Timeshare Act 1996

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1996/1996-0007/TimeshareAct1996_3.pdf
Published: 2014-08-01

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Timeshare Act 1996

c i e
AT 7 of 1996

TIMESHARE ACT 1996

Timeshare Act 1996 Index


c AT 7 of 1996 Page 3

c i e
TIMESHARE ACT 1996

Index Section Page

PART 1 – STATUTORY RIGHTS UNDER TIMESHARE

AGREEMENTS 5

CHAPTER I 5
Timeshare Agreements 5

1 Application of Chapter I ................................................................................................ 5
2 Obligation to give notice of certain rights under timeshare agreements................ 6
3 Provisions supplementary to section 2 ........................................................................ 7
4 Right to cancel timeshare agreement ........................................................................... 7
5 Stake-holder ..................................................................................................................... 9
CHAPTER II 10
Timeshare Credit Agreements 10

6 Application of Chapter II ............................................................................................. 10
7 Obligation to give notice of right to cancel timeshare credit agreement .............. 11
8 Provisions supplementary to section 7 ...................................................................... 11
9 Payments by creditor ................................................................................................... 12
10 Right to cancel timeshare credit agreement .............................................................. 12
11 Credit agreements unenforceable in certain cases ................................................... 12
CHAPTER III 13
EU Timeshare Legislation 13

12 Application of EU timeshare legislation .................................................................... 13
PART 2 – MISCELLANEOUS AND SUPPLEMENTAL 14

CHAPTER I 14
Enforcement and Prosecutions 14

13 Enforcement ................................................................................................................... 14
14 Prosecution time limit .................................................................................................. 14
15 Defence of due diligence .............................................................................................. 14
16 Liability of person other than principal offender ..................................................... 15
CHAPTER II 15
Index Timeshare Act 1996


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General 15

17 Public documents ......................................................................................................... 15
18 Notice ............................................................................................................................. 16
19 Interpretation: timeshare ............................................................................................. 16
20 Interpretation: general ................................................................................................. 17
21 General provisions ....................................................................................................... 17
22 Short title and commencement ................................................................................... 18
SCHEDULE 1 19

ENFORCEMENT 19
SCHEDULE 2 21

MATTERS IN RESPECT OF WHICH REGULATIONS MAY BE MADE 21
ENDNOTES 23

TABLE OF LEGISLATION HISTORY 23
TABLE OF RENUMBERED PROVISIONS 23
TABLE OF ENDNOTE REFERENCES 23

Timeshare Act 1996 Section 1


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c i e
TIMESHARE ACT 1996

Received Royal Assent: 16 April 1996
Passed: 16 April 1996
Commenced: in accordance with section 22
AN ACT
to provide for rights to cancel certain timeshare agreements; to require
monies paid in respect of the use of timeshare accommodation to be paid to
independent stake-holders; to enable the application and implementation of
European Community instruments and international agreements relating to
timeshare; and for connected purposes.
PART 1 – STATUTORY RIGHTS UNDER TIMESHARE

AGREEMENTS

CHAPTER I
Timeshare Agreements
1 Application of Chapter I

This Chapter applies to any timeshare agreement if the purchaser is an
individual and —
(a) the agreement is to any extent governed by the law of the Island;
or
(b) on the date on which a contract document is signed by the
purchaser, one or both of the parties are in, or are ordinarily
resident in, the Island; or
(c) the offeror is a company which is incorporated in the Island; or
(d) on the date on which a contract document is signed by the
purchaser, the other party is a body corporate which is registered
under the Foreign Companies Act 2014; or1

(e) in such other circumstances as may be prescribed,
Section 2 Timeshare Act 1996


Page 6 AT 7 of 1996 c

and in this Chapter references to a timeshare agreement are to be
construed accordingly.
2 Obligation to give notice of certain rights under timeshare agreements

