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Consumer Protection from Unfair Trading Regulations 2008 [SI 2008 No. 1277]Introductory TextPart 1 General (regs. 1-2)Regulation 1 Citation and commencementRegulation 2 InterpretationPart 2 Prohibitions (regs. 3-7)Regulation 3 Prohibition of unfair commercial practicesRegulation 4 Prohibition of the promotion of unfair commercial practicesRegulation 5 Misleading actionsRegulation 6 Misleading omissionsRegulation 7 Aggressive commercial practicesPart 3 Offences (regs. 8-18)Regulation 8 Offences relating to unfair commercial practicesRegulation 9Regulation 10Regulation 11Regulation 12Regulation 13 Penalty for offencesRegulation 14 Time limit for prosecutionRegulation 15 Offences committed by bodies of personsRegulation 16 Offence due to the default of another personRegulation 17 Due diligence defenceRegulation 18 Innocent publication of advertisement defencePart 4 Enforcement (regs. 19-27)Regulation 19 Duty and power to enforceRegulation 20 Power to make test purchasesRegulation 21 Power of entry and investigation, etc.Regulation 22 Power to enter premises with a warrantRegulation 23 Obstruction of authorised officersRegulation 24 Notice of test and intended proceedingsRegulation 25 CompensationRegulation 26 Application of Part 8 of Enterprise Act 2002Regulation 27 Evidence as to factual claimsPart 4A Consumers' rights to redress (regs. 27A-27L)Regulation 27A When does a consumer have a right to redress?Regulation 27B What does "prohibited practice" mean in this Part?Regulation 27C What immoveable property is covered by this Part?Regulation 27D What financial services are covered by this Part?Regulation 27E When does the right to unwind apply to a business to consumer contract?Regulation 27F How does the right to unwind work in the case of a business to consumer contract?Regulation 27G How does the right to unwind work in the case of a consumer to business contract?Regulation 27H How does the right to unwind work if payments are demanded which are not due?Regulation 27I How does the right to a discount work?Regulation 27J How does the right to damages work?Regulation 27K How can a consumer enforce the rights to redress?Regulation 27L How does this Part relate to the existing law?Part 5 Supplementary (regs. 27M-30)Regulation 27M Inertia sellingRegulation 28 CrownRegulation 29 Validity of agreementsRegulation 30 Amendments, repeals and transitional and saving provisionsSchedule 1 Commercial practices which are in all circumstances considered unfairSchedule 2 AmendmentsSchedule 2, Part 1 Amendments to Acts (paras. 1-75)Schedule 2, Part 2 Amendments to other legislation (paras. 76-115)Schedule 3 Transitional and Saving ProvisionsSchedule 4 Repeals and RevocationsSchedule 4, Part 1 RepealsSchedule 4, Part 2 RevocationsSignatureExplanatory NoteExplanatory Memorandum
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Version status: Partially revoked | Document consolidation status: Updated to reflect all known changes
Version date: 24 May 2024 - onwards
Version 3 of 3

Regulation 9

A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

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