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The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111173916

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Consumer Protection

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  3. 3Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  4. 4Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  5. 5Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  6. 6Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  7. 7Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  8. 8Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  9. 9Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  10. 10Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  11. 11Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  12. 12Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
  13. Signature
  14. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

(2)

Nothing in these Regulations applies to—

(a)

a package travel contract, or

(b)

a linked travel arrangement,

concluded before exit day.

(3)

In paragraph (2)—

(a)

“package travel contract” has the meaning given in regulation 2(1) of the Package Travel and Linked Travel Arrangements Regulations 2018f1;

(b)

“linked travel arrangement” has the meaning given in regulation 2(3) and (4) of those Regulations.

2Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

The Package Travel and Linked Travel Arrangements Regulations 2018 are amended as follows.

3Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

omit the definition of “the Directive”;

(ii)

in the definition of “travel service”, for paragraph (c) substitute—

“(c)

the rental of—

(i)

cars;

(ii)

other motor vehicles within the meaning of regulation 4(1) of the Road Vehicles (Approval) Regulations 2009f1; or

(iii)

motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 (categories and sub-categories of vehicle for licensing purposes) to the Motor Vehicles (Driving Licences) Regulations 1999f2;”;

(iii)

in the entry relating to “Union passenger rights legislation”, omit “Union” and reposition the definition so amended at the appropriate place;

(b)

in paragraph (2), for the words from “point 5” to the end substitute “regulation 4 of the Provision of Services Regulations 2009f3”.

4Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 7(13) (content of the package travel contract and other documents), for the words from “point 8” to the end substitute “regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013f1”.

5Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 19 (insolvency protection for packages)—

(a)

omit paragraph (2);

(b)

in paragraph (4)(a), omit “or in any other member State”;

(c)

in paragraph (6), omit sub-paragraph (a) and the “or” after it;

(d)

omit paragraph (11).

6Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 20(8) (bonding), in the definition of “authorised institution”, omit “or of a member State”.

7Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 21(7)(a) (bonding where approved body has reserve fund or insurance), omit “a member State,”.

8Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 22(1) (insurance), omit “a member State,”.

9Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 23(1) (monies in trust), omit “or a member State”.

10Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 26 (insolvency protection and information requirements for linked travel arrangements)—

(a)

omit paragraph (2);

(b)

in paragraph (4)(a), omit “or in any other member State”;

(c)

in paragraph (6), omit sub-paragraph (a) and the “or” after it;

(d)

in paragraph (7), for “a member State”, in both places it occurs, substitute “the United Kingdom”.

11Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In regulation 27 (specific obligations of the retailer where the organiser is established outside the European Economic Area), for “European Economic Area”, in both places it occurs (including in the heading), substitute “United Kingdom”.

12Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018

In Schedule 5 (information to be provided in the package travel contract)—

(a)

in paragraph 3, omit the words from “, and, where” to the end;

(b)

in paragraph 7, for the words from “Directive 2013/11/EU” to the end substitute “the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015f1”.

Signature

Name

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of consumer protection: they amend the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/ 634). Those amendments include amendments to regulations 19 and 26 so that organisers of packages and traders facilitating linked travel arrangements which are established in Member States of the European Union are no longer exempted from the requirement to provide security in accordance with Part 5 (insolvency protection) of those Regulations.

An impact assessment has not been prepared for this instrument as it has minimal impact on the private sector. No impact is expected on the public sector, charities or voluntary bodies. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.