The Financial Services (Distance Marketing) Regulations 2004

Offences U.K.

22.—(1) A supplier under a distance contract who fails to comply with regulation 7(3) or (4)(a) or regulation 8(2) or (4) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) If an offence under paragraph (1) F1 ... committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or

(b) to be attributable to any neglect on his part,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) If the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

(4) If an offence under paragraph (1) F2 ... committed by a partnership is shown—

(a) to have been committed with the consent or connivance of any partner, or any person who was purporting to act as a partner, or

(b) to be attributable to any neglect on his part,

he as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.

(5) If an offence under paragraph (1), F3 ... committed by an unincorporated association (other than a partnership) is shown—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or any person who was purporting to act in any such capacity, or

(b) to be attributable to any neglect on his part,

he as well as the association is guilty of an offence and liable to be proceeded against and punished accordingly.

(6) Except in Scotland—

(a) the Authority may institute proceedings for an offence under these Regulations which relates to a specified contract;

[F4 (aa) in Great Britain, every local weights and measures authority and, in Northern Ireland, the Department of Enterprise, Trade and Investment may institute proceedings for an offence under these Regulations which relates to a consumer credit contract;]

(b) the [F5 CMA], and—

(i) in Great Britain, every local weights and measures authority,

(ii) in Northern Ireland, the Department of Enterprise, Trade and Investment,

may institute proceedings for any other offence under these Regulations.

Textual Amendments

F1 Words in reg. 22(2) omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 110(3)(a), Sch. 4 Pt. 2 (with reg. 28(2)(3))

F2 Words in reg. 22(4) omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 110(3)(b), Sch. 4 Pt. 2 (with reg. 28(2)(3))

F3 Words in reg. 22(5) omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 110(3)(c), Sch. 4 Pt. 2 (with reg. 28(2)(3))

F4 Reg. 22(6)(aa) inserted (26.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014 (S.I. 2014/208), arts. 1(3)(4), 3(9)(a)

F5 Word in reg. 22(6)(b) substituted (26.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014 (S.I. 2014/208), arts. 1(3)(4), 3(9)(b)