Grievance Officer

Japan Consumer Laws

By

Consumer Contract Act 2000
Japanese Consumer Law is mostly covered under Consumer Contract Act, 2000 which lays down the following objective:

The purpose of this Act is to protect the interests of consumers, and thereby contribute to the stabilization of and the improvement in the general welfare and life of the citizens and to the sound development of the national economy, in consideration of the discrepancy in quality and quantity of information and the negotiating power between consumers and business operators, by permitting a rescission of manifestation of intentions to offer or accept contracts made by consumers when they misunderstood or are distressed by certain acts of business operators, and nullifying any clauses, in part or in whole, that exempt the business operators from their liability for damages or otherwise that unfairly harm the interests of consumers in addition to providing a right to qualified consumer, organization to demand an injunction against business operators, etc. for the purpose of preventing the occurrence of or the spreading of damage to other consumers.

It is arranged in the following order:
Chapter 1 General Provisions (Articles 1 – 3)
Chapter 2 Consumer Contract
Section 1 Rescission of the Manifestation of Intention to Offer or Accept a
Consumer Contract (Articles 4 – 7)
Section 2 Nullity of Consumer Contract Clauses (Articles 8 – 10)
Section 3 Auxiliary Provisions (Article 11)
Chapter 3 Injunction Demand
Section 1 Right to Demand an Injunction (Article 12)
Section 2 Qualified Consumer Organization
Subsection 1 Certification of Qualified Consumer Organizations, etc. (Articles
13 – 22)
Subsection 2 Services Involved in Demand of an Injunction, etc. (Articles 23 –
29)
Subsection 3 Supervision (Articles 30 – 35)
Subsection 4 Auxiliary Provisions (Articles 36 – 40)
Section 3 Special Provisions of Court Proceedings, etc. (Articles 41 – 47)
Chapter 4 Miscellaneous Provisions (Article 48)
Chapter 5 Penal Provisions (Articles 49 – 53)
A PDF copy of the same can be downloaded here.

Qatar: Consumer Protection Law No (8) of 2008

By

Consumer rights in Qatar are protected under the Consumer Protection Law No (8) of 2008.

01 Chapter I – Definitions (1-1)
Article 1
In applying the provisions of this Law, the following words and phrases, the meanings assigned to them, unless the context otherwise requires:

  1. Ministry: The Ministry of Economy and Trade.
  2. Minister: The Minister of Economy and Trade.
  3. Competent Management: the administrative unit competent ministry.
  4. Consumer: everyone who gets a good or service, paid or unpaid, fulfilling the needs or personal needs of others, or are being treated or hired them.
  5. Provider: Both offers the service or make a good or distributed or traded or sold or issued by, or imported by or interfere with the production or circulation, in order to submit it to the consumer or dealing or contracting with them in any way.
  6. Declared: both announce this item service, or promoted by itself or by others using various means of advertising.
  7. Item: Each product industrial, agricultural or animal or transformational, including the initial elements of materials and components included in the product.
  8. Service: all the work provided by any party to the consumer, whether it paid or without pay. Price: The price of the sale or the rent or use.
  9. Drawback: each deficiency in the value of goods and services or utility according to end their intended, leads to deprive the consumer in whole or in part from utilizing them as prepared for it, including shortages which results from an error in the handling of the commodity or stored, and all that unless the consumer cause in hindsight.

