§ [References are to Bill (58) as first printed for the Commons]
§ Clause 1, page 1, line 20, leave out from "he" to end of line 21 and insert "took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence".
§ LORD DERWENTMy Lords, I beg to move that this House cloth agree with the Commons in their Amendment. This Amendment is little more than drafting. What it does is to provide the same defence for a trader who is prosecuted under this Bill as he already has under other consumer protection legislation, such as the Weights and Measures Act and the Trade Descriptions Act. The Amendment simply brings the wording in this Bill into line with other legislation so that the same defence is available. This defence is fully understood by the trade; it is understood by the local authorities; it is understood by the courts—there is already a certain amount of case law in this connection—and it is clearly a most sensible Amendment which improves the Bill. My Lords, I beg to move that this House doth agree with the Commons in their Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Derwent.)
§ On Question, Motion agreed to.