http://www.legislation.gov.uk/ukpga/1987/43/section/39Consumer Protection Act 1987An Act to make provision with respect to the liability of persons for damage caused by defective products; to consolidate with amendments the Consumer Safety Act 1978 and the Consumer Safety (Amendment) Act 1986; to make provision with respect to the giving of price indications; to amend Part I of the Health and Safety at Work etc. Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes.1987-05-15texttext/xmlenStatute Law Database2024-10-18Expert Participation2024-10-14 Part V391Subject to the following provisions of this section, in proceedings against any person for an offence to which this section applies it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.2Where in any proceedings against any person for such an offence the defence provided by subsection (1) above involves an allegation that the commission of the offence was due—ato the act or default of another; orbto reliance on information given by another,that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under subsection (3) below on the person bringing the proceedings.3A notice under this subsection shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.4It is hereby declared that a person shall not be entitled to rely on the defence provided by subsection (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—ato the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; andbto whether he had any reason to disbelieve the information.5This section shall apply to an offence under section . . . 12(1), (2) or (3), 13(4), or 14(6) above.S. 39 applied by S.I. 1991/199, reg. 8(2)(b).S. 39 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(c)(d).S. 39 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 2(c) (with Sch. 15 para. 7)S. 39 applied (18.5.1992) by S.I. 1992/737, reg. 9(3)(b)S. 39 applied (20.2.1995) by S.I. 1994/3248, reg. 8(2)(b)S. 39 applied (with modifications) (31.5.1998) by S.I. 1998/1165, reg. 13(2)(b) (which said S.I. was revoked (25.8.2003) by S.I. 2003/1941, reg. 1(2))S. 39 applied (with modifications) (26.4.1999) by S.I. 1999/1053, reg. 16(3)(b)S. 39 applied (with modifications) (8.4.2000) by S.I. 2000/730, reg. 18(1), Sch. 9 para. 1(3)S. 39 applied (25.8.2003) by S.I. 2003/1941, reg. 8, Sch. IV para. 2(b)S. 39 applied (with modifications) (E.W.S) (28.11.2003 for certain purposes and 15.7.2004 for certain further purposes and otherwise prosp.) by Fireworks Act 2003 (c. 22), ss. 11(7), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I 2004/1831, {art. 2}, Sch.Word in s. 39(5) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 2005/1803), reg. 46(6) (with regs. 42, 43)Words in s. 39(5) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1), Sch. 2 para. 35 (with reg. 28(2)(3))S. 39 applied (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640), reg. 1, Sch. 4 para. 1(1)(b) (with reg. 3(5))Pt. V applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)