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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

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Defence of due diligence

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20.—(1) In any proceedings against a person (A) for an offence under regulation 19 it is a defence for A to prove—

(a)that the commission of the offence was due to—

(i)the act or default of another, or

(ii)reliance on information given by another, and

(b)that A took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by A or any person under A’s control.

(2) A person is not entitled to rely on the defence provided by paragraph (1) without leave of the court unless—

(a)that person has served on the prosecutor a notice in writing giving such information as was in that person’s possession identifying or assisting in the identification of the other person; and

(b)the notice is served on the prosecutor not less than 7 days before the hearing of the proceedings or, in Scotland, 7 days before the intermediate diet or 14 days before the trial diet, whichever is earlier.

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