CONSUMER PROTECTION ACT (NORTHERN IRELAND) 1965 - SECT 3 Enforcement of section 2.

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CONSUMER PROTECTION ACT (NORTHERN IRELAND) 1965 - SECT 3

Enforcement of section 2.

3.(1) Any obligation imposed by or by virtue of section 2 on any person not to
sell, let or have possession of any goods or component part is a duty which is
owed by him to any other person who may be affected by the contravention of
the requirement in question, and a breach of that duty is actionable (subject
to any defences and other incidents applying to actions for breach of
statutory duty).

[(1A) Any term of an agreement which purports to exclude or restrict, or has
the effect of excluding or restricting, any obligation imposed by or by virtue
of that section, or any liability for breach of such an obligation, shall be
void.]

(2) ... any person who contravenes section 2 shall be guilty of an offence and
liable on summary conviction to a fine not exceeding [one thousand pounds] or
to imprisonment for a term not exceeding three months or to both.

[(3) Where the commission by any person of an offence under this section is
due to the act or default of some other person that other person shall be
guilty of the offence and a person may be charged with and convicted of the
offence by virtue of this subsection whether or not proceedings are taken
against the first-mentioned person.

(4) Where an offence under this section is alleged to have been committed by
reason of a contravention of any requirement imposed under section 1 in
relation to any goods or component part it shall be a defence for any person
charged with the offence (whether by virtue of subsection (2) or (3)) to prove
that he took all reasonable precautions and exercised all due diligence to
avoid the commission of such an offence.]

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Northern Irish Legislation

CONSUMER PROTECTION ACT (NORTHERN IRELAND) 1965 - SECT 3