02. The second quarter consumer rights (2-4)
Article 2
Basic consumer rights guaranteed under the provisions of this law, and prohibited for any person to conclude any agreement or practice any activity that would prejudice those rights and in particular the following rights: –
1 – the right to health and safety at its normal use of goods and services.
2 – the right to obtain information and correct data about the goods and services purchased or used by or submitted to him.
3 – the right to free choice of goods and services which meet the quality requirements shoddy.
4 – the right to respect for religious values, customs and traditions.
5 – the right to obtain knowledge on the protection of legitimate rights and interests.
6 – the right to participate in associations and private institutions, councils and committees related to its consumer protection.
7 – the right to bring lawsuits for anything that might prejudice or damage to his or her rights or restricted. , and without prejudice to the requirements of international conventions to which it is a party.
Article 3
The consumer has the right to require a fair compensation for the damages suffered by him or his money as a result of the purchase or use of goods or services received, and void any agreement to the contrary.
Article 4
Subject to the provisions of Law No. (12) for the year 2004 on associations and private institutions, associations may be established to protect the consumer aims to:
1 – consumer information and awareness and education.
2 – to contribute to the rationalization of consumption and household spending.
3 – to express the point of view of consumers with relevant official bodies and reporting practices harmful to the interests of the consumer and request its intervention to stop such practices when appropriate.
4 – to contribute to the creation of a relationship of trust and cooperation between consumer and provider and to participate in dialogue and consultation with the concerned authorities.
5 – to defend the interests of the consumer.
6 – Conduct studies and research related to consumer protection and dissemination.
03. The third quarter obligations provider (5-17)
Article 5
Provider is committed to returning merchandise with the response value or replaced or repaired free of charge in the event of the discovery of defective or were not in conformity with the standards prescribed or purpose for which it had been contracted for.
Article 6
Prohibits the sale or display or provide or promote or advertise any goods to be fraudulent or corrupt. The Item fraudulent or corrupt, if they do not conform to the specifications prescribed standard or were unusable or expired validity.
Article 7
Provider is committed to the presentation of any commodity trading that shows on its cover or its packaging, clearly, Item type, nature and components, and all the relevant data, and so on, as determined by the executive regulations of this law.
If the use of the goods shall be risky to draw attention to it apparently. prohibited provider Item Description or advertised or displayed in a manner that contains false or deceptive statements.
Article 8
Provider is committed to the presentation of any commodity traded note the price it is visible or advertised prominently displayed in place of Item. For the consumer the right to get an invoice dated include determining the type of commodity and the price and quantity of any other data determined by the executive regulations of this law.
May be a decision of the competent department to identify some of the goods that enough to advertise prices that allows the provider to the consumer the possibility to know their prices in a clear and specific.
Article 9
Subject to the provisions of Law No. (8) for the year 2002 on the organization of work of commercial agents, all committed to a commercial agent or distributor to implement all the guarantees provided by the product or commodity to replace the principal agency.
If you took the implementation of safeguards set forth in the preceding paragraph, a period exceeding fifteen days, committed to the commercial agent or distributor to provide a similar product to the consumer at no charge used to be the implementation of those safeguards.
Article 10
Subject to the provisions of Law No. (19) of 2006 on the protection of competition and prevent monopolistic practices, may not be the provider that hides any commodity or refrain from selling them with a view to control the market price or to impose purchase certain amounts of them or buy another commodity with or to charge a higher price the price of which has been announced.
Article 11
The provider to determine a clear way data service provided by the advantages and characteristics and prices.
And is committed to ensuring the service carried out during the period of time commensurate with the nature of the service and return the amount paid by the recipient of the service, or performance again properly.
Article 12
Provider is committed to its contracts include a commitment to reform, maintenance or after-sales service and return the item within a certain time of the appearance of the defect.
Article 13
Ensures provider matching the commodity or service provided to the consumer with the approved standards advertised, and is asking for non-compliance with the conditions relating to public health and safety.
Article 14
Committed provider immediately discovered a defect in the product or service would harm the consumer with the use of the product or use the service to inform the competent authority of the ministry, and the consumer, the potential harm and how to prevent them and to withdraw the defective goods from the market immediately and advertise it as determined by the executive regulations of this law.
Article 15
Committed provider in the case of sale of a commodity or service in installments, before contracting to provide the following data to the consumer:
1 – the sale price of the commodity or service in cash 0.2 – the sale price of the commodity or service in installments. 3 – extended by installments possible. 4 – the number of installments for each period and the value of each installment. 5 – total cost of the sale in installments. 6 – Amount Almtaan paid in advance if any.
Article 16
Asks the provider for damage resulting from the use of commodity and consumption, also ask about the lack of spare parts for durable goods during the specified period of time and the failure to provide the guarantees stated or agreed with the consumer, in accordance with the rules prescribed by the Regulations of this law.
If the item is the responsibility of the locally produced product and the seller of solidarity, according to the rule of the previous paragraph.
Article 17
Must be declarations and statements provided for in Articles (7), (8), (11) of this chapter in the Arabic language, and may use
04. The fourth quarter penalties (18-22)
Article 18
Without prejudice to any severer penalty provided by law, shall be punished by imprisonment for a term not exceeding two years and a fine of not less than five thousand riyals and not exceeding fifty thousand riyals, or either of them, every person who violates any of the provisions set forth in the articles of Chapter III of this law.
Exempt declared responsibility when the information is contained in the Declaration of art can not be verified, and the provider may be running out. penalty shall be doubled in case of repetition, and is the defendant, if he committed a similar offense within five years from the date of the end of the implementation of the sentence or terminating the lapse of time . considers all the crimes stipulated in this law, similar to the cases of recidivism. penalty shall be a fine of not less than fifteen thousand riyals and not exceeding one hundred thousand riyals, if not alert the provider to the seriousness of the use of the good or service apparently resulted in the damage.
Article 19
Without prejudice to any more severe penalty provided for by the law, anyone who is acting in any way in the reserved materials stipulated in Article (25) of this law, imprisonment for a period not exceeding two months, or a fine equivalent to the value of the goods that have been reserved by disposition to face illegal.
Article 20
Punishable in charge of the actual management of the legal person offending the same penalty provided for in the two preceding articles if proven aware of the violation and the breach of duties imposed on him by that Department has contributed to their occurrence.
And be a moral person jointly liable for the fulfillment of what governs its fines and compensated if the violation has been committed by one of its employees, or in his name or on his behalf.
Article 21
The court in the case of conviction in one of the crimes stipulated in this law, to spend as well as the prescribed penalty, confiscation or destruction Item infringing materials and tools used in production, and the closure of the shop or the place in which they occurred crime for not less than one month and not exceeding three months , and to publish a summary judgment of conviction at the expense of the convict in two daily.
Article 22
May not bring a criminal action or to take any action for crimes stipulated in this law except with the written permission of the minister or his authorized representative.
The Minister may or whoever reconciliation in any of the crimes stipulated in this law, before moving the criminal case or during its consideration and before the season by virtue of a final, compared to the performance of an amount not less than twice the minimum fine not exceeding twice the maximum. entails reconciliation expiration the criminal case.
05. The provisions of the General Chapter V (23-30)
Article 23
This is without prejudice to the provisions of the law, the terms of reference of the Supreme Council for Information and Communication Technology related to consumer protection in the areas of telecommunications and information technology.
Article 24
Void stipulation in a contract or document, document, or other things that comes to contract with a consumer, if such a clause exempting the provider from any of its obligations set forth in this law.
Article 25
Permissible in the case of strong reasons to believe that there is a violation of the prohibition set out in Article (6) of the Act, set the suspect material, and temporarily impounded at the owner regard and under his responsibility. The five samples taken at least with a view to analyze.
Each sample is placed inside Herz received two of them to the person concerned, and thus frees the record contains all the actions taken.
Without prejudice to the right of the person concerned is in progress on the competent court to release the reserved goods, released by law if there was no court order to support the reservation during the thirty days following the day setting.
Article 26
Determine the executive regulations of this law classes and periods necessary to correct the situation in line with the provisions of this law.
The Minister in the case of non-correct the situation after the expiration of the period specified stop facility for the conduct of their business for a period not exceeding ten days and refer the matter to the Court on the closure of the facility and the disposition of the infringing goods.
Article 27
The employees of the ministry who issued Bndbam decision of the Attorney General in agreement with the minister, the status of law enforcement officers, to adjust and to prove irregularities committed in violation of the provisions of this law.
Article 28
The Minister shall issue the executive regulations of this law and the decisions necessary to implement it, and to be issued these decisions continue to work decisions and regulations currently in place are not in conflict with the provisions of this law.
Article 29
Law No. (2) of 1999 referred to.
Article 30
All competent authorities, each within its own jurisdiction, the implementation of this law. And published in the Official Gazette.

Under the law, a consumer is defined as any person or legal entity who:

  1. Obtains a product or service for personal needs or the needs of others.
  2. Is dealt with or contracted for such product or service.

The scope of protection covers products and services that are free of charge.
A supplier is defined as any person who provides and distributes, trades in, sells exports, imports or is involved in the production or circulation of the goods and services.
Consumer Bill of Rights
The basic rights of consumers are:

  1. The right to health and safety in the ordinary use of products and services.
  2. The right to obtain correct information on products and services.
  3. The right to file suits on any breach or restriction of their consumer rights.

A consumer is entitled to request a fair compensation for any damage to him/herself or property as a result of buying or using the concerned product or service. Accordingly, the supplier is obliged to refund the value of the product or replace or repair it without charge if:

  1. A defect is discovered in the product, or
  2. The product does not meet standard specifications or its purpose.

Misleading and False Advertisement
The Consumer Protection Law prohibits the selling, displaying, offering, promotion and advertisement of any spoilt or stale products – meaning that they have exceeded their validity date or do not conform to prescribed specifications.
Suppliers are also prohibited from describing, advertising or displaying products using false or deceptive information.
Advertisers can be held liable for playing part in the offences unless the information provided by the supplier is too technical to verify.
Information and Labeling
Suppliers are obligated to provide the following information in clear label:

  • The price of the product or service.
  • Type, nature and ingredients of the product.

    • If payment is to be made by installments, the following information must be provided:

  • The price of the product or service.
  • The sale price where payment is to be made by installments.
  • The possible installment periods.
  • The number of installments for each period and the amount owed on each installment.
  • The total cost for the sale by installment and the amount of advance payment required.

