Part 4: Consumer rights and disputes Cancellation of contracts under this Chapter: further provisions Section 267: Cancellation of subscription contract: further provisions
This section provides a delegated power for the Secretary of State to make provision, by regulations, about the exercise of a consumer’s rights to cancel a subscription contract under Part 4 Chapter 2.
	Subsection (1) details the scope of the delegated power, specifically empowering the Secretary of State to make provision about the exercise of the rights by the consumer and the consequences which may follow the cancellation. Subsection (1) also empowers the Secretary of State to make regulations extending a cooling-off cancellation period to any extent.
	Subsection (2) includes detail that the regulations may require the right to cancel to be exercised before the end of a specified period, and may impose any other conditions or restrictions on the exercise of that right. Subsection (2) also clarifies that the power set out in subsection (1), paragraph (a) can be used to make regulation to provide that a consumer may lose the right to cancel their subscription contract during a cooling off period, particularly if they choose to receive digital content or services under the contract during the cooling-off period.
	Subsection (3) includes further details on what regulations may be made by the Secretary of State. This covers matters such as the extinguishment of the consumer’s liability for previous payments required under the contract, and the resulting right to a refund where such payments have already been made as well as the trader’s right to recover products that have already been supplied under the contract. Subsection (4) provides that regulations made under subsection (1), paragraph (b) can be used to remove or reduce the refund that a consumer is entitled to if they cancel their subscription contract during a cooling period, for example if they have received digital content or services under the contract.
	Subsection (3) also allows for provision to be made setting out the consequences, firstly, where a consumer ends a contract under its terms in circumstances where s/he has one or more rights to cancel the contract under this Chapter, and secondly, where a consumer cancels a contract in circumstances where s/he has more than one cancellation right under this Chapter.
	Subsection (5) requires that the Secretary of State’s power to make regulations setting out consequences of a consumer cancelling a contract when they have more than one cancellation right under Part 4 Chapter 2 (subsection (3), paragraph (e), subparagraph (ii)) must be exercised such that the consumer should be deemed to be exercising the most advantageous right available to them under Chapter 2. This means that the regulations must have the effect that where there is any overlap in such rights, the most advantageous rights must prevail. Specifics on what that could mean may be included in the regulations.
	Subsection (6) imposes a duty on the Secretary of State to consult relevant persons prior to making any regulations under subsection (1), paragraph (c) (provision extending a cooling-off period).
	Subsection (7) specifies that the first regulations made under this section, or any regulations made that include provision within subsection (1), paragraph (c) are subject to the draft affirmative procedure.
	Subsection (8) specifies that regulations which are made under this section but where subsection (7) does not apply are subject to the negative procedure.