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This version of this cross heading contains provisions that are prospective.
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There are currently no known outstanding effects for the Digital Markets, Competition and Consumers Act 2024, Cross Heading: Offence of failing to provide information about cooling-off rights.
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Prospective
(1)A trader commits an offence if the trader—
(a)enters into an off-premises subscription contract, and
(b)fails to—
(i)give the consumer the information listed in paragraph 11(a) of Schedule 23 in accordance with section 256(1)(a), or
(ii)give, or make available, the information set out in paragraph 21 of that Schedule in accordance with section 256(1)(b).
(2)Subsections (3) and (4) apply where a trader—
(a)commits an offence under subsection (1), or
(b)would have committed an offence under that subsection but for a defence under section 269,
and the commission of the offence, or of what would have been the offence, is due to the act or omission of another person (“P”).
(3)P commits the offence (whether or not P is a trader).
(4)P may be charged with and convicted of the offence by virtue of subsection (3) whether or not proceedings are taken against the trader.
(5)In this section, an “off-premises subscription contract” means a subscription contract—
(a)entered into in person, in a place which is not the business premises of the trader,
(b)entered into by any means immediately after the consumer was individually and personally addressed by the trader in person in a place which is not the business premises of the trader, or
(c)entered into during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer.
(6)In subsection (5), “business premises”, in relation to a trader, means—
(a)any immovable retail premises where the activity of the trader is carried out on a permanent basis, or
(b)any movable retail premises where the activity of the trader is carried out on a usual basis.
(7)In other provisions of this Chapter, references to an offence under subsection (1) include references to an offence under that subsection by virtue of subsection (3).
Commencement Information
I1S. 268 not in force at Royal Assent, see s. 339(1)
(1)It is a defence for a person (“the defendant”) charged with an offence under section 268(1) to prove—
(a)that the commission of the offence was due to—
(i)the act or omission of another person, or
(ii)reliance on information given by another person, and
(b)that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the defendant or any other person under the defendant’s control.
(2)A defendant is not entitled to rely on the defence provided by subsection (1) without the permission of the court unless—
(a)the defendant has served on the prosecutor a notice in writing giving such information as was then in the defendant’s possession identifying, or assisting in the identification of, the other person, and
(b)the notice is served on the prosecutor at least seven clear days before the hearing of the proceedings or, in Scotland, at least seven clear days before the trial diet.
Commencement Information
I2S. 269 not in force at Royal Assent, see s. 339(1)
(1)If an offence under section 268(1) committed by a body corporate is proved—
(a)to have been committed with the consent or connivance of an officer of the body, or
(b)to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)In subsection (1) a reference to an officer of a body corporate includes a reference to—
(a)a director, manager, secretary or other similar officer;
(b)a person purporting to act as a director, manager, secretary or other similar officer.
(3)If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.
(4)Where an offence under section 268(1) committed by a Scottish partnership is proved—
(a)to have been committed with the consent or connivance of a partner, or
(b)to be attributable to any neglect on the part of a partner,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(5)In subsection (4), a reference to a partner includes a person purporting to act as a partner.
Commencement Information
I3S. 270 not in force at Royal Assent, see s. 339(1)
(1)A person who is guilty of an offence under section 268(1) is liable—
(a)on summary conviction in England Wales, to a fine;
(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(2)It is the duty of every local weights and measures authority in Great Britain to enforce section 268(1) in its area.
(3)It is the duty of the Department for the Economy in Northern Ireland to enforce section 268(1) in Northern Ireland.
(4)No proceedings for an offence under section 268(1) may be instituted in England and Wales except by or on behalf of a local weights and measures authority in Great Britain.
(5)Nothing in subsection (2) authorises any local weights and measures authority in Great Britain to bring proceedings in Scotland for an offence.
Commencement Information
I4S. 271 not in force at Royal Assent, see s. 339(1)
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