Page:Unsolicited Goods and Services Act 1971 (UKPGA 1971-30 qp).pdf/2

2c. 30 (3) A notice in pursuance of the preceding subsection shall be in writing and shall—
 * (a) state the recipient’s name and address and, if possession of the goods in question may not be taken by the sender at that address, the address at which it may be so taken;
 * (b) contain a statement, however expressed, that the goods are unsolicited,

and may be sent by post.

(4) In this section “sender”, in relation to any goods, includes any person on whose behalf or with whose consent the goods are sent, and any other person claiming through or under the sender or any such person.

2.—(1) A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the commencement of this Act) to another person with a view to his acquiring them, shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding £200.

(2) A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid-
 * (a) threatens to bring any legal proceedings; or
 * (b) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; or
 * (c) invokes or causes to be invoked any other collection procedure or threatens to do so,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.

3.—(1) A person shall not be liable to make any payment, and shall be entitled to recover any payment made by him, by way of charge for including or arranging for the inclusion in a directory of an entry relating to that person or his trade or business, unless there has been signed by him or on his behalf an order complying with this section or a note complying with this section of his agreement to the charge and, in the case of a note of agreement to the charge, before the note was signed, a copy of it was supplied, for retention by him, to him or to a person acting on his behalf.

(2) A person shall be guilty of an offence punishable on summary conviction with a fine not exceeding £400 if, in a case where a payment in respect of a charge would, in the absence of an order or note of agreement to the charge complying with this section, be recoverable from him in accordance with the terms of subsection (1) above, he demands payment, or asserts a present