The Trading Schemes Regulations 1997

Civil consequences of contraventions

11.—(1) Where a participant makes a payment to or for the benefit of a promoter of, or to a participant in, a trading scheme and the acceptance of that payment involves a contravention of these Regulations, that contravention shall be actionable at the suit of the participant who suffers loss as a result of the contravention subject to the defences and other incidents applying to actions for breach of statutory duty.

(2) No undertaking to make any payment given by a participant in a trading scheme involving a contravention of sub-paragraph (d) of paragraph (1) of regulation 4 or regulation 10 shall be enforceable against him in any civil proceedings or recoverable in any other way.

(3) A participant in a trading scheme shall be under no liability to pay for any goods or services as the case may be–

(a) supplied to him in circumstances involving a contravention of regulations 4 to 10; or

(b) unless it was clearly explained to him by a promoter or a participant supplying or seeking to supply goods or services under the trading scheme, before he purchased the goods or services, that he had a free choice whether or not to purchase those goods or services and the purchase price for those goods or services and his annual financial obligation under the agreement was clearly stated.