Part III Misleading Price Indications
24 Defences.
1
In any proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of any indication it shall be a defence for that person to show that his acts or omissions were authorised for the purposes of this subsection by regulations made under section 26 below.
2
In proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of an indication published in a book, newspaper, magazine F1or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),it shall be a defence for that person to show that the indication was not contained in an advertisement.
3
In proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of an indication published in an advertisement it shall be a defence for that person to show that—
a
he is a person who carries on a business of publishing or arranging for the publication of advertisements;
b
he received the advertisement for publication in the ordinary course of that business; and
c
at the time of publication he did not know and had no grounds for suspecting that the publication would involve the commission of the offence.
4
In any proceedings against a person for an offence under subsection (1) of section 20 above in respect of any indication, it shall be a defence for that person to show that—
a
the indication did not relate to the availability from him of any goods, services, accommodation or facilities;
b
a price had been recommended to every person from whom the goods, services, accommodation or facilities were indicated as being available;
c
the indication related to that price and was misleading as to that price only by reason of a failure by any person to follow the recommendation; and
d
it was reasonable for the person who gave the indication to assume that the recommendation was for the most part being followed.
5
The provisions of this section are without prejudice to the provisions of section 39 below.
6
In this section—
“advertisement” includes a catalogue, a circular and a price list;
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