(1) A person must not in the course of a business enter into a timeshare
agreement as offeror unless —
(a) a notice which complies with subsection (2) and regulations under
section 3(3) is printed in the contract document immediately
before the purchaser’s signature; and
(b) the contract document —
(i) includes all the terms of the agreement; or
(ii) refers to another document setting out those terms which
has been given to the purchaser before he signs the
contract document;
and includes a statement of the effect of a notice under subsection
(2) and of the consequences of failure to comply with such
notice; and
(c) a copy of the contract document which is to be signed by the
purchaser is given to the purchaser at the time he signs it; and
(d) before the purchaser signs the contract document, he has
been given —
(i) such information as may be prescribed in such form as
may be prescribed; and
(ii) copies of such documents as may be prescribed.
(2) A notice under this section must state —
(a) that the purchaser is entitled to give notice of cancellation of the
agreement at any time before the expiry of the cancellation period;
and
(b) that if the purchaser gives such a notice before the expiry of the
cancellation period he will have the right to recover such sums (if
any) as have been paid under or in contemplation of the
agreement with the exception of any administration charge
specified under sub-paragraph (c); and
(c) any amount which will be withheld from the amount which may
be recovered as mentioned in paragraph (b) to offset
administration costs incurred by the offeror and the stake-holder
in the event of cancellation of the agreement in accordance with
this Chapter (in this Act referred to as “the administration

charge
”); and
(d) that any sum paid by the purchaser under or in contemplation of
the agreement must —
Timeshare Act 1996 Section 3


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(i) in the case of a cash payment, only be made to the stake-
holder specified in accordance with sub-paragraph (e);
(ii) in any other case, be made payable only to that stake-
holder; and
(e) the name and address of the stake-holder to whom all sums
payable under or in contemplation of the agreement must be paid;
and
(f) that the purchaser has read and understands the effect of the
notice.
(3) A person who contravenes subsection (1) is guilty of an offence and
liable —
(a) on summary conviction, to a fine not exceeding £5,000; and
(b) on conviction on information, to a fine.
(4) This section shall not be construed as imposing an obligation to require a
payment of any amount under or in contemplation of an agreement
before the expiration of the cancellation period.
3 Provisions supplementary to section 2

(1) Section 2 does not apply where, in entering into the agreement, the
purchaser is acting in the course of a business.
(2) An agreement is not invalidated by reason of a contravention of
section 2.
(3) The notice under section 2 and the statement under subsection (1)(b) of
that section must —
(a) be in such form as may be prescribed, and
(b) comply with such requirements (whether as to type, size, colour
or disposition of lettering, quality or colour of paper, or
otherwise) as may be prescribed for securing that the notice is
prominent and easily legible.
(4) The amount of the administration charge —
(a) shall not be less than £50; and
(b) shall not exceed —
(i) £150; or
(ii) 1% of the total price specified in the agreement as the total
price to be paid by the purchaser for the timeshare rights,
whichever is the lesser.
4 Right to cancel timeshare agreement

(1) Where a person has entered, or proposes to enter, into a timeshare
agreement as purchaser —
Section 4 Timeshare Act 1996


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(a) the agreement may not be enforced against him before the expiry
of the cancellation period; and
(b) he may give notice of cancellation of the agreement at any time
before the expiry of the cancellation period.
(2) Notice of cancellation may be given to —
(a) the stake-holder specified in the notice under section 2; or
(b) any other party to the timeshare agreement,
and any reference in this Chapter to the giving of notice of cancellation
shall be construed accordingly.
(3) Subject to subsection (4), where a contract document does not include the
notice under section 2, or the purchaser’s acknowledgement referred to
in section 2(2)(f) is not signed by the purchaser —
(a) the agreement may not be enforced against the purchaser; and
(b) he may give notice of cancellation of the agreement at any time.
(4) If, in a case falling within subsection (3), the purchaser affirms the
timeshare agreement at any time after the expiry of the cancellation
period —
(a) subsection (3) does not prevent the agreement being enforced
against him, and
(b) he may not at any subsequent time give notice of cancellation of
the agreement.
(5) The purchaser’s giving, within the time allowed under this section,
notice of cancellation of the agreement at a time when the agreement has
been entered into shall have the effect of cancelling the agreement.
(6) The purchaser’s giving notice of cancellation of the agreement before the
agreement has been entered into shall have the effect of withdrawing any
offer to enter into the agreement.
(7) Where a timeshare agreement is cancelled under this section, then,
subject to subsection (12) —
(a) the agreement shall cease to be enforceable, and
(b) subsection (9) shall apply.
(8) Subsection (9) shall also apply where giving a notice of cancellation has
the effect of withdrawing an offer to enter into a timeshare agreement.
(9) Subject to subsection (10) and (11), where this subsection applies —
(a) any sum which the purchaser has paid under or in contemplation
of the agreement shall be recoverable by the purchaser from the
stake-holder named in the notice under section 2 (whether or not
the stake-holder has received that sum); and
(b) the stake-holder shall pay an amount equal to such sum (less the
administration charge) to the purchaser before the expiry of the
Timeshare Act 1996 Section 5


