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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 16 Offence due to the default of another person

(1) This regulation applies where a person "X" -

(a) commits an offence under regulation 9, 10, 11 or 12, or

(b) would have committed an offence under those regulations but for a defence under regulation 17 or 18,

and the commission of the offence, or of what would have been an offence but for X being able to rely on a defence under regulation 17 or 18, is due to the act or default of some other person "Y".

(2) Where this regulation applies Y is guilty of the offence, subject to regulations 17 and 18, whether or not Y is a trader and whether or not Y's act or default is a commercial practice.

(3) Y may be charged with and convicted of the offence by virtue of paragraph (2) whether or not proceedings are taken against X.