Statutory Instruments
CONSUMER PROTECTION
Made
29th November 1988
Laid before Parliament
30th November 1988
Coming into force
1st March 1989
Whereas the Secretary of State has, in accordance with sections 25(1) of the Consumer Protection Act 1987(1), consulted the Director General of Fair Trading and such other persons as the Secretary of State considered it appropriate to consult:
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 25 of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
1. This Order may be cited as the Consumer Protection (Code of Practice for Traders on Price Indications) Approval Order 1988 and shall come into force on 1 March 1989.
2. The code of practice, as set out in the Schedule to this Order, issued by the Secretary of State for the purpose of—
(a)giving practical guidance with respect to the requirements of section 20 of the Consumer Protection Act 1987; and
(b)promoting what appear to the Secretary of State to be desirable practices as to the circumstances and manner in which a person gives an indication as to the price at which goods, services, accommodation or facilities are available or indicates any other matter in respect of which any such indication may be misleading—
is hereby approved.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
29th November 1988
(This note is not part of the Order)
Section 25 of the Consumer Protection Act 1987 provides for the approval by the Secretary of State of a code of practice issued for the purpose of giving practical guidance with respect to the requirements of section 20 of the Act (which is concerned with misleading price indications) and promoting desirable practices in relation to the giving of price indications. A contravention of an approved code does not of itself give rise to civil or criminal liability but Section 25 of the Act provides that in proceedings for an offence under section 20(1) or (2) a contravention of a provision in an approved code may be relied on in relation to any matter for the purpose of showing that the person committed the offence or of negativing any defence and compliance with a provision in an approved code may be relied on in relation to any matter for the purpose of showing that the commission of the offence has not been established or that the person concerned has a defence.
This Order approves the code of practice issued by the Secretary of State for the above purposes in the form in which it appears in the Schedule to the Order.