# The Community Design Regulations 2005, Regulation 2A: Unjustified threats: actionable threats


(1) Subject to paragraphs (2) to (5), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat.
(2) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of—
(a) making an article for disposal, or
(b) importing an article for disposal.
(3) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in paragraph (2)(a) or (b).
(4) A threat of infringement proceedings is not actionable if the threat—
(a) is made to a person who has done, or intends to do, an act mentioned in paragraph (2)(a) or (b) in relation to an article, and
(b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to that article.
(5) A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.
(6) In regulations 2C and 2D an “actionable threat” means a threat of infringement proceedings that is actionable in accordance with this regulation.

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Source: https://www.legislation.gov.uk/uksi/2005/2339/regulation/2A (the official version)
Page: https://openlegislation.uk/community-design-regulations-2005/regulation-2A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.