    • Consumer Rights Activism
    The Law permits the people of Qatar to set up consumer rights societies and groups. Consumers also have the right to participate in any private society, corporation or council that deals with consumer protection.
    Consumer protection societies may be established with the aim of:

  • Providing consumers with information and promoting awareness.
    Helping to rationalize consumption and family expenditure.
  • Representing consumers to convey their concerns and complaints to relevant authorities.
  • Promoting cooperation and trust between consumers and suppliers and participating in dialogues with relevant authorities.
  • Defending consumers’ interests.
  • Researching and publishing studies related to consumer protection.

    • Penalties
    Suppliers who violate any of the provisions may face imprisonment for up to two years and/or a fine between QR5,000 and 50,000. The penalty may be doubled for repeat offenders.
    source: http://portal.www.gov.qa/

    UK: Consumer Protection Act, 1987 – Part 1

    By

    Part I: Product Liability
    Section 1. Purpose and construction of Part I
    Section 2. Liability for defective products
    Section 3. Meaning of “defect”
    Section 4. Defences
    Section 5. Damage giving rise to liability
    Section 6. Application of certain enactments etc
    Section 7. Prohibition on exclusions from liability
    Section 8. Power to modify Part I
    Section 9. Application of Part I to Crown
    Sec 1: Purpose and construction of Part I
    (1)This Part shall have effect for the purpose of making such provision as is necessary in order to comply with the product liability Directive and shall be construed accordingly.
    (2)In this Part, except in so far as the context otherwise requires—
    “agricultural produce” means any produce of the soil, of stock-farming or of fisheries;
    “dependant” and “relative” have the same meaning as they have in, respectively, the Fatal Accidents Act 1976 and the Damages (Scotland) Act 1976;
    “producer”, in relation to a product, means—
    (a)the person who manufactured it;
    (b)in the case of a substance which has not been manufactured but has been won or abstracted, the person who won or abstracted it;
    (c)in the case of a product which has not been manufactured, won or abstracted but essential characteristics of which are attributable to an industrial or other process having been carried out (for example, in relation to agricultural produce), the person who carried out that process;
    “product” means any goods or electricity and (subject to subsection (3) below) includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise; and
    “the product liability Directive” means the Directive of the Council of the European Communities, dated 25th July 1985, (No. 85/374/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning liability for defective products.
    (3)For the purposes of this Part a person who supplies any product in which products are comprised, whether by virtue of being component parts or raw materials or otherwise, shall not be treated by reason only of his supply of that product as supplying any of the products so comprised.
    Sec 2: Liability for defective products
    (1)Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage.
    (2)This subsection applies to—
    (a)the producer of the product;
    (b)any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;
    (c)any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.
    (3)Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product in question is comprised or to any other person) shall be liable for the damage if—
    (a)the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or not) to whom subsection (2) above applies in relation to the product;
    (b)that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable for the person making the request to identify all those persons; and
    (c)the supplier fails, within a reasonable period after receiving the request, either to comply with the request or to identify the person who supplied the product to him.
    (4)Neither subsection (2) nor subsection (3) above shall apply to a person in respect of any defect in any game or agricultural produce if the only supply of the game or produce by that person to another was at a time when it had not undergone an industrial process.
    (5)Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several.
    (6)This section shall be without prejudice to any liability arising otherwise than by virtue of this Part.
    Sec 3: Meaning of “defect”
    (1)Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes “safety”, in relation to a product, shall include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury.
    (2)In determining for the purposes of subsection (1) above what persons generally are entitled to expect in relation to a product all the circumstances shall be taken into account, including—
    (a)the manner in which, and purposes for which, the product has been marketed, its get-up, the use of any mark in relation to the product and any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product;
    (b)what might reasonably be expected to be done with or in relation to the product; and
    (c)the time when the product was supplied by its producer to another;and nothing in this section shall require a defect to be inferred from the fact alone that the safety of a product which is supplied after that time is greater than the safety of the product in question.
    Sec 4: Defences
    (1)In any civil proceedings by virtue of this Part against any person ( “the person proceeded against”) in respect of a defect in a product it shall be a defence for him to show—
    (a)that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any Community obligation; or
    (b)that the person proceeded against did not at any time supply the product to another; or
    (c)that the following conditions are satisfied, that is to say—
    (i)that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business of that person’s; and
    (ii)that section 2(2) above does not apply to that person or applies to him by virtue only of things done otherwise than with a view to profit; or
    (d)that the defect did not exist in the product at the relevant time; or
    (e)that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control; or
    (f)that the defect—
    (i)constituted a defect in a product ( “the subsequent product”) in which the product in question had been comprised; and
    (ii)was wholly attributable to the design of the subsequent product or to compliance by the producer of the product in question with instructions given by the producer of the subsequent product.
    (2)In this section “the relevant time”, in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed, and in relation to any other product, means—
    (a)if the person proceeded against is a person to whom subsection (2) of section 2 above applies in relation to the product, the time when he supplied the product to another;
    (b)if that subsection does not apply to that person in relation to the product, the time when the product was last supplied by a person to whom that subsection does apply in relation to the product.
