The Timeshare (Cancellation Notices) Order 1992

Statutory Instruments

1992 No. 1942

CONSUMER PROTECTION

The Timeshare (Cancellation Notices) Order 1992

Made

6th August 1992

Laid before Parliament

10th August 1992

Coming into force

12th October 1992

The Secretary of State, in exercise of the powers conferred upon him by section 4(2) and subsections (6), (7) and (8) of section 12 of the Timeshare Act 1992(1), hereby makes the following Order:

1.  This Order may be cited as the Timeshare (Cancellation Notices) Order 1992 and shall come into force on 12th October 1992.

2.  In this Order, “the Act” means the Timeshare Act 1992.

3.  Subject to the following provisions of this Order—

(a) a notice of the right to cancel a timeshare agreement given under section 2 of the Act shall be in the form set out in schedule 1 to this Order;

(b) a blank notice of cancellation which is required by section 4(2) of the Act to accompany a notice as described in (a) above shall be attached to that notice and shall be in the form set out in schedule 2 to this Order;

(c) a notice of the right to cancel a timeshare credit agreement given under section 3 of the Act shall be in the form set out in schedule 3 to this Order;

(d) a blank notice of cancellation which is required by section 4(2) of the Act to accompany a notice as described in (c) above shall be attached to that notice and shall be in the form set out in schedule 4 to this Order.

4.  A notice referred to in article 3(a) or (c) shall be printed on a single sheet of paper with the part which sets out section 7 of the Act appearing on the back of the sheet.

5.  The lettering of the notices referred to in article 3 shall be easily legible and of a colour which is easily distinguishable from the colour of the paper; and capital letters shall be used in all the places in which they are shown in each schedule and phrases shall be in bold lettering and underlined in accordance with the schedules.

6.  No capital letter in any of the notices referred to in article 3 shall be less than 2 millimetres high with lower case letters in proportion.

7.  The lettering of the words “YOUR RIGHT TO CANCEL” and “PLEASE READ CAREFULLY” in the notices referred to in article 3(a) and (c) shall be larger than any other lettering on those notices.

8.  In the notices referred to in article 3 there shall be inserted in the blank spaces beside the numbers shown in the form set out in the appropriate schedule the following wording or information and the numbers shall not appear in the notices

in schedule 1—

1.  the offeror’s reference number, code or other details to enable the contract or offer to be identified;

2.  the name of the offer or;

3.  the last date on which notice of cancellation may be given;

4.  the name and address of a person to whom notice of cancellation may be given;

in schedule 2—

1.  the name and address of a person to whom notice of cancellation may be given;

2.  the offeror’s reference number, code or other details to enable the contract or offer to be identified;

in schedule 3—

1.  the creditor’s reference number, code or other details to enable the timeshare credit agreement to be identified;

2.  the name of the creditor;

3.  the last date on which notice of cancellation may be given;

4.  the name and address of a person to whom notice of cancellation may be given;

in schedule 4—

1.  the name and address of a person to whom notice of cancellation may be given;

2.  the creditor’s reference number, code or other details to enable the timeshare credit agreement to be identified.

Denton of Wakefield

Parliamentary Under Secretary of State,

Department of Trade and Industry

6th August 1992

Article 3(a)

Schedule 1

Timeshare Form 1

Article 3(b)

Schedule 2

Timeshare Form 2

Article 3(c)

Schedule 3

Timeshare Form 3

Article 3(d)

Schedule 4

Timeshare Form 4

Explanatory Note

(This note is not part of the Order)

This Order prescribes the form of

(a) a notice of the right to cancel a timeshare agreement; and

(b) a blank notice of cancellation of a timeshare agreement; and

(c) a notice of the right to cancel a timeshare credit agreement; and

(d) a blank notice of cancellation of a timeshare credit agreement.

Under sections 2 and 3 of the Timeshare Act 1992 the notices (a) and (c) must be supplied to the offeree together with a document setting out the terms of the timeshare agreement or the timeshare credit agreement, or the substance of those terms. Under section 4 of the Act the notices (a) and (c) must be accompanied by the notices (b) and (d) respectively.

It is a criminal offence for an offeror to enter into a timeshare agreement unless the offeree has received notices (a) and (b) in accordance with the requirements above.

Notices (c) and (d) should also be given, in accordance with the requirements above, to the offeree before a timeshare credit agreement is entered into, (although entering into such an agreement when the offeree has not received them does not constitute a criminal offence).

Notices (a) and (c) give information about the offeree’s rights to cancel a timeshare agreement or a timeshare credit agreement at any time before or on a day specified in the notice. This must be a day which falls not less than fourteen days after the agreement is entered into. These notices also spell out the rights and obligations of the offeree should he choose to exercise the right to cancel.

Notices (b) and (d) may be used by the offeree to cancel the agreement.

(1)

1992 c. 35.