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

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 reg 20

reg 20 Defence of due diligence

(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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