3 Transitional provision.

Where a person is charged with an offence by virtue of subsection (6) of section 120 of the Fair Trading Act 1973, it is a defence for him to prove that—

(a)

the trading scheme to which the charge relates was in operation before the commencement of this Act,

(b)

Part XI of the Fair Trading Act 1973 did not apply to that trading scheme at any time before that commencement, and

(c)

the act constituting the offence was committed without his consent or connivance.