The Package Travel, Package Holidays and Package Tours (Amendment) Regulations 1998

Statutory Instruments

1998 No. 1208

CONSUMER PROTECTION

The Package Travel, Package Holidays and Package Tours (Amendment) Regulations 1998

Made

10th May 1998

Laid before Parliament

13th May 1998

Coming into force

30th June 1998

Whereas 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 measures relating to consumer protection as regards package travel, package holidays and package tours:

Now, therefore the Secretary of State, in exercise of the powers conferred upon her by section 2(2) of that Act hereby makes the following Regulations:—

Citation and Commencement

1.  These Regulations may be cited as the Package Travel, Package Holidays and Package Tours (Amendment) Regulations 1998 and shall come into force on 30th June 1998.

Interpretation

2.  Terms used in these Regulations shall have the same meaning as in the Package Travel, Package Holidays and Package Tours Regulations 1992(3) (“the principal Regulations”).

Application of regulation 4

3.  Regulation 4 below shall not apply where a brochure is made available to a consumer at any time which is identical to a brochure first made available to consumers generally before 1st October 1998.

Requirements as to brochures

4.  In paragraph 5 of Schedule 1 to the principal Regulations the words “nationals of the member State or States in which the brochure is made available” shall be substituted for the words “British citizens”.

Information to be provided before contract is concluded

5.  In regulation 7(2)(a) of the principal Regulations the words “nationals of the member State or States concerned” shall be substituted for the words “British Citizens”.

Nigel Griffiths

Parliamentary Under-Secretary of State for Competition and Consumer Affairs,

Department of Trade and Industry

10th May 1998

Explanatory Note

(This note is not part of the Regulations)

Subject to transitional arrangements in relation to brochures, these Regulations amend the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288) to bring the wording into line with that of Council Directive 90/314/EEC on package travel, package holidays, and package tours (OJ No. L158, 13.6.1990, p.59). In the requirements to provide information in brochures and before conclusion of contracts references to British Citizens are replaced by references to nationals of the member State or States concerned.

A Regulatory Appraisal has been drawn up, and copies have been placed in the libraries of both Houses of Parliament. Copies are also available from Mr Mauro Reali, Consumer Affairs and Competition Policy Directorate, Room 4.N.11 Department of Trade & Industry, 1 Victoria Street, London SW1H 0ET. Telephone [phone]. Fax [phone].

(1)

S.I. 1991/755.

(2)

1972 c. 68.

(3)

S.I. 1992/3288, as extended by section 2(1) of the European Economic Area Act 1993 (c. 51) and amended by the Package Travel, Package Holidays and Package Tours (Amendment) Regulations 1995 (S.I. 1995/1648).