Government advises on subscription contracts under new future legislation 

Government advises on subscription contracts under new future legislation 

The Department for Business, Innovation, Science and Trade has published draft guidance on new subscription contract rules, alongside secondary legislation, which it has laid before the UK Parliament.

The rules take effect from 1 January 2027 and will apply to optical appliances and services supplied via subscription (including contact lenses and spectacles).

They will require businesses to:

• Provide clear information to consumers so they understand the terms before they enter a subscription contract.
• Provide reminder notices at key points – for example, every six months for a rolling weekly or monthly contract.
• Allow consumers to cancel contracts at key points – for example, during a 14-day cooling-off period when entering into a contract.

From the guidance there are exceptions for health care providers but this is specifically not exclude us as purveyors of contact lenses and spectacles but might it allow sight testing clubs and the subscriptions to hearing aids.

3.4 Medical Prescriptions and products
A contract is excluded if it is for the supply of goods, services or digital content that:
• relates to the prevention, diagnosis or treatment of illness, or to a person’s physical or
mental health,
•(a)  is supplied under or in connection with a prescription or directions given by a prescriber, or
involves a medicinal product administered by a prescriber, and
• (b) is not an optical appliance (e.g. a contract for the supply of contact lenses or spectacles is
not covered by the exclusion).9

A contract is also excluded where the supplier is a healthcare professional or a person included in
a relevant health service list and:
•(c)  the supply is made under arrangements that form part of the UK health service; and
• the goods, services or digital content are, at least in some circumstances, provided under
those arrangements free of charge or on prescription.10

Opchat News editor asked FODO how the lines a,b and c can possibly be compatible in our controlled health service sector . 

“I understand how the online purchases of contact lenses direct from a supplier could not be considered “a  prescription or directions given by a prescriber, or
involves a medicinal product administered by a prescriber,” but this surely is the one of many opportunities that contracts solely governed by Optometrists and CLOs are governed, controlled and overseen when a practice creates its own direct debit or standing orders and controls the ordering and supply process?”

This was an opportunity to highlight the difference and dangers of online contact lens ordering with no or little control by the prescriber ”

Bob Hutchinson Editor 

FODO says it is working with sector partners to develop guidance on the new rules