# The Business Protection from Misleading Marketing Regulations 2008, Regulation 9: Offence due to the default of another person


(1) This regulation applies where a person “X”—
(a) commits an offence under regulation 6, or
(b) would have committed an offence under regulation 6 but for a defence under regulation 11 or 12,
and the commission of the offence, or of what would have been an offence but for X being able to rely on a defence under regulations 11 or 12, is due to the act or default of some other person “Y”.
(2) Where this regulation applies Y shall be guilty of the offence subject to regulations 11 and 12 whether or not Y is a trader and whether or not Y’s act or default is advertising.
(3) Y may be charged with and convicted of the offence by virtue of paragraph (2) whether or not proceedings are taken against X.

---
Source: https://www.legislation.gov.uk/ukdsi/2008/9780110811475/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-business-protection-from-misleading-marketing-regulations-2008/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.