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period of 60 days immediately following the date on which the
notice of cancellation is given; and
(c) no sum, other than the administration charge may be recovered
by or on behalf of the offeror from the purchaser in respect of the
agreement.
(10) Subsection (9) shall not apply where the purchaser has failed to pay to or,
as the case may be, failed to make payable to, the stake-holder all sums
due under or in contemplation of the timeshare agreement, in accordance
with the notice under section 2, and in such circumstances, subject to
subsection (11), —
(a) any sum which the purchaser has paid under or in contemplation
of the agreement to the offeror, or to any person who is the
offeror’s agent for the purpose of receiving that sum, shall be
recoverable by the purchaser from the offeror; and
(b) such sum (less the administration charge) shall be repaid before
the expiry of the period of 60 days immediately following the date
on which the notice of cancellation is given; and
(c) no sum, other than the administration charge, may be recovered
by or on behalf of the offeror from the purchaser in respect of the
agreement.
(11) If the notice under section 2 does not specify the amount of the
administration charge, it may not be recovered from the purchaser.
(12) Where a timeshare agreement includes provision for providing credit for
or in respect of the purchaser, then, notwithstanding the giving of notice
of cancellation under this section, so far as the agreement relates to
repayment of the credit and payment of interest —
(a) it shall continue to be enforceable; and
(b) the notice under section 2 must also state that fact.
5 Stake-holder

(1) A person must not in the course of business enter into a timeshare
agreement as offeror unless —
(a) the offeror has appointed a company to which this section applies
as stake-holder to receive any sums paid by the purchaser under
or in contemplation of the agreement; and
(b) the offeror and that stake-holder are different persons and are
independent of each other.
(2) A stake-holder who receives any sums paid by a purchaser under or in
contemplation of a timeshare agreement shall not pay such sums or any
part of them to the offeror, to the order of the offeror, or to any person
who is the offeror’s agent for the purpose, unless —
(a) the cancellation period has expired; and
Section 6 Timeshare Act 1996


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(b) the stake-holder is satisfied that the timeshare rights of the
purchaser are legally binding on the offeror; and
(c) except as provided in regulations made by the Treasury, the
stake-holder is satisfied —
(i) that the timeshare accommodation which is the subject of
the timeshare agreement is fit for occupation; or
(ii) that it will be fit for occupation on the date on which the
purchaser is first entitled to exercise his timeshare rights;
and
(d) such further conditions as may be prescribed have been complied
with.
(3) This section applies to a company —
(a) which is incorporated in the Island; and
(b) which has its principal place of business in the Island; and
(c) the company secretary of which is an individual who holds a
qualification specified in subsection (4); and
(d) which has no interest, whether legal or beneficial, in the timeshare
accommodation in respect of which it is to act as stake-holder
(other than an interest as such stake-holder or as trustee).
(4) The individual referred to in subsection (3)(c) must be —
(a) an individual who is qualified for appointment as the company
secretary of a public company under section 19(4) of the
Companies Act 1982;
(b) a fellow or associate member of the Institute of Bankers; or
(c) a person holding such other qualification as the Treasury may
approve.
(5) A person who contravenes subsection (1) or (2) is guilty of an offence and
liable —
(a) on summary conviction, to a fine not exceeding £5,000; and
(b) on conviction on information, to a fine.
(6) [Amends section 109 of the Companies Act 1931 by inserting subsections
(3A) and (3B).]
CHAPTER II
Timeshare Credit Agreements
6 Application of Chapter II

This Chapter applies to any timeshare credit agreement if the purchaser is an
individual and —
Timeshare Act 1996 Section 7


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(a) the agreement is to any extent governed by the law of the Island;
or
(b) when the agreement is signed by the purchaser, one or both of the
parties are in, or are ordinarily resident in, the Island; or
(c) the creditor is a company which is incorporated in the Island; or
(d) when the agreement is signed by the purchaser, the creditor is a
body corporate which is registered under the Foreign Companies
Act 2014; or2

