Consumer Protection Act 2007

49.

Requirement that surcharge (where otherwise permissible) be stated as part of price.

49.— (1) Where it is the practice of a trader to accept payment in respect of a product—

( a) by only one relevant method and to impose a charge on a person for the person’s making payment in respect of the product by that method, or

( b) by different relevant methods and to impose on a person the same charge for the person’s making payment in respect of the product by any of those methods,

the trader shall ensure that any representation made by the trader, or on the trader’s behalf, in relation to the price payable in respect of the product, states clearly that price as a single amount inclusive of the foregoing charge.

(2) For the purposes of subsection (1), it is immaterial that the trader also accepts payment in respect of the product concerned by one or more methods of payment that are not relevant methods of payment and the reference in that subsection to the practice of a trader to accept payment in respect of a product by only one relevant method shall be read accordingly.

(3) A trader who contravenes subsection (1) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(4) In a case falling within paragraph (a) or (b) of subsection (1), nothing in that subsection prevents the inclusion in any representation referred to in that subsection of—

( a) an indication that the single price stated is inclusive of a charge for making payment by the method concerned or, as the case may be, any of the methods concerned, or

( b) an indication of the amount of such charge.

(5) In this section ‘relevant method’, in relation to payment, has the same meaning as it has in section 48 .