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10.—(1) It is unlawful to publish, or to cause to be published, an advertisement which indicates (expressly or impliedly) an intention by any person to discriminate unlawfully.
(2) In this regulation the reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of regulations 4 to 8.
(3) Proceedings in respect of a contravention of this regulation may be brought only—
(a)by the Commission, and
(b)in accordance with section 25 of the 2006 Act.
(4) A person who publishes an advertisement shall not be liable in proceedings under that section in respect of the publication of the advertisement if he proves that—
(a)he published in reliance on a statement, made by a person causing the advertisement to be published, that paragraph (1) would not apply, and
(b)it was reasonable to rely on that statement.
(5) A person who knowingly or recklessly makes a false statement of the kind mentioned in paragraph (4)(a) commits an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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.
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