Part IV Seeking Business
Advertising
43 Advertisements to which Part IV applies.
1
This Part applies to any advertisement, published for the purposes of a business carried on by the advertiser, indicating that he is willing—
a
to provide credit, or
b
to enter into an agreement for the bailment or (in Scotland) the hiring of goods by him.
2
An advertisement does not fall within subsection (1) if the advertiser does not carry on—
a
a consumer credit business or consumer hire business, or
b
a business in the course of which he provides credit to individuals secured on land, or
3
An advertisement does not fall within subsection (1)(a) if it indicates—
a
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
that the credit is available only to a body corporate.
F33A
An advertisement does not fall within subsection (1)(a) in so far as it is a communication of an invitation or inducement to engage in investment activity within the meaning of section 21 of the Financial Services and Markets Act 2000, other than an exempt generic communication.
F33B
An “exempt generic communication ” is a communication to which subsection (1) of section 21 of the Financial Services and Markets Act 2000 does not apply, as a result of an order under subsection (5) of that section, because it does not identify a person as providing an investment or as carrying on an activity to which the communication relates.
4
An advertisement does not fall within subsection (1)(b) if it indicates that the advertiser is not willing to enter into a consumer hire agreement.
5
The Secretary of State may by order provide that this Part shall not apply to other advertisements of a description specified in the order.
44 Form and content of advertisements.
1
The Secretary of State shall make regulations as to the form and content of advertisements to which this Part applies, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that, having regard to its subject-matter and the amount of detail included in it, an advertisement conveys a fair and reasonably comprehensive indication of the nature of the credit or hire facilities offered by the advertiser and of their true cost to persons using them.
2
Regulations under subsection (1) may in particular—
a
require specified information to be included in the prescribed manner in advertisements, and other specified material to be excluded;
b
contain requirements to ensure that specified information is clearly brought to the attention of persons to whom advertisements are directed, and that one part of an advertisement is not given insufficient or excessive prominence compared with another.
45 Prohibition of advertisement where goods etc. not sold for cash.
If an advertisement to which this Part applies indicates that the advertiser is willing to provide credit under a restricted-use credit agreement relating to goods or services to be supplied by any person, but at the time when the advertisement is published that person is not holding himself out as prepared to sell the goods or provide the services (as the case may be) for cash, the advertiser commits an offence.
46 False or misleading advertisements.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Advertising infringements.
C1C2C31
Where an advertiser commits an offence against regulations made under section 44 or against section 45 F5. . . or would be taken to commit such an offence but for the defence provided by section 168, a like offence is committed by—
a
the publisher of the advertisement, and
b
any person who, in the course of a business carried on by him, devised the advertisement, or a part of it relevant to the first-mentioned offence, and
c
where the advertiser did not procure the publication of the advertisement, the person who did procure it.
2
In proceedings for an offence under subsection (1)(a) it is a defence for the person charged to prove that—
a
the advertisement was published in the course of a business carried on by him, and
b
he received the advertisement in the course of that business, and did not know and had no reason to suspect that its publication would be an offence under this Part.