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Regulation 12 Civil consequences of contraventions

Original text. Later amendments are not shown.

(1)

When a participant makes any payment to or for the benefit of a promoter of, or to another participant in, a selling scheme and the acceptance of that payment involves a contravention of regulations 6, 9, 10 or 11, the participant shall be entitled to recover that payment from the promoter or any of the promoters or where the payment is made to another participant from that participant.

(2)

No undertaking to make any payment given by a participant in a selling scheme involving a contravention of sub-paragraph (d) of paragraph (1) of regulation 6 or regulations 9, 10 or 11 shall be enforceable against him in any civil proceedings.

(3)

A participant in a selling scheme shall be under no liability to pay for goods supplied to him in circumstances involving a contravention of regulations 6, 7 or 8.

(4)

A participant in a selling scheme shall be under no liability to pay for any training facilities unless it was clearly explained to him by a promoter or a participant supplying or seeking to supply goods or services under the selling scheme, before he used the facilities, that he had a free choice whether or not to make use of those facilities and the amount of the charge for those training facilities was clearly stated.