(e) in such other circumstances as may be prescribed,
and in this Chapter references to a timeshare credit agreement are to be
construed accordingly.
7 Obligation to give notice of right to cancel timeshare credit agreement

(1) A person must not in the course of a business enter into a timeshare
credit agreement to which this Chapter applies as creditor unless the
document setting out the terms of the agreement or the substance of
those terms, includes, immediately before the purchaser’s signature, a
notice of the rights of the purchaser under this Chapter.
(2) A notice under this section must state —
(a) that the creditor will not pay any sum under the timeshare credit
agreement to the offeror or any agent of the offeror before the
expiry of the cancellation period;
(b) that the purchaser is entitled to give notice of cancellation of the
agreement at any time before the expiry of the cancellation period;
and
(c) that if the purchaser gives such a notice before the expiry of the
cancellation period, then the purchaser will have no further rights
or obligations under the agreement.
(3) A person who contravenes this section is guilty of an offence
and liable —
(a) on summary conviction, to a fine not exceeding £5,000; and
(b) on conviction on information, to a fine.
8 Provisions supplementary to section 7

(1) This Chapter does not apply where, in entering into the agreement, the
purchaser is acting in the course of a business.
(2) Except as provided by section 11, an agreement is not invalidated by
reason of a contravention of section 7.
(3) The notice under section 7 must —
(a) be in such form as may be prescribed, and
Section 9 Timeshare Act 1996


Page 12 AT 7 of 1996 c

(b) comply with such requirements (whether as to type, size, colour
or disposition of lettering, quality or colour of paper, or
otherwise) as may be prescribed for securing that the notice is
prominent and easily legible.
9 Payments by creditor

(1) The creditor under a timeshare credit agreement to which this Chapter
applies shall not pay any sum under or on account of the timeshare
credit agreement to the offeror or any agent of the offeror before the
expiry of the cancellation period.
(2) If a creditor makes a payment contrary to subsection (1), and the
agreement —
(a) is cancelled by virtue of a notice under section 10; or
(b) is rendered unenforceable by virtue of section 11,
the creditor may recover the amount of such payment as if it were a debt
owing to the creditor by the offeror.
10 Right to cancel timeshare credit agreement

(1) Where a person has entered into a timeshare credit agreement to which
this Chapter applies as a purchaser under a timeshare agreement, he may
give notice of cancellation of the timeshare credit agreement to the
creditor at any time before the expiry of the cancellation period.
(2) The purchaser’s giving notice under subsection (1) to the creditor at a
time when the agreement was entered into shall have the effect of
cancelling the agreement and the agreement shall accordingly cease to be
enforceable.
11 Credit agreements unenforceable in certain cases

(1) Subject to subsection (2), where the document setting out the terms of a
timeshare credit agreement to which this Chapter applies does not
include the notice required under section 7, the agreement shall be
unenforceable.
(2) If, in a case which would otherwise fall within subsection (1), the
purchaser affirms the timeshare credit agreement at any time after the
expiry of the cancellation period, that subsection shall not apply.
Timeshare Act 1996 Section 12


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CHAPTER III
EU Timeshare Legislation3

12 Application of EU timeshare legislation
4

(1) Notwithstanding the provisions of any other statutory provision, the
Treasury may by regulations apply to the Island as part of the law of the
Island, to such extent and subject to such exceptions, adaptations and
modifications as may be specified in the regulations, any EU instrument
to which this section applies.5

(2) This section applies to any EU instrument (within the meaning of section
1(1) of the European Communities (Isle of Man) Act 1973) which relates
directly or indirectly to timeshare accommodation, timeshare rights,
timeshare agreements, or persons who carry on timeshare business or
which otherwise relates to timeshare (but only to the extent that such
instrument does not apply as part of the law of the Island under section
2(1) of that Act).6

