Part 4Consumer rights and disputes

Chapter 3Consumer Savings Schemes

287Trust arrangements

1

Where a trader relies on arrangements under this section for the purpose of satisfying section 285, the trader must ensure that all payments made by a consumer under a consumer savings scheme contract are held on trust for the consumer, in the United Kingdom, by one or more persons appointed as trustees for the consumer.

2

Subject to subsection (3), the monies are to be held on trust for the consumer as required by subsection (1) until—

a

the funds in the consumer’s account have been redeemed, or

b

any payments made by the consumer in respect of the consumer savings scheme contract have been returned to the consumer.

3

The trustees may authorise the use of monies held on trust for the consumer as required by subsection (1)—

a

to pay suppliers for goods, services or digital content to be provided to the consumer in accordance with the terms of the consumer savings scheme contract,

b

to return payments to the consumer in exceptional circumstances, or

c

to pay any profits after the consumer has redeemed all of the funds in their account.

4

For the purposes of subsection (3)(a), trustees may only authorise the release of monies on receipt of a declaration by the trader that the trader is solvent.

5

The trustee, or where there is more than one trustee, the majority of persons appointed as trustees for the purpose of subsection (1), must be independent of the trader.

6

For the purpose of subsection (5), a person is independent of the trader in relation to a trust only if—

a

the person has no interest in the assets of the trader or of the trust otherwise than as a trustee of that trust, and

b

the person is neither connected with, nor an associate of—

i

the trader, or

ii

any person for the time being acting as an insolvency practitioner in relation to the trader.

7

The cost of administering the trust must be paid for by the trader.

8

The trader must arrange for an independent auditor to be appointed to audit the accounts of the trust every three years.

9

In the event of a trader’s insolvency, monies held on trust for a consumer by the trustees in accordance with this section must be returned to the consumer.