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Consumers, Estate Agents and Redress Act 2007

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This is the original version (as it was originally enacted).

Contracts concluded away from business premises

59Contracts concluded away from business premises

(1)The Secretary of State may make regulations entitling a consumer who is a party to a protected contract to cancel the contract.

(2)A protected contract is a contract between a consumer and a trader which is for the supply of goods or services to the consumer by a trader and is made—

(a)during a solicited visit by a trader to the consumer’s home or place of work, or to the home of another individual, or

(b)after an offer made by the consumer during such a visit.

(3)A visit is solicited if it is made at the express request of the consumer.

(4)Regulations made under this section may make any provision which may be made by regulations under section 2(2) of the European Communities Act 1972 (c. 68) (by virtue of section 2(4) of that Act).

(5)The regulations may in particular make provision—

(a)as to the circumstances in which the consumer may cancel the contract and the effect of such a cancellation;

(b)requiring the trader to inform the consumer of the matters within paragraph (a);

(c)for the enforcement of any requirement imposed by virtue of paragraph (b).

(6)For the purposes of this section, “consumer” and “trader” in relation to a contract have the same meaning as they have for the purposes of the relevant Directive in relation to transactions within that Directive.

(7)“The relevant Directive” means—

(a)Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, as it has effect from time to time, or

(b)if that Directive is repealed and re-enacted (with or without modification), that Directive as re-enacted.

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