(3) Regulations under this section may include provisions repealing or
amending any provision of any enactment (other than this section) which
is inconsistent with, or is unnecessary or requires modification in
consequence of the regulations or any instrument applied to the Island
by the regulations.
(4) The Treasury shall as soon as practicable after the coming into operation
of regulations under this section cause a text to be prepared of the
instrument applied by the regulations, incorporating the exceptions,
adaptations and modifications specified in the regulations.
(5) The Treasury shall supply a copy of the text prepared under subsection
(4) to any person requesting the same, at such reasonable charge as the
Treasury may determine.
(6) A copy made available for purchase under subsection (5), purporting to
have been made under that subsection, shall be admissible in evidence in
all the courts in the Island and shall, until the contrary is proved, be
evidence of the contents thereof.
(7) Regulations under subsection (1) may —
(a) make such further provision as appears to the Treasury to be
necessary for the purpose of implementing any instrument
applied to the Island under that subsection; and
(b) create new criminal offences punishable with imprisonment for
periods not exceeding 2 years on conviction on information or
punishable on summary conviction with imprisonment for
periods not exceeding 6 months or with a fine of £5,000.
Section 13 Timeshare Act 1996


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(8) For the purposes of subsection (2), “timeshare business” has the meaning
given in paragraph 6 of Schedule 2.
PART 2 – MISCELLANEOUS AND SUPPLEMENTAL

CHAPTER I
Enforcement and Prosecutions
13 Enforcement

Schedule 1 (which makes provision about enforcement) shall have effect.
14 Prosecution time limit

(1) Notwithstanding section 75(1) of the Summary Jurisdiction Act 1989
proceedings for an offence under this Act may be commenced at any
time before —
(a) the end of the period of 3 years beginning with the date of the
commission of the offence, or
(b) the end of the period of one year beginning with the date of the
discovery of the offence by the prosecutor,
whichever is the earlier.
(2) For the purposes of this section a certificate signed by or on behalf of the
prosecutor and stating the date on which the offence was discovered by
him shall be conclusive evidence of that fact; and a certificate stating that
matter and purporting to be so signed shall be treated as so signed unless
the contrary is proved.
15 Defence of due diligence

(1) In proceedings against a person for an offence under this Act it shall be a
defence for that person to show that he took all reasonable steps and
exercised all due diligence to avoid committing the offence.
(2) Where in proceedings against a person for such an offence the defence
provided by subsection (1) involves an allegation that the commission of
the offence was due —
(a) to the act or default of another, or
(b) to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on
the defence unless he has served a notice under subsection (3) on the
person bringing the proceedings not less than 7 clear days before the
hearing of the proceedings.
Timeshare Act 1996 Section 16


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(3) A notice under this subsection shall give such information identifying or
assisting in the identification of the person who committed the act or
default or gave the information as is in the possession of the person
serving the notice at the time when he serves it.
(4) A person shall not be guilty of an offence under section 2(3) or 5(5) if
Chapter I of Part 1 applies to the timeshare agreement concerned by
reason only of the fact that the purchaser is ordinarily resident in the
Island on the date on which a contract document is signed by the
purchaser.
(5) A person shall not be guilty of an offence under section 7(3) if Chapter II
of Part 1 applies to the timeshare credit agreement concerned by reason
only of the fact that the purchaser is ordinarily resident in the Island on
the date on which the agreement is signed by the purchaser.
16 Liability of person other than principal offender

(1) Where the commission by a person of an offence under this Act is due to
the act or default of some other person, that other person is guilty of the
offence and may be proceeded against and punished by virtue of this
section whether or not proceedings are taken against the first-mentioned
person.
(2) Where a body corporate is guilty of an offence under this Act (including
where it is so guilty by virtue of subsection (1)) in respect of an act or
default which is shown to have been committed with the consent or
connivance of, or to be attributable to neglect on the part of, a director,
manager, secretary or other similar officer of the body corporate or a
person who was purporting to act in such a capacity, he (as well as the
body corporate) is guilty of the offence and liable to be proceeded against
and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members,
subsection (2) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.
CHAPTER II
General
17 Public documents

(1) The Treasury may make such regulations as may be made under this Act
or as are necessary to carry this Act into effect and, without prejudice to
the generality of that power, such regulations may provide for any of the
matters specified in Schedule 2.
Section 18 Timeshare Act 1996


Page 16 AT 7 of 1996 c

(2) Before making regulations under this Act, the Treasury shall consult
with such bodies as appear to it to be representative of interests likely to
be affected by the regulations.
(3) Regulations under this Act shall not have effect unless they are approved
by Tynwald.
18 Notice