    Sec 5: Damage giving rise to liability
    (1)Subject to the following provisions of this section, in this Part “damage” means death or personal injury or any loss of or damage to any property (including land).
    (2)A person shall not be liable under section 2 above in respect of any defect in a product for the loss of or any damage to the product itself or for the loss of or any damage to the whole or any part of any product which has been supplied with the product in question comprised in it.
    (3)A person shall not be liable under section 2 above for any loss of or damage to any property which, at the time it is lost or damaged, is not—
    (a)of a description of property ordinarily intended for private use, occupation or consumption; and
    (b)intended by the person suffering the loss or damage mainly for his own private use, occupation or consumption.
    (4)No damages shall be awarded to any person by virtue of this Part in respect of any loss of or damage to any property if the amount which would fall to be so awarded to that person, apart from this subsection and any liability for interest, does not exceed £275.
    (5)In determining for the purposes of this Part who has suffered any loss of or damage to property and when any such loss or damage occurred, the loss or damage shall be regarded as having occurred at the earliest time at which a person with an interest in the property had knowledge of the material facts about the loss or damage.
    (6)For the purposes of subsection (5) above the material facts about any loss of or damage to any property are such facts about the loss or damage as would lead a reasonable person with an interest in the property to consider the loss or damage sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.
    (7)For the purposes of subsection (5) above a person’s knowledge includes knowledge which he might reasonably have been expected to acquire—
    (a)from facts observable or ascertainable by him; or
    (b)from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable by him only with the help of expert advice unless he has failed to take all reasonable steps to obtain (and, where appropriate, to act on) that advice.
    (8)Subsections (5) to (7) above shall not extend to Scotland.
    Sec 6: Application of certain enactments etc
    (1)Any damage for which a person is liable under section 2 above shall be deemed to have been caused—
    (a)for the purposes of the Fatal Accidents Act 1976, by that person’s wrongful act, neglect or default;
    (b)for the purposes of section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers), by that person’s wrongful act or negligent act or omission;
    (c)for the purposes of section 1 of the Damages (Scotland) Act 1976 (rights of relatives of a deceased), by that person’s act or omission; and
    (d)for the purposes of Part II of the Administration of Justice Act 1982 (damages for personal injuries, etc.—Scotland), by an act or omission giving rise to liability in that person to pay damages.
    (2)Where—
    (a)a person’s death is caused wholly or partly by a defect in a product, or a person dies after suffering damage which has been so caused;
    (b)a request such as mentioned in paragraph (a) of subsection (3) of section 2 above is made to a supplier of the product by that person’s personal representatives or, in the case of a person whose death is caused wholly or partly by the defect, by any dependant or relative of that person; and
    (c)the conditions specified in paragraphs (b) and (c) of that subsection are satisfied in relation to that request,this Part shall have effect for the purposes of the Law Reform (Miscellaneous Provisions) Act 1934, the Fatal Accidents Act 1976 and the Damages (Scotland) Act 1976 as if liability of the supplier to that person under that subsection did not depend on that person having requested the supplier to identify certain persons or on the said conditions having been satisified in relation to a request made by that person.
    (3)Section 1 of the Congenital Disabilities (Civil Liability) Act 1976 shall have effect for the purposes of this Part as if—
    (a)a person were answerable to a child in respect of an occurrence caused wholly or partly by a defect in a product if he is or has been liable under section 2 above in respect of any effect of the occurrence on a parent of the child, or would be so liable if the occurrence caused a parent of the child to suffer damage;
    (b)the provisions of this Part relating to liability under section 2 above applied in relation to liability by virtue of paragraph (a) above under the said section 1; and
    (c)subsection (6) of the said section 1 (exclusion of liability) were omitted.
    (4)Where any damage is caused partly by a defect in a product and partly by the fault of the person suffering the damage, the Law Reform (Contributory Negligence) Act 1945 and section 5 of the Fatal Accidents Act 1976 (contributory negligence) shall have effect as if the defect were the fault of every person liable by virtue of this Part for the damage caused by the defect.
    (5)In subsection (4) above “fault” has the same meaning as in the said Act of 1945.
    (6)Schedule 1 to this Act shall have effect for the purpose of amending the Limitation Act 1980 and the Prescription and Limitation (Scotland) Act 1973 in their application in relation to the bringing of actions by virtue of this Part.
    (7)It is hereby declared that liability by virtue of this Part is to be treated as liability in tort for the purposes of any enactment conferring jurisdiction on any court with respect to any matter.
    (8)Nothing in this Part shall prejudice the operation of section 12 of the Nuclear Installations Act 1965 (rights to compensation for certain breaches of duties confined to rights under that Act).
    Sec 7: Prohibition on exclusions from liability.
    The liability of a person by virtue of this Part to a person who has suffered damage caused wholly or partly by a defect in a product, or to a dependant or relative of such a person, shall not be limited or excluded by any contract term, by any notice or by any other provision.
    Sec 8: Power to modify Part I
    (1)Her Majesty may by Order in Council make such modifications of this Part and of any other enactment (including an enactment contained in the following Parts of this Act, or in an Act passed after this Act) as appear to Her Majesty in Council to be necessary or expedient in consequence of any modification of the product liability Directive which is made at any time after the passing of this Act.
    (2)An Order in Council under subsection (1) above shall not be submitted to Her Majesty in Council unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.
    Sec 9: Application of Part I to Crown
    (1)Subject to subsection (2) below, this Part shall bind the Crown.
    (2)The Crown shall not, as regards the Crown’s liability by virtue of this Part, be bound by this Part further than the Crown is made liable in tort or in reparation under the Crown Proceedings Act 1947, as that Act has effect from time to time.

