Part 4: Consumer rights and disputes Duties of traders Section 258: Reminder notices
This section along with section 259 details requirements for "reminder notices". Reminder notices are written notifications to consumers that a subscription contract is continuing and a renewal payment will fall due unless they act to end the contract. These notifications must contain the information prescribed in Schedule 22, Part 3. The notice is designed to inform the consumer in simple terms of certain important information including the cost and features of the contract that is about to renew and the actions the consumer should take should s/he wish to avoid renewal. The notice can be given alongside other information e.g. marketing material, but the prescribed information set out in section 259 subsection (1) must be more prominent than any other information given to the consumer at the same time.
	Subsection (1) provides that, where a trader enters into a subscription contract with a consumer without a concessionary period, the trader must give the consumer a reminder notice before each renewal payment that relates to the end of a relevant six-month period, as set out in subsection (2). "Renewal payments" are payments which can be avoided by a consumer where they exercise their existing rights under the contract to end the contract (subsection (7)). A payment cannot be "avoided" for the purposes of this section by the use of any early termination clause of the contract that involves the consumer paying a fee, or which involves the consumer breaching the contract.
	Subsection (2) sets out what is considered a relevant six-month period for the purposes of subsection (1). It sets out that the relevant six-month period is considered to be 6 months, which begins on the day after the contract was entered into. Each subsequent six-month period is determined by each six-month period after the day the consumer became liable for a renewal payment in which a reminder notice was required to be sent under subsection (1).
	Subsection (3) provides that, where a trader enters into a subscription with a consumer with a concessionary period, the trader must send the consumer a reminder notice before the first renewal payment the consumer is liable for under the contract, and each subsequent payment that related to the end of a relevant six- month period. A contract is considered to include a concessionary period if it meets the requirements set out in section 254, subsection (3).
	A renewal payment will fall within subsection (5) and therefore trigger a reminder notice where it is the last (or only) renewal payment falling due within a relevant six-month period, or (where the consumer does not become liable for any renewal period during that period) the very first renewal payment after that relevant six-month period. The purpose of this provision is that a reminder notice is not required to be given more frequently than once every six months even if renewal payments fall due more frequently than this.
	Subsection (7) defines a renewal payment as a payment which a consumer could avoid liability for, by exercising their right to bring the contract to an end.
	Subsection (8) provides that the reminder notices requirements are subject to requirements on content, timing and how notices must be given under section 259.
	Subsection (9) provides the Secretary of State with the power to disapply or modify the application reminder notice requirements in sections 258 and 259 in respect of certain traders or contracts types.
	Subsection (10) provides that any regulations made under subsection (9) are subject to the affirmative procedure.