(1) For the purposes of this Act, a notice of cancellation of an agreement is a
notice (however expressed) showing that the purchaser wishes
unconditionally to cancel the agreement, whether or not it is in a
prescribed form.
(2) For the purposes of this Act, if a purchaser sends a notice by post in a
properly addressed and prepaid letter the notice is to be treated as given
at the time of posting and a certificate of posting shall be conclusive
evidence of posting.
19 Interpretation: timeshare

(1) In this Act, “timeshare accommodation
” means any living
accommodation in a building, in the Island or elsewhere, used or
intended to be used, wholly or partly, for leisure purposes by a class of
persons (referred to in subsection (2) as “timeshare users”) all of whom
have rights to use, or participate in arrangements under which they may
use, that accommodation, or accommodation within a pool of
accommodation to which that accommodation belongs, for a specified
period in each year of not less than one week nor more than one month,
or such other period as may be prescribed.
(2) In this Act, “timeshare rights
” means rights by virtue of which a person
becomes or will become a timeshare user, being rights exercisable during
a period of not less than 3 years or such other period as may be
prescribed, but does not include a person’s rights under such
arrangements or circumstances as may be prescribed.
(3) In this Act “timeshare agreement
” means an agreement under which
timeshare rights are conferred or purport to be conferred on any person.
(4) In this Act, in relation to a timeshare agreement —
(a) references to the purchaser are to the person on whom timeshare
rights are conferred, or purport to be conferred, and
(b) references to the offeror are to the other party to the agreement,
and, in relation to any time before the agreement is entered into,
references in this Act to the purchaser or the offeror are to the persons
who become the purchaser and offeror when it is entered into.
(5) In this Act “timeshare credit agreement
” means an agreement (including
the provisions of a timeshare agreement so far as it relates to the
Timeshare Act 1996 Section 20


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provision of credit, the repayment of the credit and the payment of
interest) —
(a) under which a person (referred to in this Act as the “creditor
”)
provides or agrees to provide credit for or in respect of a person
who is the purchaser under a timeshare agreement, and
(b) when the credit agreement is entered into, the creditor knows or
has reasonable cause to believe that the whole or part of the credit
is to be used for the purpose of financing the purchaser’s entering
into a timeshare agreement.
(6) In this Act, “contract document
” means a document signed by the
purchaser under which he —
(a) enters into or confirms, or purports to enter into or confirm a
timeshare agreement; or
(b) agrees or purports to agree to be bound by any obligation under a
timeshare agreement; or
(c) otherwise acquires, or purports to acquire a timeshare right under
a timeshare agreement,
or offers to do any of those things.
(7) In this Act, “cancellation period
” means the period of 10 clear days
immediately following the date on which the contract document is
signed by the purchaser; and where the contract document consists of
different parts which are signed by the purchaser on different dates, the
date of signature shall be the date on which the document was last
signed by the purchaser.7

(8) The Treasury may by regulations modify subsections (1) to (7).
20 Interpretation: general

(1) In this Act —
“administration charge
” has the meaning given by section 2(2)(c);
“credit
” includes a cash loan and any other form of financial accommodation;
“notice
” means notice in writing;
“stake-holder
” shall be construed in accordance with section 5.
21 General provisions

(1) This Act shall have effect in relation to any timeshare agreement
notwithstanding any agreement or notice.
(2) The rights conferred and duties imposed by this Act are in addition to
any rights conferred or duties imposed by or under any other enactment
or the common law.
Section 22 Timeshare Act 1996


Page 18 AT 7 of 1996 c

22 Short title and commencement

(1) This Act may be cited as the Timeshare Act 1996.
(2) This Act shall come into force on such day as the Treasury may by order
appoint and different days may be so appointed for different provisions
and for different purposes.8

(3) An order under subsection (2) may contain such transitional or saving
provisions as the Treasury may consider appropriate.
Timeshare Act 1996 Schedule 1



c AT 7 of 1996 Page 19

Schedule 1

ENFORCEMENT

Section 13
Enforcement authority
1. (1) The Isle of Man Office of Fair Trading (in this Schedule referred to as
“the Board
”) shall be the enforcement authority for the purposes of this Act.9