    UK: Consumer Protection Act, 1987 – Part 2

    By

    Part II: Consumer Safety
    Section: 10. The general safety requirement
    Section: 11. Safety regulations
    Section: 12. Offences against the safety regulations
    Section: 13. Prohibition notices and notices to warn
    Section: 14. Suspension notices
    Section: 15. Appeals against suspension notices
    Section: 16. Forfeiture: England and Wales and Northern Ireland
    Section: 17. Forfeiture: Scotland
    Section: 18. Power to obtain information
    Section: 19. Interpretation of Part II
    Sec 10: The general safety requirement
    Omitted
    Sec 11: Safety regulations
    (1)The Secretary of State may by regulations under this section ( “safety regulations”) make such provision as he considers appropriate … for the purpose of securing—
    (a)that goods to which this section applies are safe;
    (b)that goods to which this section applies which are unsafe, or would be unsafe in the hands of persons of a particular description, are not made available to persons generally or, as the case may be, to persons of that description; and
    (c)that appropriate information is, and inappropriate information is not, provided in relation to goods to which this section applies.
    (2)Without prejudice to the generality of subsection (1) above, safety regulations may contain provision—
    (a)with respect to the composition or contents, design, construction, finish or packing of goods to which this section applies, with respect to standards for such goods and with respect to other matters relating to such goods;
    (b)with respect to the giving, refusal, alteration or cancellation of approvals of such goods, of descriptions of such goods or of standards for such goods;
    (c)with respect to the conditions that may be attached to any approval given under the regulations;
    (d)for requiring such fees as may be determined by or under the regulations to be paid on the giving or alteration of any approval under the regulations and on the making of an application for such an approval or alteration;
    (e)with respect to appeals against refusals, alterations and cancellations of approvals given under the regulations and against the conditions contained in such approvals;
    (f)for requiring goods to which this section applies to be approved under the regulations or to conform to the requirements of the regulations or to descriptions or standards specified in or approved by or under the regulations;
    (g)with respect to the testing or inspection of goods to which this section applies (including provision for determining the standards to be applied in carrying out any test or inspection);
    (h)with respect to the ways of dealing with goods of which some or all do not satisfy a test required by or under the regulations or a standard connected with a procedure so required;
    (i)for requiring a mark, warning or instruction or any other information relating to goods to be put on or to accompany the goods or to be used or provided in some other manner in relation to the goods, and for securing that inappropriate information is not given in relation to goods either by means of misleading marks or otherwise;
    (j)for prohibiting persons from supplying, or from offering to supply, agreeing to supply, exposing for supply or possessing for supply, goods to which this section applies and component parts and raw materials for such goods;
    (k)for requiring information to be given to any such person as may be determined by or under the regulations for the purpose of enabling that person to exercise any function conferred on him by the regulations.
    (3)Without prejudice as aforesaid, safety regulations may contain provision—
    (a)for requiring persons on whom functions are conferred by or under section 27 below to have regard, in exercising their functions so far as relating to any provision of safety regulations, to matters specified in a direction issued by the Secretary of State with respect to that provision;
    (b)for securing that a person shall not be guilty of an offence under section 12 below unless it is shown that the goods in question do not conform to a particular standard;
    (c)for securing that proceedings for such an offence are not brought in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
    (d)for securing that proceedings for such an offence are not brought in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland;
    (e)for enabling a magistrates’ court in England and Wales or Northern Ireland to try an information or, in Northern Ireland, a complaint in respect of such an offence if the information was laid or the complaint made within twelve months from the time when the offence was committed;
    (f)for enabling summary proceedings for such an offence to be brought in Scotland at any time within twelve months from the time when the offence was committed; and
    (g)for determining the persons by whom, and the manner in which, anything required to be done by or under the regulations is to be done.
    (4)Safety regulations shall not provide for any contravention of the regulations to be an offence.
    (5)Where the Secretary of State proposes to make safety regulations it shall be his duty before he makes them—
    (a)to consult such organisations as appear to him to be representative of interests substantially affected by the proposal;
    (b)to consult such other persons as he considers appropriate; and
    (c)in the case of proposed regulations relating to goods suitable for use at work, to consult the Health and Safety Commission in relation to the application of the proposed regulations to Great Britain;but the preceding provisions of this subsection shall not apply in the case of regulations which provide for the regulations to cease to have effect at the end of a period of not more than twelve months beginning with the day on which they come into force and which contain a statement that it appears to the Secretary of State that the need to protect the public requires that the regulations should be made without delay.
    (6)The power to make safety regulations shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
    (a)to make different provision for different cases; and
    (b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
    (7)This section applies to any goods other than—
    (a)growing crops and things comprised in land by virtue of being attached to it;
    (b)water, food, feeding stuff and fertiliser;
    (c)gas which is, is to be or has been supplied by a person authorised to supply it by or under section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers)or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities). under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996];
    (d)controlled drugs and licensed medicinal products.
    Sec 12: Offences against the safety regulations.
    (1)Where safety regulations prohibit a person from supplying or offering or agreeing to supply any goods or from exposing or possessing any goods for supply, that person shall be guilty of an offence if he contravenes the prohibition.
    (2)Where safety regulations require a person who makes or processes any goods in the course of carrying on a business—
    (a)to carry out a particular test or use a particular procedure in connection with the making or processing of the goods with a view to ascertaining whether the goods satisfy any requirements of such regulations; or
    (b)to deal or not to deal in a particular way with a quantity of the goods of which the whole or part does not satisfy such a test or does not satisfy standards connected with such a procedure,that person shall be guilty of an offence if he does not comply with the requirement.
    (3)If a person contravenes a provision of safety regulations which prohibits or requires the provision, by means of a mark or otherwise, of information of a particular kind in relation to goods, he shall be guilty of an offence.
    (4)Where safety regulations require any person to give information to another for the purpose of enabling that other to exercise any function, that person shall be guilty of an offence if—
    (a)he fails without reasonable cause to comply with the requirement; or
    (b)in giving the information which is required of him—
    (i)he makes any statement which he knows is false in a material particular; or
    (ii)he recklessly makes any statement which is false in a material particular.
    (5)A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding sixmonths or to a fine not exceeding level 5 on the standard scale or to both.
    Sec 13: Prohibition notices and notices to warn
    (1)The Secretary of State may—
    (a)serve on any person a notice ( “a prohibition notice”) prohibiting that person, except with the consent of the Secretary of State, from supplying, or from offering to supply, agreeing to supply, exposing for supply or possessing for supply, any relevant goods which the Secretary of State considers are unsafe and which are described in the notice;
    (b)serve on any person a notice ( “a notice to warn”) requiring that person at his own expense to publish, in a form and manner and on occasions specified in the notice, a warning about any relevant goods which the Secretary of State considers are unsafe, which that person supplies or has supplied and which are described in the notice.
    (2)Schedule 2 to this Act shall have effect with respect to prohibition notices and notices to warn; and the Secretary of State may by regulations make provision specifying the manner in which information is to be given to any person under that Schedule.
    (3)A consent given by the Secretary of State for the purposes of a prohibition notice may impose such conditions on the doing of anything for which the consent is required as the Secretary of State considers appropriate.
    (4)A person who contravenes a prohibition notice or a notice to warn shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding [F7three months] or to a fine not exceeding level 5 on the standard scale or to both.
    (5)The power to make regulations under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
    (a)to make different provision for different cases; and
    (b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
    (6)In this section “relevant goods” means—
    (a)in relation to a prohibition notice, any goods to which section 11 above applies; and
    (b)in relation to a notice to warn, any goods to which that section applies or any growing crops or things comprised in land by virtue of being attached to it.
    (7)A notice may not be given under this section in respect of any aspect of the safety of goods, or any risk or category of risk associated with goods, concerning which provision is contained in the General Product Safety Regulations 2005.
    Sec 14: Suspension notices
    (1)Where an enforcement authority has reasonable grounds for suspecting that any safety provision has been contravened in relation to any goods, the authority may serve a notice ( “a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following things without the consent of the authority, that is to say, supplying the goods, offering to supply them, agreeing to supply them or exposing them for supply.
    (2)A suspension notice served by an enforcement authority in respect of any goods shall—
    (a)describe the goods in a manner sufficient to identify them;
    (b)set out the grounds on which the authority suspects that a safety provision has been contravened in relation to the goods; and
    (c)state that, and the manner in which, the person on whom the notice is served may appeal against the notice under section 15 below.
    (3)A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from doing the things mentioned in subsection (1) above in relation to any goods may also require that person to keep the authority informed of the whereabouts throughout that period of any of those goods in which he has an interest.
    (4)Where a suspension notice has been served on any person in respect of any goods, no further such notice shall be served on that person in respect of the same goods unless—
