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4. After section 1A of the 1992 Act there is inserted—
1B.—(1) No person shall advertise timeshare rights in the course of a business unless the advertisement indicates the possibility of obtaining the document referred to in section 1A(1) of this Act and where it may be obtained.
(2) A person who contravenes this section is guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, and
(b)on conviction on indictment, to a fine.
(3) In proceedings against a person for an offence under this section it shall be a defence for that person to show that at the time when he advertised the timeshare rights—
(a)he did not know and had no reasonable cause to suspect that he was advertising timeshare rights, or
(b)he had reasonable cause to believe that the advertisement complied with the requirements of subsection (1) above.
(4) This section only applies if—
(a)the timeshare accommodation concerned is, or appears from the advertisement to be, accommodation in a building, or
(b)some or all of the accommodation in the pool of accommodation concerned is, or appears from the advertisement to be, accommodation in a building,
as the case may be.”
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