24 Defences.E+W+S
(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 [F1or 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 48(a)
F2Words repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), (3), Sch. 20 para 48(b), Sch. 21
Modifications etc. (not altering text)
C1S. 24(2) applied (18.5.1992) by S.I. 1992/737, reg. 9(3)(a).
S. 24(2) applied (20.2.1995) by S.I. 1994/3248, reg. 8(2)(a)
C2S. 24(3) applied by S.I. 1991/199, reg. 8(2)(a).