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Regulation 6 Renewal cooling-off period extended

Original text. Later amendments are not shown.

(1)

This regulation applies where a trader fails to meet the renewal cooling-off notice requirement in relation to a renewal cooling-off period.

(2)

The renewal cooling-off period—

(a)

does not end on the day on which it would otherwise end in the absence of this regulation (that is at the end of the period of 14 days mentioned in section 265(2)(b) of the DMCCA, referred to in this regulation as the “original RCOP end date”), and

(b)

instead ends at the end of the period specified in paragraph (3).

(3)

The period mentioned in paragraph (2)(b) is—

(a)

where the trader complies with paragraph (4) before the end of the period of 12 months beginning with the first day of the period mentioned in section 265(2)(b) of the DMCCA, the period of 14 days beginning with the day on which the trader complies with paragraph (4), or

(b)

where the trader does not comply with paragraph (4) before the end of that 12 month period, the period of 12 months beginning with the original RCOP end date.

(4)

The trader complies with this paragraph by giving the consumer the relevant information in writing on a durable mediumf1.

(5)

The relevant information is—

(a)

the cooling-off notice to which the renewal cooling-off notice requirement referred to in paragraph (1) relates, modified to take into account the time at which that notice is given to the consumer, including that notice setting out when the renewal cooling-off period ends as provided for in paragraph (3)(a), and

(b)

information confirming that the renewal cooling-off period is extended as provided for in this regulation.

Annotations

Footnotes

f1

And see section 272(8) of the DMCCA which provides that any information that a trader gives to a consumer under these Regulations must be given in clear and plain language and, if given in writing, be in legible form.