Powers of officers of enforcement authority
2. (1) If a duly authorised officer of the Board has reasonable grounds for
suspecting that an offence under this Act (other than an offence under this Schedule)
has been committed, he may —
(a) require a person carrying on or employed in a business to
produce any book or document relating to the business, and take
copies of it or any entry in it; or
(b) require such a person to produce in a visible and legible
documentary form any information so relating which is contained
in a computer, and take copies of it,
for the purposes of ascertaining whether such an offence has been committed.
(2) If such an officer has reasonable grounds for believing that any documents may
be required as evidence in proceedings for such an offence, he may seize and detain
them and shall, if he does so, inform the person from whom they are seized.
(3) The powers of an officer under this paragraph may be exercised by him only at
a reasonable hour and on production (if required) of his credentials.
(4) Nothing in this paragraph requires a person to produce, or authorises the taking
from a person of, a document which he could not be compelled to produce in civil
proceedings before the High Court.
3. (1) A person who —
(a) intentionally obstructs an officer of the Board acting in pursuance
of this Schedule,
(b) without reasonable excuse fails to comply with a requirement
made of him by such an officer under paragraph 2(1), or
(c) without reasonable excuse fails to give an officer of the Board
acting in pursuance of this Schedule any other assistance or
information which the officer has reasonably required of him for
the purpose of the performance of the officer’s functions under
this Schedule,
Schedule 1
Timeshare Act 1996


Page 20 AT 7 of 1996 c

is guilty of an offence.
(2) A person guilty of an offence under sub-paragraph (1) is liable on
summary conviction to a fine not exceeding £5,000.
(3) If a person, in giving information to an officer of the Board who is acting
in pursuance of this Schedule —
(a) makes a statement which he knows is false in a material
particular, or
(b) recklessly makes a statement which is false in a material
particular,
he is guilty of an offence.
(4) A person guilty of an offence under sub-paragraph (3) is liable —
(a) on summary conviction, to a fine not exceeding £5,000, and
(b) on conviction on information, to a fine.
Disclosure of information
4. (1) If a person discloses to another any information obtained in the exercise
of functions under this Schedule he is guilty of an offence unless the disclosure was
made —
(a) in or for the purpose of the performance by him or any other
person of any such function, or
(b) in connection with the investigation of any criminal offence or for
the purposes of any civil or criminal proceedings.
(2) A person guilty of an offence under sub-paragraph (1) is liable —
(a) on summary conviction, to a fine not exceeding £5,000; and
(b) on conviction on information, to a fine.
Privilege against self-incrimination
5. Nothing in this Schedule requires a person to answer any question or give any
information if to do so might incriminate him.

Timeshare Act 1996 Schedule 2



c AT 7 of 1996 Page 21

Schedule 2

MATTERS IN RESPECT OF WHICH REGULATIONS MAY BE MADE

Section 17
1. Anything which, under this Act, is required to be, or may be prescribed.
2. The application of this Act to any timeshare business with such exceptions,
adaptations and modifications as may be specified.
3. The exemption from this Act of any timeshare business or class of timeshare
business.
4. The implementation in the Island of any international agreement relating to the
regulation of timeshare business including the creation of new criminal offences
punishable with imprisonment for periods not exceeding 2 years on conviction on
information or punishable on summary conviction with imprisonment for periods not
exceeding 6 months or with a fine of £5,000.
5. The amendment of —
(a) the cancellation period specified in section 19(7); and
(b) the amounts specified in section 3(4)(a) and (b)(i).
6. In this Schedule, “timeshare business
” means the business of engaging in one
or more of the following activities —
(a) offering or conferring timeshare rights;
(b) acting as a stake-holder;
(c) providing trustee services, management services, administration
services, or other services relating to timeshare rights, timeshare
accommodation or timeshare contracts;
(d) operating, administering or managing timeshare accommodation.
Timeshare Act 1996 Endnotes


c AT 7 of 1996 Page 23

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (d) amended by Foreign Companies Act 2014 Sch. 2
Para (d) amended by Foreign Companies Act 2014 Sch. 3
Cross-heading amended by SD606/12. 4
Section heading amended by SD606/12. 5
Subs (1) amended by SD0606/12. 6
Subs (2) amended by SD0606/12. 7
Subs (7) amended by SD367/97. 8
ADO (whole Act except ss 5(6), 17, Sch 2) 1/12/1997; (ss 5(6), 17, Sch 2) 10/9/1997
(SD366/97). 9
Subpara (1) amended by SD579/98.