    (a)proceedings against that person for an offence in respect of a contravention in relation to the goods of a safety provision (not being an offence under this section); or
    (b)proceedings for the forfeiture of the goods under section 16 or 17 below,are pending at the end of the period specified in the first-mentioned notice.
    (5)A consent given by an enforcement authority for the purposes of subsection (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
    (6)Any person who contravenes a suspension notice shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding [three months] or to a fine not exceeding level 5 on the standard scale or to both.
    (7)Where an enforcement authority serves a suspension notice in respect of any goods, the authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the service of the notice if—
    (a)there has been no contravention in relation to the goods of any safety provision; and
    (b)the exercise of the power is not attributable to any neglect or default by that person.
    (8)Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
    Sec 15: Appeals against suspension notices
    (1)Any person having an interest in any goods in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.
    (2)An application under this section may be made—
    (a)to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—
    (i)for an offence in respect of a contravention in relation to the goods of any safety provision; or
    (ii)for the forfeiture of the goods under section 16 below;
    (b)where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or
    (c)in Scotland, by summary application to the sheriff.
    (3)On an application under this section to a magistrates’ court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the goods of any safety provision.
    (4)On an application under this section to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order—
    (a)proceedings for an offence in respect of a contravention in relation to the goods of any safety provision; or
    (b)proceedings for the forfeiture of the goods under section 17 below,have not been brought or, having been brought, have been concluded.
    (5)Any person aggrieved by an order made under this section by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
    (a)in England and Wales, to the Crown Court;
    (b)in Northern Ireland, to the county court;
    and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the M15Magistrates’ Courts Act 1980 or Article 146 of the M16Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).
    Sec 16: Forfeiture: England and Wales and Northern Ireland
    (1)An enforcement authority in England and Wales or Northern Ireland may apply under this section for an order for the forfeiture of any goods on the grounds that there has been a contravention in relation to the goods of a safety provision.
    (2)An application under this section may be made—
    (a)where proceedings have been brought in a magistrates’ court for an offence in respect of a contravention in relation to some or all of the goods of any safety provision, to that court;
    (b)where an application with respect to some or all of the goods has been made to a magistrates’ court under section 15 above or section 33 below, to that court; and
    (c)where no application for the forfeiture of the goods has been made under paragraph (a) or (b) above, by way of complaint to a magistrates’ court.
    (3)On an application under this section the court shall make an order for the forfeiture of any goods only if it is satisfied that there has been a contravention in relation to the goods of a safety provision.
    (4)For the avoidance of doubt it is declared that a court may infer for the purposes of this section that there has been a contravention in relation to any goods of a safety provision if it is satisfied that any such provision has been contravened in relation to goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
    (5)Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—
    (a)in England and Wales, to the Crown Court;
    (b)in Northern Ireland, to the county court;and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).
    (6) Subject to subsection (7) below, where any goods are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
    (7) On making an order under this section a magistrates’ court may, if it considers it appropriate to do so, direct that the goods to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—
    (a) does not supply those goods to any person otherwise than as mentioned in section 46(7)(a) or (b) below; and
    (b) complies with any order to pay costs or expenses (including any order under section 35 below) which has been made against that person in the proceedings for the order for forfeiture.
    Sec 17 Forfeiture: Scotland
    (1) In Scotland a sheriff may make an order for forfeiture of any goods in relation to which there has been a contravention of a safety provision—
    (a) on an application by the procurator-fiscal made in the manner specified in section 310 of the M17Criminal Procedure (Scotland) Act 1975; or
    (b) where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.
    (2) The procurator-fiscal making an application under subsection (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the goods to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the goods should not be forfeited.
    (3) Service under subsection (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975.
    (4) Any person upon whom notice is served under subsection (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, goods to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the goods should not be forfeited.
    (5) The sheriff shall not make an order following an application under subsection (1)(a) above—
    (a) if any person on whom notice is served under subsection (2) above does not appear, unless service of the notice on that person is proved; or
    (b) if no notice under subsection (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.
    (6) The sheriff shall make an order under this section only if he is satisfied that there has been a contravention in relation to those goods of a safety provision.
    (7) For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this section that there has been a contravention in relation to any goods of a safety provision if he is satisfied that any such provision has been contravened in relation to any goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
    (8) Where an order for the forfeiture of any goods is made following an application by the procurator-fiscal under subsection (1)(a) above, any person who appeared, or was entitled to appear, to show cause why goods should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; [F10and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this subsection as it applies to a stated case under Part X of that Act].
    (9) An order following an application under subsection (1)(a) above shall not take effect—
    (a) until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or
    (b) if an appeal is made under subsection (8) above within that period, until the appeal is determined or abandoned.
    (10) An order under subsection (1)(b) above shall not take effect—
    (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or
    (b) if an appeal is made within that period, until the appeal is determined or abandoned.
    (11)Subject to subsection (12) below, goods forfeited under this section shall be destroyed in accordance with such directions as the sheriff may give.
    (12)If he thinks fit, the sheriff may direct that the goods be released, to such person as he may specify, on condition that that person does not supply those goods to any other person otherwise than as mentioned in section 46(7)(a) or (b) below.
    Sec 18: Power to obtain information
    (1)If the Secretary of State considers that, for the purpose of deciding whether—
    (a)to make, vary or revoke any safety regulations; or
    (b)to serve, vary or revoke a prohibition notice; or
    (c)to serve or revoke a notice to warn,he requires information which another person is likely to be able to furnish, the Secretary of State may serve on the other person a notice under this section.
    (2)A notice served on any person under this section may require that person—
    (a)to furnish to the Secretary of State, within a period specified in the notice, such information as is so specified;
    (b)to produce such records as are specified in the notice at a time and place so specified and to permit a person appointed by the Secretary of State for the purpose to take copies of the records at that time and place.
    (3)A person shall be guilty of an offence if he—
    (a)fails, without reasonable cause, to comply with a notice served on him under this section; or
    (b)in purporting to comply with a requirement which by virtue of paragraph (a) of subsection (2) above is contained in such a notice—
    (i)furnishes information which he knows is false in a material particular; or
    (ii)recklessly furnishes information which is false in a material particular.
    (4)A person guilty of an offence under subsection (3) above shall—
    (a)in the case of an offence under paragraph (a) of that subsection, be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and
    (b)in the case of an offence under paragraph (b) of that subsection be liable—
    (i)on conviction on indictment, to a fine;
    (ii)on summary conviction, to a fine not exceeding the statutory maximum.
    Sec 19: Interpretation of Part II
    (1)In this Part—
    “controlled drug” means a controlled drug within the meaning of the Misuse of Drugs Act 1971;
    “feeding stuff” and “fertiliser” have the same meanings as in Part IV of the M19Agriculture Act 1970;
    “food” does not include anything containing tobacco but, subject to that, has the same meaning as in the [F11Food Safety Act 1990] or, in relation to Northern Ireland, the same meaning as in the [F12Food Safety (Northern Ireland) Order 1991];
    “licensed medicinal product” means—
    (a)any medicinal product within the meaning of the M20Medicines Act 1968 in respect of which a product licence within the meaning of that Act is for the time being in force; F13…
    (b)any other article or substance in respect of which any such licence is for the time being in force in pursuance of an order under section 104 or 105 of that Act (application of Act to other articles and substances);
    (c)a veterinary medicinal product that has a marketing authorisation under the Veterinary Medicines Regulations 2006.]
    “safe”, in relation to any goods, means such that there is no risk, or no risk apart from one reduced to a minimum, that any of the following will (whether immediately or after a definite or indefinite period) cause the death of, or any personal injury to, any person whatsoever, that is to say—
    (a)the goods;
    (b)the keeping, use or consumption of the goods;
    (c)the assembly of any of the goods which are, or are to be, supplied unassembled;
    (d)any emission or leakage from the goods or, as a result of the keeping, use or consumption of the goods, from anything else; or
    (e)reliance on the accuracy of any measurement, calculation or other reading made by or by means of the goods,
    “unsafe” shall be construed accordingly;
    “tobacco” includes any tobacco product within the meaning of the tobacco Products Duty Act 1979 and any article or substance containing tobacco and intended for oral or nasal use.
    (2)In the definition of “safe” in subsection (1) above, references to the keeping, use or consumption of any goods are references to—
    (a)the keeping, use or consumption of the goods by the persons by whom, and in all or any of the ways or circumstances in which, they might reasonably be expected to be kept, used or consumed; and
    (b)the keeping, use or consumption of the goods either alone or in conjunction with other goods in conjunction with which they might reasonably be expected to be kept, used or consumed.

