Consultation on the early implementation of a ban on above cost payment surcharges
Read the full outcome
Detail of outcome
The Consumer Rights (Payment Surcharges) Regulations 2012 implementing the ban on above cost payment surcharges were laid before Parliament on 19 December 2012 and came into force on 6 April 2013.
Original consultation
Consultation description
Proposals to limit payment surcharges
Some businesses add a charge to the price of goods or services when the consumer chooses to pay by a particular method, for example by using a credit card or a debit card. These additional charges are known as payment surcharges.
This consultation set out the government’s proposal for early implementation of a provision of the European Union’s Consumer Rights Directive. This will put in place legislation to ban businesses from imposing excessive payment surcharges on consumers. Businesses will remain able to add a charge only so far as it covers the actual costs of processing any particular form of payment. The consultation sought views on the timing of the implementation of this legislation and how best to define the scope and application of the provision.
The responses to the consultation informed our Guidance on the Consumer Protection (Payment Surcharges) Regulations 2012 for businesses on how to set their fees in compliance with the regulation. Our conclusion was to implement the measure early, except for micro and start up businesses. The regulations (to which the latest impact assessment is attached) are available here. The commencement date was 6 April 2013.
The implementation in the UK of the remaining provisions of the Consumer Rights Directive was subject to a separate consultation on the implementation of the Consumer Rights Directive 2011/83/EU
Documents
Updates to this page
Published 3 September 2012Last updated 26 March 2013 + show all updates
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The new guidance on the Consumer Rights (Payment Surcharges) Regulations 2012 and their requirements has now been added.
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The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013 is currently before Parliament. It adds these regulations to the consumer protection measures that may be enforced by Trading Standards Officers within the framework of Part 8 of the Enterprise Act 2002.
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First published.