Consumer Protection Act 2007

78.

Defence of due diligence.

78.— (1) In proceedings for an offence under this Act, other than an offence under section 65(2) , it is a defence for the accused to prove both of the following:

( a) commission of the offence was due to a mistake or the reliance on information supplied to the accused or to the act or default of another person, an accident or some other cause beyond the accused’s control;

( b) the accused exercised due diligence and took all reasonable precautions to avoid commission of the offence.

(2) If the defence provided by subsection (1) involves the allegation that the commission of the offence was due to reliance on information supplied by another person or to the act or default of another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 working days before the hearing, the accused has served on the prosecutor written notice providing information identifying or assisting in the identification of that other person.

Annotations

Modifications (not altering text):

C22

Section applied with modifications and references construed by Hallmarking Act 1981 (18/1981), s. 6C, as inserted (30.09.2019) by Hallmarking (Amendment) Act 2019 (2/2019), s. 9, S.I. No. 439 of 2019.

Offence relating to supply of multi-metal articles

6C. ...

(3) Sections 78, 80 and 84 of the Act of 2007 shall apply to an offence under this section as they apply to an offence under that Act and, for that purpose, references in those sections to an offence under that Act shall be construed as including references to an offence under this section.

...

C23

Section applied with modifications and references construed (3.12.2018) by European Union (Unjustified Geoblocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018), reg. 5(3), in effect as per reg. 1(2), (3).

Offences

5. ...

(3) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C24

Section applied with modifications and references construed (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015), reg. 4(3), in effect as per reg. 1(2).

Offences

4. ...

(3) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C25

Section applied with modifications and references construed (31.07.2015) by European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015), reg. 18(6).

Consumer information by traders

18. ...

(6) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C26

Application of section extended (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2012), reg. 38(2), in effect as per reg. 1(2).

38. ...

(2) Sections 76 to 78 and sections 80, 83 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C27

Application of section extended (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 11(5), in effect as per reg. 1(2).

11. ...

(5) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and accordingly references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C28

Application of section extended (23.02.2011) by European Union (Protection of Consumers in respect of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts) Regulations 2011 (S.I. No. 73 of 2011), reg. 24(2), in effect as per reg. 1(2).

Offences and penalties

24. ...

(2) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C29

Application of section extended (11.04.2009) by European Communities (Prepacked Products) Regulations 2008 (S.I. No. 566 of 2008), reg. 10(4), in effect as per reg. 1(2).

10. ...

(4) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

...

Editorial Notes:

E61

Previous affecting provision: application of section extended (27.09.2010) by European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010), reg. 19(5); subsequently revoked (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 13(a), in effect as per reg. 1(2).