    UK: Consumer Protection Act, 1987 – Part 3

    By

    Part III Misleading Price Indications
    Section: 20. Offence of giving misleading indication.
    Section: 21. Meaning of “misleading”.
    Section: 22. Application to provision of services and facilities.
    Section: 23. Application to provision of accommodation etc.
    Section: 24. Defences.
    Section: 25. Code of practice.
    Section: 26. Power to make regulations.
    Sec 20: Offence of giving misleading indication.
    (1)Subject to the following provisions of this Part, a person shall be guilty of an offence if, in the course of any business of his, he gives (by any means whatever) to any consumers an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available (whether generally or from particular persons).
    (2)Subject as aforesaid, a person shall be guilty of an offence if—
    (a)in the course of any business of his, he has given an indication to any consumers which, after it was given, has become misleading as mentioned in subsection (1) above; and
    (b)some or all of those consumers might reasonably be expected to rely on the indication at a time after it has become misleading; and
    (c)he fails to take all such steps as are reasonable to prevent those consumers from relying on the indication.
    (3)For the purposes of this section it shall be immaterial—
    (a)whether the person who gives or gave the indication is or was acting on his own behalf or on behalf of another;
    (b)whether or not that person is the person, or included among the persons, from whom the goods, services, accommodation or facilities are available; and
    (c)whether the indication is or has become misleading in relation to all the consumers to whom it is or was given or only in relation to some of them.
    (4)A person guilty of an offence under subsection (1) or (2) above shall be liable—
    (a)on conviction on indictment, to a fine;
    (b)on summary conviction, to a fine not exceeding the statutory maximum.
    (5)No prosecution for an offence under subsection (1) or (2) above shall be brought after whichever is the earlier of the following, that is to say—
    (a)the end of the period of three years beginning with the day on which the offence was committed; and
    (b)the end of the period of one year beginning with the day on which the person bringing the prosecution discovered that the offence had been committed.
    [(5A)A person is not guilty of an offence under subsection (1) or (2) above if, in giving the misleading indication which would otherwise constitute an offence under either of those subsections, he is guilty of an offence under section 397 of the Financial Services and Markets Act 2000 (misleading statements and practices).]
    (6)In this Part—
    “consumer”—
    (a)in relation to any goods, means any person who might wish to be supplied with the goods for his own private use or consumption;
    (b)in relation to any services or facilities, means any person who might wish to be provided with the services or facilities otherwise than for the purposes of any business of his; and
    (c)in relation to any accommodation, means any person who might wish to occupy the accommodation otherwise than for the purposes of any business of his;
    “price”, in relation to any goods, services, accommodation or facilities, means—
    (a)the aggregate of the sums required to be paid by a consumer for or otherwise in respect of the supply of the goods or the provision of the services, accommodation or facilities; or
    (b)except in section 21 below, any method which will be or has been applied for the purpose of determining that aggregate.
    Sec 21: Meaning of “misleading”.
    (1)For the purposes of section 20 above an indication given to any consumers is misleading as to a price if what is conveyed by the indication, or what those consumers might reasonably be expected to infer from the indication or any omission from it, includes any of the following, that is to say—
    (a)that the price is less than in fact it is;
    (b)that the applicability of the price does not depend on facts or circumstances on which its applicability does in fact depend;
    (c)that the price covers matters in respect of which an additional charge is in fact made;
    (d)that a person who in fact has no such expectation—
    (i)expects the price to be increased or reduced (whether or not at a particular time or by a particular amount); or
    (ii)expects the price, or the price as increased or reduced, to be maintained (whether or not for a particular period); or
    (e)that the facts or circumstances by reference to which the consumers might reasonably be expected to judge the validity of any relevant comparison made or implied by the indication are not what in fact they are.
    (2)For the purposes of section 20 above, an indication given to any consumers is misleading as to a method of determining a price if what is conveyed by the indication, or what those consumers might reasonably be expected to infer from the indication or any omission from it, includes any of the following, that is to say—
    (a)that the method is not what in fact it is;
    (b)that the applicability of the method does not depend on facts or circumstances on which its applicability does in fact depend;
    (c)that the method takes into account matters in respect of which an additional charge will in fact be made;
    (d)that a person who in fact has no such expectation—
    (i)expects the method to be altered (whether or not at a particular time or in a particular respect); or
    (ii)expects the method, or that method as altered, to remain unaltered (whether or not for a particular period); or
    (e)that the facts or circumstances by reference to which the consumers might reasonably be expected to judge the validity of any relevant comparison made or implied by the indication are not what in fact they
    (3)For the purposes of subsections (1)(e) and (2)(e) above a comparison is a relevant comparison in relation to a price or method of determining a price if it is made between that price or that method, or any price which has been or may be determined by that method, and—
    (a)any price or value which is stated or implied to be, to have been or to be likely to be attributed or attributable to the goods, services, accommodation or facilities in question or to any other goods, services, accommodation or facilities; or
    (b)any method, or other method, which is stated or implied to be, to have been or to be likely to be applied or applicable for the determination of the price or value of the goods, services, accommodation or facilities in question or of the price or value of any other goods, services, accommodation or facilities.
    Sec 22: Application to provision of services and facilities.
    (1)Subject to the following provisions of this section, references in this Part to services or facilities are references to any services or facilities whatever including, in particular—
    (a)the provision of credit or of banking or insurance services and the provision of facilities incidental to the provision of such services;
    (b)the purchase or sale of foreign currency;
    (c)the supply of electricity;
    (d)the provision of a place, other than on a highway, for the parking of a motor vehicle;
    (e)the making of arrangements for a person to put or keep a caravan on any land other than arrangements by virtue of which that person may occupy the caravan as his only or main residence.
    (2)References in this Part to services shall not include references to services provided to an employer under a contract of employment.
    (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    (4)In relation to a service consisting in the purchase or sale of foreign currency, references in this Part to the method by which the price of the service is determined shall include references to the rate of exchange.
    (5)In this section—
    “caravan” has the same meaning as in the Caravan Sites and Control of Development Act 1960;
    “contract of employment” and “employer” have the same meanings as in the Employment Rights Act 1996];
    “credit” has the same meaning as in the Consumer Credit Act 1974.
    Sec 23: Application to provision of accommodation etc.
    (1)Subject to subsection (2) below, references in this Part to accommodation or facilities being available shall not include references to accommodation or facilities being available to be provided by means of the creation or disposal of an interest in land except where—
    (a)the person who is to create or dispose of the interest will do so in the course of any business of his; and
