Counter-Inflation Act 1973

17 Offences U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 where an offence under this Act [F4 or the M1 Price Commission Act 1977] committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part 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, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [F4 Where the affairs of a body corporate are managed by its members, the preceding provisions of this subsection shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(8) Nothing contained in or having effect under this Act [F6 or the M2 Price Commission Act 1977], and nothing made illegal by this section, shall give rise to any criminal or tortious liability for conspiracy, or to any other liability in tort . . . F7

(9) Proceedings for an offence under this Act shall not be instituted in England or Wales except by or with the consent of the Attorney General, or in Northern Ireland except by or with the consent of the Attorney General for Northern Ireland [F8 and in any such proceedings it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Ss. 1(1)(2)(5)(6), 2, 5, 6(1)–(6), 9, 10, 15, 17(1)(5), 20(1)(2)(6), 21, 22, 23(3) repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2 and S.I. 1980/497

F2 S. 17(2)–(4) repealed by S.I. 1974/1218, Sch. 1 para. 14

F3 Words repealed by Price Commission Act 1977 (c. 33), Sch. 33

F4 Words inserted by Price Commission Act 1977 (c. 33,), Sch. 2 para. 4(b) (Sch. 2 para. 4(b) is repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2 and by S.I. 1980/497 it is provided that the repeal comes into operation on 1.1.2011)

F5 Ss. 3, 4, 6(7), 11–13, 16, 17(7)(10), 18(1)–(3)(6), 20(3)(8) repealed by Price Commission Act 1977 (c. 33), Sch. 3

F6 Words inserted by Price Commission Act 1977 (c. 33), Sch. 2 para. 4(c) (Sch. 2 para. 4(c) is repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2: in S.I. 1980/497 it is provided that the repeal by Sch. 2 of the 1980 Act so far as relating to s. 17(8) of the Counter Inflation Act 1973 comes into force on 1.1.2011)

F7 Words repealed by Price Commission Act 1977 (c. 33), Sch. 3

F8 Words inserted by Price Commission Act 1977 (c. 33), Sch. 2 para. 4(d) (Sch. 2 para. 4(d) is repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2 and by S.I. 1980/497 it is provided that the repeal comes into operation on 1.1.2011)

Modifications etc. (not altering text)

C1 S. 17(6)(8)(9) repealed (1.1.2011) by Competition Act 1980 (c. 21, SIF 124:1), s. 33(4), Sch. 2 and S.I 1980/497

Marginal Citations

M1 1977 c. 33(99:6).

M2 1977 c. 33(99:6).