Can I amend the model cancellation form?

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Published on LexisPSL on 10/07/2014

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Can I amend the model cancellation form?
  • What do the Regulations say?
  • What's the problem with the model Cancellation form?
  • Is there any other guidance?
  • What could happen if I amend the form?
  • The last word

Can I amend the model cancellation form?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply if you enter into an off-premises or distance contract with a consumer client.

At the heart of the regulations is the duty to give the client:

  1. notice of their right to cancel (called Instructions for cancellation), and

  2. a Cancellation form

This Q&A answers the practical question: can you amend the model Cancellation form and Instructions for cancellation, or do you have to replicate the versions in Schedule 3 of the Regulations?

What do the Regulations say?

Regulations 10 (off-premises contracts) and 13 (distance contracts) require that if a right to cancel exists, you must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.

This contrasts with the Instructions for cancellation, which may be provided by means of the model instructions on cancellation set out in part A of Schedule 3.

There is obviously a policy reason for distinguishing the two forms in this way, ie the model Cancellation form is prescriptive but the Instruction for cancellation isn’t.

It's clear that the model

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