(1) A trader commits an offence if the trader -

(a) enters into an off-premises subscription contract, and

(b) fails to -

(i) give the consumer the information listed in paragraph 11(a) of Schedule 23 in accordance with section 256(1)(a), or

(ii) give, or make available, the information set out in paragraph 21 of that Schedule in accordance with section 256(1)(b).

(2) Subsections (3) and (4) apply where a trader -

(a) commits an offence under subsection (1), or

(b) would have committed an offence under that subsection but for a defence under section 269,

and the commission of the offence, or of what would have been the offence, is due to the act or omission of another person ("P").

(3) P commits the offence (whether or not P is a trader).