Part 4Consumer rights and disputes
Chapter 1Protection from unfair trading
Offences relating to unfair commercial practices
237Offences
(1)
(2)
(3)
(4)
(a)
(b)
the trader knows, or is reckless as to whether, the commercial practice involves a contravention of the requirements of professional diligence.
(5)
For the purposes of subsection (4) a trader who fails to have regard to whether a commercial practice involves a contravention of the requirements of professional diligence is to be treated as being reckless as to whether it does (regardless of whether the trader has reason to believe that it might).
(6)
(7)
(8)
The following are excluded descriptions for the purposes of subsection (7)—
(a)
the description of practice mentioned in paragraph 12 of Schedule 20;
(b)
the descriptions of practices mentioned in paragraph 13 of that Schedule;
(c)
the description of practice mentioned in paragraph 30 of that Schedule.