    (b)the interest to be created or disposed of is a relevant interest in a new dwelling and is to be created or disposed of for the purpose of enabling that dwelling to be occupied as a residence, or one of the residences, of the person acquiring the interest.
    (2)Subsection (1) above shall not prevent the application of any provision of this Part in relation to—
    (a)the supply of any goods as part of the same transaction as any creation or disposal of an interest in land; or
    (b)the provision of any services or facilities for the purposes of, or in connection with, any transaction for the creation or disposal of such an interest.
    (3)In this section—
    “new dwelling” means any building or part of a building in Great Britain which—
    (a)has been constructed or adapted to be occupied as a residence; and
    (b)has not previously been so occupied or has been so occupied only with other premises or as more than one residence,and includes any yard, garden, out-houses or appurtenances which belong to that building or part or are to be enjoyed with it;
    “relevant interest”—
    (a)in relation to a new dwelling in England and Wales, means the freehold estate in the dwelling or a leasehold interest in the dwelling for a term of years absolute of more than twenty-one years, not being a term of which twenty-one years or less remains unexpired;
    (b)in relation to a new dwelling in Scotland, means the [F20ownership]of the land comprising the dwelling, or a leasehold interest in the dwelling where twenty-one years or more remains unexpired.
    Sec 24: Defences.
    (1)In any proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of any indication it shall be a defence for that person to show that his acts or omissions were authorised for the purposes of this subsection by regulations made under section 26 below.
    (2)In proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of an indication published in a book, newspaper, magazine [F21or film or in a programme included in a programme service (within the meaning of the Broadcasting Act 1990),] it shall be a defence for that person to show that the indication was not contained in an advertisement.
    (3)In proceedings against a person for an offence under subsection (1) or (2) of section 20 above in respect of an indication published in an advertisement it shall be a defence for that person to show that—
    (a)he is a person who carries on a business of publishing or arranging for the publication of advertisements;
    (b)he received the advertisement for publication in the ordinary course of that business; and
    (c)at the time of publication he did not know and had no grounds for suspecting that the publication would involve the commission of the offence.
    (4)In any proceedings against a person for an offence under subsection (1) of section 20 above in respect of any indication, it shall be a defence for that person to show that—
    (a)the indication did not relate to the availability from him of any goods, services, accommodation or facilities;
    (b)a price had been recommended to every person from whom the goods, services, accommodation or facilities were indicated as being available;
    (c)the indication related to that price and was misleading as to that price only by reason of a failure by any person to follow the recommendation; and
    (d)it was reasonable for the person who gave the indication to assume that the recommendation was for the most part being followed.
    (5)The provisions of this section are without prejudice to the provisions of section 39 below.
    (6)In this section—
    “advertisement” includes a catalogue, a circular and a price list;
    Sec 25: Code of practice.
    (1)The Secretary of State may, after consulting [F23the Office of Fair Trading] and such other persons as the Secretary of State considers it appropriate to consult, by order approve any code of practice issued (whether by the Secretary of State or another person) for the purpose of—
    (a)giving practical guidance with respect to any of the requirements of section 20 above; and
    (b)promoting what appear to the Secretary of State to be desirable practices as to the circumstances and manner in which any person gives an indication as to the price at which any goods, services, accommodation or facilities are available or indicates any other matter in respect of which any such indication may be misleading.
    (2)A contravention of a code of practice approved under this section shall not of itself give rise to any criminal or civil liability, but in any proceedings against any person for an offence under section 20(1) or (2) above—
    (a)any contravention by that person of such a code may be relied on in relation to any matter for the purpose of establishing that that person committed the offence or of negativing any defence; and
    (b)compliance by that person with such a code may be relied on in relation to any matter for the purpose of showing that the commission of the offence by that person has not been established or that that person has a defence.
    (3)Where the Secretary of State approves a code of practice under this section he may, after such consultation as is mentioned in subsection (1) above, at any time by order—
    (a)approve any modification of the code; or
    (b)withdraw his approval;and references in subsection (2) above to a code of practice approved under this section shall be construed accordingly.
    (4)The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
    Sec 26: Power to make regulations.
    (1)The Secretary of State may, after consulting [F24the Office of Fair Trading] and such other persons as the Secretary of State considers it appropriate to consult, by regulations make provision—
    (a)for the purpose of regulating the circumstances and manner in which any person—
    (i)gives any indication as to the price at which any goods, services, accommodation or facilities will be or are available or have been supplied or provided; or
    (ii)indicates any other matter in respect of which any such indication may be misleading;
    (b)for the purpose of facilitating the enforcement of the provisions of section 20 above or of any regulations made under this section.
    (2)The Secretary of State shall not make regulations by virtue of subsection (1)(a) above except in relation to—
    (a)indications given by persons in the course of business; and
    (b)such indications given otherwise than in the course of business as—
    (i)are given by or on behalf of persons by whom accommodation is provided to others by means of leases or licences; and
    (ii)relate to goods, services or facilities supplied or provided to those others in connection with the provision of the accommodation.
    (3)Without prejudice to the generality of subsection (1) above, regulations under this section may—
    (a)prohibit an indication as to a price from referring to such matters as may be prescribed by the regulations;
    (b)require an indication as to a price or other matter to be accompanied or supplemented by such explanation or such additional information as may be prescribed by the regulations;
    (c)require information or explanations with respect to a price or other matter to be given to an officer of an enforcement authority and to authorise such an officer to require such information or explanations to be given;
    (d)require any information or explanation provided for the purposes of any regulations made by virtue of paragraph (b) or (c) above to be accurate;
    (e)prohibit the inclusion in indications as to a price or other matter of statements that the indications are not to be relied upon;
    (f)provide that expressions used in any indication as to a price or other matter shall be construed in a particular way for the purposes of this Part;
    (g)provide that a contravention of any provision of the regulations shall constitute a criminal offence punishable—
    (i)on conviction on indictment, by a fine;
    (ii)on summary conviction, by a fine not exceeding the statutory maximum;
    (h)apply any provision of this Act which relates to a criminal offence to an offence created by virtue of paragraph (g) above.
    (4)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
    (a)to make different provision for different cases; and
    (b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
    (5)In this section “lease” includes a sub-lease and an agreement for a lease and a statutory tenancy (within the meaning of the M24Landlord and Tenant Act 1985 or the Rent (Scotland) Act 1984).