any timeshare agreement if—

(a) the relevant accommodation is situated in the United Kingdom, F12 ...

(ab) [F13 the relevant accommodation is situated in another EEA State and the parties to the agreement are to any extent subject to the jurisdiction of any court in the United Kingdom in relation to the agreement, or ]

(b) when the agreement is entered into, the offeree is ordinarily resident in the United Kingdom and the relevant accommodation is situated in another EEA State.

(7B) For the purposes of subsection (7A) above, “the relevant accommodation” means—

(a) the accommodation which is the subject of the agreement, or

(b) some or all of the accommodation in the pool of accommodation which is the subject of the agreement,

as the case may be.]

(8) In the application of this section to Northern Ireland—

(a) for the reference in subsection (2)(a) above to section 29(1) of the M2 Caravan Sites and Control of Development Act 1960 there is substituted a reference to section 25(1) of the M3 Caravans Act (Northern Ireland) 1963, and

(b) for the reference in subsection (3)(b) above to [F14 the Employment Rights Act 1996] there is substituted a reference to article 2(2) of the M4 Industrial Relations (Northern Ireland) Order 1976.

Textual Amendments

F1 In s. 1(1)(a) definition of "time share accommodation" words substituted (29.4.1997) by S.I. 1997/1081, reg. 2(2)

F2 S. 1(2)(b) and preceding word omitted (29.4.1997) by virtue of S.I. 1997/1081, reg.14(2)

F3 S. 1(3)(a)(c) and preceding word omitted (29.4.1997) by virtue of S.I. 1997/1081, reg. 2(3)(a)(b)

F4 Words in s. 1(3)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 53(a) (with ss. 191-195, 202)

F5 S. 1(3A) inserted (29.4.1997) by S.I. 1997/1081, reg. 2(4)

F6 Words in s. 1(3A) substituted (1.9.2003) by The Timeshare Act 1992 (Amendment) Regulations 2003 (S.I. 2003/1922), reg. 1, Sch. para. 1(2)

F7 Words in s. 1(4) omitted (29.4.1997) by virtue of S.I. 1997/1081, reg.14(3)

F8 S. 1(5)(a)(b) substituted (29.4.1997) by S.I. 1997/1081, 2(5)

F9 S. 1(6) ceased to have effect (29.4.1997) by virtue of S.I. 1997/1081, reg. 2(6)

F10 S. 1(6A) inserted (29.4.1997) by S.I. 1997/1081, reg. 2(7)

F11 S. 1(7A)(7B) inserted (29.4.1997) by S.I. 1997/1081, reg. 2(8)

F12 Word in s. 1(7A)(a) omitted (1.9.2003) by virtue of The Timeshare Act 1992 (Amendment) Regulations 2003 (S.I. 2003/1922), reg. 1, Sch. para. 1(3)(a)

F13 S. 1(7A)(ab) inserted (1.9.2003) by The Timeshare Act 1992 (Amendment) Regulations 2003 (S.I. 2003/1922), reg. 1, Sch. para. 1(3)(b)

F14 Words in s. 1(8)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 53(b) (with ss. 191-195, 202)

Commencement Information

I1 S. 1 wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Marginal Citations

M1 1960 c. 62.

M2 1960 c. 62.

M3 1963. c. 17. (N.I.)

M4 S.I. 1976/1043 (N.I. 16)