- Latest available (Revised)
- Original (As made)
The Financial Services (Distance Marketing) Regulations 2004, Section 22 is up to date with all changes known to be in force on or before 08 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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 [F5CMA], 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
F1Words 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))
F2Words 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))
F3Words 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))
F4Reg. 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)
F5Word 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: