Consumer Protection and Safety Act

Link to law: http://laws.gov.ag/acts/chapters/cap-97.pdf
Published: 1988

Consumer Protection and Safe9 (CAP. 97 1

CHAPTER 97

THE CONSUMER PROTECTION AND SAFETY ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.

Administration

3. Establishment of Department of Consumer Affairs.
4. Appointment of Director and Staff of the Department.
5. Functions of the Director.
6. Establishment of Consumer Guidance Council.
7 . Appointment of Council members.
8. Tenure of office.
9. Resignation of Council member.

10. Publication of membership of the Council.
1 1. Chairing of Council meetings.
12. Meetings and quorum of Council.
13. Conflict of interest.
14. Authentication of documents.

Consumer Protection

15. Reference to the Council.
16. Reference to the Council with proposals and recom-

mendation to Minister to make Order.
17. Report of Council on reference referred to in section 16.
18. Power of Minister to make Order.
19. Penalty for contravention of Order under Section 18.
20. Offences due to default of other person.
21. Defences in proceedings under section 19.
22. Limitation of effect of Order under section 18.

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2 CAP. 97) Consumer Protection and Safe9

Additional Functions of Director for Protection of Consumers

23. Additional functions of Director.
24. Failure to give satisfactory written assurance.
25. Undertaking of order against defendant in section 23

proceedings..
26. Persons consenting to or conniving at conduct detrimen-

tal to interest of consumers.
27. Undertaking of or Order against accessory in section 26

proceedings.
28. Provisions as to interconnected companies.

Consumer Safe9

29. Definition of "goods".
30. Safety regulations in respect of goods.
31. Offences against safety regulations.
32. Orders and notices to prohibit supply of goods or giving

warning of danger from goods.
33. Power to obtain information.

Enforcement

Definition of premises
Inspectors.
Duty of Inspectors.
Power to make purchases.
Power to enter premises to inspect and seize goods and

documents.
Offences connected to exercise of powers under

section 38.
Notice of test.
Compensation.
Civil liability.

Miscellaneous

43. Service of documents.
44. Publication of information and advice.
45. Limitation of prosecution.

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Consumer Protection and Safeety (CAP. 97 3

46. Offences by companies.
47. Restrictions on disclosure of information.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.

CONSUMER PROTECTION AND SAFETY

AN ACT to provide for the protection and safety of
consumers and for other matters incidental thereto.

(1st November, 1988.) 2311987.

1. This Act may be cited as the Consumer Protec- short title.
tion and Safety Act.

2. (1) In this Act- Interpretation.

" agreement" means any agreement or arrangement,
whether or not it is intended to be legally
enforceable;

"business" includes a professional practice, or any other
undertaking which is carried on for gain or reward
or in the course of which goods or services are sup-
plied otherwise than free of charge;

"commercial activities" means

(a) the production and supply of goods
in Antigua and Barbuda,

(b) the supply of a service in Antigua and
Barbuda,

(c) the exportation of goods from Antigua
and Barbuda;

"conditional sale agreement" means an agreement for
the sale of goods under which the purchase price

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4 CAP. 97) Consumer Protection and Safeety

or part of it is payable by instalments and the pro-
perty in the goods is to remain in the seller,
although the.buyer is to be in possession of the
goods until conditions as to payment of instalments
or otherwise are fulfilled;

"Council" means the Consumer Guidance Council
established by section 5 of this Act;

< 6 consumer" means a person to whom goods or ser-
vices are supplied or sought to be supplied in the
course of a business carried on by a person sup-
plying or seeking to supply them, where that first
named person does not receive or seek to receive
the goods or service in the course of a business
carried on by him;

< < consumer trade practice" means any practice which
is carried on in connection with the supply of goods
to or the supply of services for consumers and which
relates to

( a ) the terms or conditions, whether as
to price or otherwise, on which goods or ser-
vices are supplied or are sought to be supplied
or the manner in which those terms or condi-
tions are communicated to customers;

( 6 ) the promotion by canvassing,
advertising, labelling or marking of goods or
any other manner of promoting the supply of
goods or services;

(c) the way in which goods are packed or
otherwise prepared for the purpose of being
supplied;

(d) methods of salesmanship employed in
dealing with customers; or

(e) methods of demanding or securing
payment for goods or services supplied;

' ' contract of employment" means a contract of service
or apprenticeship whether expressed or implied and
whether oral or in writing;

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Consumer Protection and Safeety (CAP. 97 5

"credit sale agreement" means an agreement for the
sale of goods under which'the purchase price is
payable by five or more instalments;

"Director" means the Director of Consumer Affairs;

"goods" means except in parts IV - VI commodities
that are the subject of trade or commerce including
buildings and other structures, ships and aircraft,
but does not include electricity;

"hire purchase agreement" means an agreement for the
bailment of goods under which the bailee may buy
the goods or under which the property in the goods
will or may pass to the bailee, and where by virtue
of two or more agreements, none of which itself
constitutes a hire-purchase agreement, there is a
bailment of goods and either the bailee may buy
the goods, or the property therein will or may pass
to the bailee, the agreements shall be treated for
the purpose of this Act as a single agreement made
at the time when the last of the agreements was
made;

"notice" means notice in writing;

"notice to warn" has the meaning given in section 32;

' 6 personal injury" includes disease and other impair-
ment of a person's physical or mental condition;

"prohibition notice" has the meaning given in
section 32;

publicised information" in relation to a disclosure means
information which, before the disclosure occurred,
was published, in proceedings mentioned in sec-
tion 33(3)(a) or ( b ) or in a warning mentioned in
section 33(3)(d) of this Act;

"safe" means such as to prevent or adequately to reduce
any risk of death and any risk of personal injury
from the goods in question or from circumstances
in which the goods might be used or kept, and for

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CAP. 97) Consumer Protection and Safeety

the purpose of section 30 of this Act, the Minister
is entitled to consider that goods containing radioac-
tive substances are safe or not safe by reference to
the radiation from the goods and from other sources
and to the consequences of the radiation for users
of the goods and other persons;

"safety regulations" means regulations made by the
Minister under section 30 of this Act.

(2) For the purposes of this Act a person is a consumer
in relation to a person supplying goods or services

(a) whether or not the person supplying the goods
or services has a business in Antigua and Barbuda;

(6) if the goods or services are supplied in accord-
ance with oral or written arrangements made in Antigua
and Barbuda or in accordance with correspondence
posted from or to Antigua and Barbuda, although the
goods and services are supplied wholly or partly out-
side Antigua and Barbuda.

(3) A reference to a person to or for whom goods or
services are supplied includes a reference to a guarantor of
such person and a reference to the terms or conditions on
which goods or services are supplied includes a reference
to the terms or conditions on which a person undertakes to
act as a guarantor, and in this subsection "guarantor" in
relation to a person to or for whom goods or services are
supplied includes a person who undertakes to indemnify the
supplier of goods or services against any loss which he may
incur in respect of the supply of the goods or service to or
for that person.

(4) For the purposes of this Act a person supplies or
seeks to supply goods if in the course of carrying on a business
(whether or not a business of dealing in the goods in ques-
tion) as principal or agent

(a) he sells (otherwise than under a hire-purchase
agreement) hires out or lends goods to another person;

(6) he enters into a hire-purchase agreement, or
a contract for work and materials to furnish goods to
another person;

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Consumer Protection and Safeety (CAP. 97 7

(c) he exchanges goods for any consideration other
than money; or

(d) he gives goods to another person, either as a
prize or otherwise.

(5) For the purposes of this Act, a person who conducts
l c antecedent negotiations" in relation to a hire-purchase,

credit-sale or conditional sale agreement is to be treated as
a person supplying or seeking to supply goods, and in this
paragraph "antecedent negotiations" in relation to such
agreements means any negotiations or agreement with the
hirer or buyer whereby he was induced to make the agree-
ment or which otherwise promoted the transaction to which
the agreement relates.

(6) Goods or services supplied by a person carrying on
a business are supplied in the course of that business if pay-
ment for the supply of the goods or services is made or
(whether by contract, or by virtue of any law or otherwise)
is required to be made.

(7) In this Act, a reference to supply

(a) does not include supply to a person with whom
the goods were insured against damage;

( b ) (except in relation to a notice to warn) does
not include supply which is incidental to the letting or
sale of land;

(6) (except in relation to a prohibition notice) does
not include either supply to a person who carries on
a business of buying goods of the type in question and
repairing and reconditioning them or supply by a sale
of articles as scrap (i.e. for the value of materials included
in the articles and not of the articles themselves);

and a person who supplies goods by hiring them or lending
them does not for the purpose of this Act, supply them by
reason only of anything done in pursuance of the arrange-
ment for the hiring out or loan.

(8) Where a person (the supplier) supplies goods to
another person (the customer) under a hire-purchase, con-
ditional sale, or credit-sale agreement or under an agree-
ment for the hiring of goods (other than a hire-purchase

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8 CAP. 97) Consumer Protection and Safety

agreement) and the supplier carries on the business of finan-
cing the provision of goods for others by means of such
agreements and in the course of that business acquired his
interest in the goods supplied to the customer as a means
of financing the provision of goods for the customer by a
third party, the third party and not the supplier shall be
treated for the purposes of this Act as supplying the goods
to the customer.

(9) In this Act "the supply for services" includes

(a) the undertaking and performance for gain or
reward of engagements (whether professional or other)
for the supply of any matter other than goods; and

( b ) the rendering of services to order, and the pro-
vision of services by making them available to potential
users,

but does not include the rendering of any services under a
contract of employment.

(10) For the purposes of this Act, any two companies
are to be treated as interconnected if one of them is a com-
pany of which the other is a subsidiary or if both of them
are subsidiaries of the same company, and "group of inter-
connected companies" means a group consisting of two or
more companies all of which are interconnected with each
other.

PART I

Administration

Establishment of 3. There is established a Department of Consumer
Department of
Consumer Affairs (in this Act called the Department) with responsibility
AfTairs. for all matters relating to consumer affairs and the protec-

tion of consumers under this Act.

Appointment of 4. (1) There may be appointed a Director of Con-
Dtrector and staff
of the sumer Affairs (in this Act called the Director) who shall be
Dcpartmenl. directly responsible for the administration of the Department

and who shall perform the functions assigned to the Direc-
tor by this Act.

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Consumer Protection and Safeety (CAP. 97 9

(2) The Department shall be provided with such number
of public officers as are required for the proper discharge
of its functions.

(3) Any appointments under subsection (1) or (2) shall,
if the appointment is to be an office in the Public Service,
be made pursuant to the Constitution, but otherwise shall
be made by the Minister.

5. (1) The Director shall from time to time Functions of the
Director.

(a) review and keep under review commercial
activities in Antigua and Barbuda relating to

(i) goods supplied to consumers in Antigua and
Barbuda or goods produced with a view to be-
ing so supplied; or

(ii) services supplied to consumers in Antigua and
Barbuda,

and shall collect information relating to such activities and
to persons who conduct them, with the object of informing
himself of and identifying circumstances relating to prac-
tices which may adversely affect the economic interests of
consumers in Antigua and Barbuda;

(6) receive and collate available evidence of com-
mercial activities involving practices that may adverse-
ly affect the interest of consumers in Antigua and
Barbuda,

and shall where he thinks fit, or where requested by the
Minister, provide information and assistance or make recom-
mendations to the Minister in respect of any matter assign-
ed to the Director under this Act, or in respect to any action
which in the Director's opinion it would be expedient for
the Minister or any other Minister to take in relation to a
matter falling under this Act.

(2) Where evidence relating to a course of conduct by
a person carrying on a business is made available to the
Director, and the conduct is conduct which may be detrimen-
tal to the interests of consumers in Antigua and Barbuda
or unfair to consumers, the Director shall consider the
evidence with a view to determining what action he should
take under this Act.

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10 CAP. 97) Consumer Protection and Safety

Brtablixhment of
Conrumer

6. There is established an advisory council called the
Guidance Consumer Guidance Council (in this Act called the Coun-
Council. cil) for the purpose of performing the functions assigned to

the Council by this Act.

Appointment of
Council
Members.

Tenure of office.

7. The Council shall comprise of the following
( a ) two persons nominated by the Minister in his

discretion, one of whom shall be appointed Chairman,
and the other Vice-Chairman of the Council;

(6) two persons nominated by the Minister from
the prlvate sector, with knowledge of commercial activity
and the mechanics of the production and supply of goods
and services to consumers in Antigua and Barbuda;

(6) three persons nominated by the Minister and
qualified to advise on matters mentioned in paragraph
(6) by virtue of their knowledge, experience or interest
in organizations established for the protection of con-
sumers, one of whom shall have knowledge in the
enforcement of the law relating to Weights and
Measures;

(d) two ex-officio members, one being the Direc-
tor of Consumer Affairs who shall also be the Secretary
of the Council, and the other being the Director of the
Bureau of Standards.

8. (1) The Minister shall appoint members nominated
to the Council by instrument in writing for a period not
exceeding two years and a member so appointed is eligible
for re-appointment on the expiration of his term of office.

(2) The Minister may at any time revoke the appoint-
ment of the Chairman or any other nominated member of
the Council.

Resignation of
Council member.

9. A nominated member of the Council may resign
his office at any time by letter addressed to the Minister,
and conveyed to the Chairman, and such resignation takes
effect from the date the letter is received by the Minister.

Publication of
mernbcrshi of

10. The names of the members of the Council shall
the counci~. be published in the Gazette, and any subsequent change in

the members of the Council shall be similarly gazetted.

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Consumer Protection and Safety (CAP. 97 11

1 . Where the Chairman is absent or unable to act, Chairing of
Council

the Vice-Chairman shall preside at Council meetings, and
where both the Chairman and Vice-Chairman are absent
or unable to act, the members of the Council present at a
meeting shall elect one of their members to preside.

12. (1) The Council shall meet once every quarter Meetings and
quorum of and at such other times as are necessary or expedient for council.

transacting the business of the Council.

(2) The quorum at meetings is five and decisions of
the Council shall be taken by a majority of votes.

13. (1) A member of the Council whose interest may conflict of
Interest.

directly or indirectly be affected by a decision of the Council
on any matter, shall disclose the nature of his interest at
the first meeting of the Council at which he is present after
the relevant facts have come to his knowledge.

(2) A disclosure under subsection (1) shall be recorded
in the minutes of the meeting of the Council, and after the
disclosure the member concerned may not vote on the mat-
ter, and unless otherwise directed by the Council, shall not
be present at any meeting when the matter is being decided.

14. All documents made by and all decisions of the :,":,h1~",$:!~~~
Council shall be authenticated by the Chairman or the
Secretary of the Council.

PART I1

Consumer Protection

15. (1) Subject to subsection (2) the Minister or the ~~~~~~~ to the
Director may refer to the Council the question whether a
consumer trade practice specified in the reference adversely
affects the economic interests of consumers in Antigua and
Barbuda, and the Minister shall, where he makes a reference
to the Council, transmit a copy of the reference to the
Director.

(2) No reference under subsection (1) shall be made to
the CoLncil where the consumer trade Dr'actice in cluestion
is carried on in connection only with the supply of goods
or services listed in the First Schedule. First Schedule.

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12 CAP. 97) Consumer Protection and Safety

(3) The Council may request the Director to assist the
Council in carrying out an investigation on a reference made
to them under this section, and where such a request is made
the Director shall give to the Council

(a) any information in his possession relating to
matters falling within the scope of the investigation; and

(6 ) such other assistance as the Council may require
and which is within the power of the Director to give
in relation to the investigation.

(4) The Council shall consider the question raised in
a reference made under this section and shall in every case

( a ) prepare a report on the question; and

(b) submit a copy of the report to the Minister and
the Director.

Reference to the
Council with

16. (1) Where it appears to the Director that a con-
proposals and sumer trade practice has or is likely to have the effect
recommendations
to Minister to (a) with respect to a consumer's rights, of
make Order. misleading the consumer, or withholding from him ade-

quate record of his rights and obligations under a con-
sumer transaction;

(b ) with respect to any matter connected with a con-
sumer transaction, of misleading or confusing the
consumer;

(c) of subjecting consumers to undue pressure to
enter consumer transactions;

(4 of causing the terms or conditions on which con-
sumers enter into consumer transactions to be so adverse
to them as to be onerous,

the Director may make a reference to the Council under sec-
tion 15 and in addition may, if he thinks fit, include with
the reference such proposals as he considers requisite for the
purpose of preventing the continuance of the particular trade
practice, together with a recommendation that the Minister
makes an Order in respect of the consumer trade practice,
or in respect of any class or classes of consumer transac-
tions, containing any of the proposals outlined by the Director

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Consumer Protection and Safety (CAP. 97 13

in the reference, or containing any of the requirements or
prohibitions specified in the Second Schedule. Second Schedule.

( 2 ) In formulating proposals to be included by virtue
of subsection ( 1 ) in a reference, the Director shall have regard
to the manner in which and the class or classes of consumer
transactions in relation to which the consumer trade prac-
tice may adversely affect the economic interests of consumers
in Antigua and Barbuda.

(3) Where a reference is made by virtue of this section
the Director shall

(a ) state in the reference which of the effects men-
tioned in subsection ( 1 ) he thinks the consumer trade
practice has or is likely to have; and

(b ) arrange to have the reference published in full
in the Gazette, so however that no information respec-
ting the identity of a person carrying on the trade prac-
tice may be published.

17. ( 1 ) In its report on a reference referred to in sec- ~~~~~~n
tion 16, the Council shall address the question reference referred

to in section 16.
(a) whether the consumer trade practice in the

reference adverselv affects the economic interests of con-
sumers in Antigua and Barbuda; and

( b ) whether it does so by reason in whole or in part
that it has or is likely to have any of the effects specified
in section 16(1).

( 2 ) Where the answer to subsection ( l ) ( a ) is in the
affirmative by virtue of the reason specified in subsection
( l ) ( b ) the Council shall state

(a) whether it agrees with the proposals included
in the reference; or

(b ) would agree with the proposals included in the
reference if they were modified in a manner specified
in the report.

( 3 ) The Council shall make its report on a reference
referred to in section 16 to the Minister and shall set out
in the report the complete reference.

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14 CAP. 97) Consumer Protection and Safeety

Power of
Minister to make

18. ( 1 ) Where the Council states in its report that
Order. it agrees with the proposals set out in a reference, the Minister

may if he thinks fit, by Order, make such provision as is
in his opinion appropriate for giving effect to the proposals.

(2) Where the Council states in its report that it would
agree with the proposals set out in a reference if they were
modified in a manner specified in the report, the Minister
may if he thinks fit, by Order, make in his discretion such
provision as is in his opinion appropriate for giving effect
either to the proposals as set out in the reference or to the
proposals as modified in the manner specified in the report.

(3) The Minister may include in an Order made under
this section, any requirement or prohibition specified in the

Second Schedule. Second Schedule, or such supplementary or incidential pro-
vision as he considers appropriate in the circumstances.

(4) An Order made under this section, or an Order
varying or revoking such an Order shall be subject to negative
resolution of the Legislature.

Penalty for 19. A person who fails to comply with a requirement
contravention of
Order under or contravenes a prohibition imposed by an Order under
section 18. section 18 is liable

( a ) on summary conviction to a fine of ten thou-
sand dollars and to imprisonment for twelve months;

(b) on conviction on indictment to a fine of twenty-
five thousand dollars and to imprisonment for five years.

Offences due to 20. Where a person commits an offence under sec-
default of other
person. tion 17 due to the act or default of some other person, that

other person is guilty of the offence and may be charged
with and convicted of the offence by virtue of this section
whether or not proceedings are taken against the first nam-
ed person.

Defences in
proceedings 2 1. ( 1 ) In proceedings for an offence under section
under section 19. 19 it is a defence for a person charged to prove

( a ) that he committed the offence due to a mistake,
to an accident, to reliance on information supplied to

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Consumer Protection and Safeety (CAP. 97 15

him, to the act or default of another person or to some
other cause beyond his control; and

( 6 ) that he took all reasonable precautions and
exercised all due deligence to avoid the commission of
the offence by himself or any person under his control.

(2) Where a person alleges as his defence that he com-
mitted an offence under section 19 due to the act or default
of another person or to reliance on information supplied by
another person, the person charged may not, without the
leave of the court, rely on the defence unless within a period
ending seven clear days before the hearing he serves on the
prosecutor a notice in writing, giving such information
identifying or assisting in the identification of that other per-
son as is then in his possession.

(3) Where an offence under section 19 consists of the
publication of an advertisement, it is a defence for the per-
son charged to prove that he is a person whose business it
is to publish or arrange for the publication of advertisements,
and that he received the advertisement for publication in
the ordinary course of business and although he exercised
all due diligence to avoid the commission of the offence, he
did not know and had no reason to suspect that its publica-
tion would amount to an offence under section 19.

22. A contract for the supply of goods or services is ~ ~ ~ : " ~ ~ ~ r ~ f e r
not void or unenforceable by reason only of an Order made under section 18.
under section 18, and subject to section 23 of the Interpreta- Cap. 224.
tion Act (which relates to offences under two or more laws)
this Part does not

(a) confer a right of action in court proceedings
(other than proceedings for the recovery of a fine) in
respect of the contravention of such an Order;

(6) affect a restriction imposed by or under any
other law; or

(c) derogate from any right of action or other
remedy (whether civil or criminal) in proceedings in-
stituted otherwise than under this Part.

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16 CAP. 97) Consumer Protection and Safety

PART 111

Additional Functions of Director for
Protection of Consumers

Additional
functions of

23. (1) Where it appears that a person carrying on
Director. a business has in the course of that business persisted in a

course of conduct which

(a) is detrimental to the interests of consumers in
Antigua and Barbuda, whether those interests are
economic interests or interests in respect of health, safety
or other matters; and

(6) is unfair to customers

the Director shall endeavour by communication or other-
wise with that person to obtain from him a satisfactory writ-
ten assurance that he will refrain from continuing the course
of conduct and from carrying on any similar course of con-
duct in the course of the business.

(2) For the purpose of subsection ( l ) ( b ) a course of con-
duct is unfair to consumers if

(a) it consists of contraventions of one or more laws
imposing duties, pro

hi

bitions or restrictions enforceable
by criminal proceedings, whether or not the duty, pro-
hibition or restriction is imposed in relation to consumers
as such and whether or not the person carrying on the
business has been convicted of an offence; or

(b) it consists of things done or omitted to be done
in the course of a business in breach of contract or in
breach of a duty (other than a contractual duty) owed
to any person by virtue of any law or rule of law and
enforceable by civil proceedings, whether or not in such
a case civil proceedings in respect of the breach have
been brought.

(3) For the purpose of deciding whether it appears that
a person has persisted in a course of conduct as mentioned
in subsection (I), the Director shall have regard to

(a) complaints received by him, whether from con-
sumers or from other persons; or

(b) other information collected by or furnished to
him whether by virtue of this Act or otherwise.

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Consumer Protection and Safety (CAP. 97 17

24. Where under section 23(1) the Director : ~ ~ t ~ ; i v e
endeavours to obtain a written assurance from a person con- written
ducting a business and the person assurance.

(a) fails to give the Director a satisfactory written
assurance; or

(b) gives an assurance but fails to observe it

the Director may bring proceedings in a magistrate's court
against the person who is liable on conviction to a fine of
ten thousand dollars and to imprisonment for three months.

25. (1) Where in proceedings before a magistrate's Undertaking Or r against of
court under section 24, the court finds that the defendant defendant in
in the course of a business carried on by him, has persisted s. 23
in a course of conduct as mentioned in section 23(1) and

(a) the defendant gives an undertaking

(i) to refrain from continuing that course of con-
duct and to refrain from carrying on any
similar course of conduct in the course of his
business; or

(ii) to take particular steps which in the opinion
of the court, would suffice to prevent the con-
tinuance of the course of conduct and to pre-
vent the carrying on by the defendant of any
similar course of conduct in the course of his
business,

the court may if it thinks fit accept the undertaking and repri-
mand and discharge the defendant; instead of making an
order under section 24;

(b) the defendant does not give an undertaking as
mentioned in paragraph (a) which is accepted by the
court, and it appears to the Court that unless an order
is made against the defendant he is likely to continue
that course of conduct or carry on a similar course of
conduct, the court may make an order under this sec-
tion against the defendant.

(2) The Court shall in making an Order under this
section indicate the nature of the conduct to which its findings
relate and shall direct the defendant

LAWS OF ANTIGUA AND BARBUDA

Persons
consenting to or
conniving at
conduct
detrimental to
interest of
consumers.

CAP. 97) Consumer Protection and Safeety

(a) to refrain from continuing that course of con-
duct; and

(b) to refrain from carrying on any similar course
of conduct in the course of his business.

(3) A person who

(a) violates an undertaking given to the Court
under subsection (l)(a) is liable on summary convic-
tion to a fine of twenty thousand dollars and to imprison-
ment for one year; or

(6) fails to comply with an order under subsection
(2) is liable on summary conviction to a fine of twenty-
five hundred dollars for every day on which the offence
continues.

26. (1) This section applies where the Director has
reasonable grounds for believing that a company has in the
course of its business persisted in a course of conduct as men-
tioned in section 23(1) with the consent or the connivance
of a person (in this part referred to as the "accessory") who
in relation to the company

(a) was at the time a director, manager, secretary
or other similar officer of the company, or a person pur-
porting to act in such capacity; or

( b ) had at the time a controlling interest in the
company.

(2) In a case to which this section applies the Director
shall endeavour by communication or otherwise with the
accessory to obtain from him a satisfactory written assurance
that he will refrain

(a) from continuing to consent to or connive at the
course of conduct in question;

(6) from carrying on a similar course of conduct
in the course of any business which may at any time
be carried on by him; and

(c) from consenting to or conniving at the carry-
ing on of any such course of conduct by any other com-
pany with which he has the relationship described in
subsection (1).

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safety (CAP. 97 19

(3) Where the accessory

(a) fails to give to the Director a written assurance
as mentioned in subsection (2); or

(6 ) gives an assurance as mentioned in subsection
(2), and it appears to the Director that he has failed
to observe it

the Director may bring proceedings in a magistrate's court
against the accessory who is liable on conviction to a fine
of ten thousand dollars and imprisonment for three months.

(4) The Director may bring proceedings in a
magistrate's court against an accessory although proceedings
are not commenced under section 24 against the company
referred to in subsection ( I ) .

(5) For the purpose of this section, a person has a con-
trolling interest in a company if that person can directly or
indirectly determine the manner in which one-half of the
votes which could be cast at a general meeting of the com-
pany are to be cast, in matters and in circumstances which
do not bring into play special voting rights or restrictions
on voting rights.

27. (1) Where in proceedings under section 26 the Undertaking of
or Order against

Court finds that an accessory has consented to or connived an ,cce,,ory in
at the carrying on by a company of a course of conduct as s; 26

proceedings. mentioned in section 23(1) and

(a) the accessory gives an undertaking

(i) to refrain from acting in a manner described
in section 26(2); or

(ii) to take particular steps which in the Court's
opinion would suffice to prevent him from
acting in that manner

the Court may if it thinks fit accept the under-
taking, and reprimand and discharge the
accessory;

( b ) the accessory does not give an undertaking as
mentioned in paragraph (a) which is accepted by the
Court, and it appears to the Court that unless an Order
is made against the accessory he is likely to persist in

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 97) Consumer Protection and Safe9

the same or similar conduct the Court may make an
Order under this section against the accessory.

( 2 ) The Court shall in making an Order under this sec-
tion, indicate the nature of the conduct to which its finding
relates and shall direct the accessory to refrain from consen-
ting to or conniving at the course of conduct mentioned in
section 23(1) .

( 3 ) An accessory who

( a ) violates an undertaking given to the Court
under subsection ( l ) ( a ) is liable on summary conviction
to a fine of twenty thousand dollars and to imprison-
ment for one year; or

( b ) fails to comply with an order of the Court under
subsection ( 2 ) is liable on summary conviction to a fine
of twenty-five hundred dollars for every day on which
the offence continues.

Provisions as to
interconnected

28. ( 1 ) Where an Order under section 2 5 ( 2 ) or sec-
companies. tion 27(2) is made against a company which is a member

of a group of interconnected companies, the Court in mak-
ing the Order may direct that it is binding on all members
of the group as if each of them were the company against
which the order is made.

( 2 ) Where an Order under section 25(2) or 27(2) is
made against a company and while the order is in force the
company becomes a member of a group of interconnected
companies or, a group of interconnected companies of which
it is a member is increased by the addition of other members,
the Court may direct that the order is thereafter binding on
each member of the group as if each were the company
against which the order was made.

( 3 ) The Court may exercise its power under subsec-
tion ( 2 ) whether or not the company against which the
original order is made was at the time the order was made
a member of a group of interconnected companies, and if
it were a member, whether or not the Court had made a
direction at the time of the original order.

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safe9 (CAP. 97 2 1

Consumer Safe9

29. In this Part and in Parts V and VI "goods7' in- q;ftj:- of
cludes natural and manufactured substances whether or not
they are incorporated in or mixed with other goods, and in
relation to a notice to warn, includes things comprised in
land which by operation of law become land by virtue of
being so comprised, but does not include "food" or "drugs"
within the meaning of the Public Health Act, or "controlled Cap. 353.
drugs" within the meaning of the Misuse of Drugs Act. Cap. 283.

30. (1) The Minister may make regulations (in this Safety regulations
in respect of

Act referred to as "safety regulations") containing such pro- goods.
visions as the Minister considers appropriate for the pur-
pose of ensuring that goods are safe or that appropriate
information is provided and inappropriate information is not
provided in respect of goods, and in particular may make
regulations

(a) with respect to the composition, content, design,
construction, finish or packing of goods or with respect
to other matters relating to goods;

(b) requiring goods to conform to a particular stan-
dard or to be approved or to be of the kind approved
by a particular person;

(c) requiring information that goods conform to a
standard, are approved, or are of the kind approved
by a particular person to be given, and determining the
manner in which such information is to be given;

(4 with respect to standards for goods which may
be standards set out in the regulations or standards or
parts of standards particulars of which have been
prescribed in Antigua and Barbuda or elsewhere;

(e) with respect to the Minister approving from
time to time and for any purpose of the regulations stan-
dards or parts of standards which have been prescribed
in Antigua and Barbuda or elsewhere;

V) with respect to the giving, refusal, alteration and
revocation of approval for goods or kinds of goods, with
respect to conditions and alteration of conditions attached

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 97) Consumer Protection and Safe&

to the fees which may be charged for such approval,
and with respect to appeals against refusal, alterations,
revocation, conditions of and alteration of conditions
of such approval;

Cp.) with respect to testing or inspecting goods, for
determining the manner in which tests or inspections
required by the Regulations are to be carried out, and
determining the standards to be observed in carrying
out such tests or inspections;

(h ) specifying the manner of dealing with goods
where some or all do not satisfy a test prescribed by
the Regulations, or a standard connected with a
procedure;

(z) requiring warnings or instructions or other
information relating to goods to be marked on or ac-
company the goods or to be given in some other man-
ner connected with the goods and for ensuring that in-
appropriate information is not given in respect of goods
either by means of misleading marks or otherwise;

@ prohibiting persons from supplying, offering or
agreeing to supply, or exposing or possessing for supply
goods which are designed to be used as component parts
of other goods and which if so used would cause the
other goods to contravene the requirements of the
Regulations.

(2) Safety regulations may

(a) contain provisions requiring persons on whom
a duty is imposed by section 36 to have regard in per-
forming the duty so far as it relates to a safety regula-
tion, to any matter specified in a direction issued by
the Minister in relation to that safety regulation;

( 6 ) contain provisions for securing that a person
is not guilty of an offence under section 31(1) unless
it is provided that the goods in question do not con-
form to a particular standard;

(6 ) contain provisions for securing that proceedings
for an offence under section 31(1) are not begun except
by or with the consent of the Director of Public
Prosecutions;

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 2 3

(a') contain provisions enabling summary pro-
ceedings for an offence under section 31(1) to be com-
menced at any time within twelve months from the time
when the offence was committed;

( e ) make different provisions for different cir-
cumstances or provisions relating only to specified
circumstances;

V) provide for exemptions from any provision of
the regulations;

&) contain such incidental and supplemental pro-
visions as the Minister considers appropriate.

31. (1) A person who contravenes a safety regula- offences against
tion which safety regulations.

(a) prohibits a person from supplying, offering or
agreeing to supply, or exposing or possessing for supply
any goods;

(b) requires persons who make or process goods
in the course of a business

(i) to carry out a particular test or use a particular
procedure in connection with the making or
processing of goods with a view to ascertain-
ing whether the goods satisfy other
requirements of the regulations; or

(ii) to deal or not deal in a particular way with
a quantity of goods of which the whole or a
part does not satisfy the test or does not satisfy
standards connected with the procedure;

(c) prohibits the provision by means of a mark or
otherwise, of information of a particular kind in con-
nection with goods,

is liable on summary conviction to a fine of ten thousand
dollars and to imprisonment for three months.

(2) Where a person commits an offence under subsec-
tion (1) due to the act or default of some other person, the
other person is guilty of the offence and may be charged
with and convicted of the offence whether or not proceedings
are taken against the first-mentioned person.

LAWS OF ANTIGUA AND BARBUDA

CAP. 97) Consumer Protection and Safeety

(3) It is a defence to an offence under subsection (1)
for the accused to prove that he took all reasonable steps
and exercised all due diligence to avoid committing the
offence.

(4) Where the defence under subsection (3) involves an
allegation that the offence was committed due to the act or
default of another person or due to reliance on information
supplied by another person, the person charged may not,
without the leave of the court, rely on the defence unless
within a period ending seven clear days before the hearing
he serves on the prosecutor a notice in writing, giving such
information identifying or assisting in the identification of
that other person as is then in his possession.

Orders and
notices to

32. (1) The Minister may
prohibit supply
of goods or (a) subject to Part I of the Third Schedule make
giving warning Orders (in this Act referred to as "prohibition orders")
of danger from
goods. prohibiting persons from supplying, offering or agree-
Third Schedule. ing to supply or exposing or possessing for supply

(i) goods which the Minister considers are not safe
and which are described in the Order; and

(ii) goods which are designed to be used as com-
ponent parts of other goods and which, if so
used, would cause the other goods to be goods
described in the Order;

( 6 ) subject to Part I1 of the Third Schedule, serve
on any person a notice (in this Act referred to as a "pro-
hibition notice") prohibiting the person, except with the
consent of the Minister and in accordance with any con-
ditions on which the consent is given from supplying,
offering, or agreeing to supply, or exposing or possess-
ing for supply any goods which the Minister considers
are not safe and which are described in the notice;

(c) subject to Part I11 of the Third Schedule, serve
on any person a notice (in this Act referred to as a
6 ( notice to warn") requiring the person to publish at

his own expense, in a form and manner and on occa-
sions specified in the notice, a warning about any goods
specified in the notice which the Minister considers are
not safe and which the person supplies or has supplied.

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 2 5

( 2 ) Section 30(2) paragraphs (e) to (g) apply to prohibi-
tion orders as they apply to safety regulations.

( 3 ) A person who contravenes a prohibition order, a
prohibition notice or a notice to warn is liable on summary
conviction to a fine of fifteen thousand dollars or imprison-
ment for six months.

( 4 ) It is a defence to an offence under subsection ( 3 )
for the accused to prove that he took all reasonable steps
and exercised all due diligence to avoid committing the
offence.

(5) Where a defence under subsection ( 4 ) involves an
allegation that the offence was committed due to the act or
default of another person, the person charged may not,
without the leave of the court, rely on the defence unless
within a period ending seven clear days before the hearing
he serves on the prosecutor a notice in writing, giving such
information identifying or assisting in the identification of
that other person as is then in his possession.

(6) Where a person commits an offence under subsec-
tion ( 3 ) due to the act or default of some other person, the
other person is guilty of the offence and may be charged
with and convicted of the offence whether or not proceedings
are taken against the first-mentioned person.

Power to obtain 33. (1) If, for the purpose of deciding whether to .
mformation.

make, vary or revoke safety regulations or a prohibition
order, to serve, vary or revoke a prohibition notice, or to
serve or revoke a notice to warn, the Minister considers that
he requires information which another person is likely to
be able to furnish, the Minister may serve on the person
a notice requiring him

(a) to furnish to the Minister within a period
specified in the notice, such information as is specified;

( b ) to produce the documents specified in the notice
at a time and place appointed in the notice and to per-
mit a person appointed by the Minister for that pur-
pose to take copies of the documents.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 97) Consumer Protection and Safeety

(2) A person who

( a ) fails without reasonable cause to comply with
a notice served on him under subsection (1) is liable
on summary conviction to a fine of ten thousand dollars
or imprisonment for six months;

( 6 ) in purporting to comply with a requirement
contained in a notice served on him under subsection (I),
furnishes information which he knows is false in a
material particular or recklessly furnishes information
which is false in a material particular is liable on sum-
mary conviction to a fine of fifteen thousand dollars and
to imprisonment for twelve months.

(3) No person shall disclose information obtained by
virtue of this section except

( a ) for the purpose of criminal proceedings or an
investigation with a view to such proceedings;

( b ) for the purpose of facilitating the performance
by the Director of his functions under Part I11 or for
the purpose of any proceedings under Part 111;

( 6 ) for the purpose of enabling the Minister to
decide whether to make, vary or revoke safety regula-
tions or prohibition orders, or whether to serve, vary
or revoke a prohibition notice, or to serve or revoke
a notice to warn; or

(6) in a prohibition notice, a notice to warn or a
warning published as required by a notice to warn or
in a warning about goods which is published by the
Minister.

(4) Subsection (3) does not apply to publicised
information.

(5) A person who contravenes subsection (3) is liable
on summary conviction to a fine of ten thousand dollars and
to imprisonment for three months.

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 27

Enforcement

34. In this Part "premises" includes any place, stall, ;;,fif:i;.n of
skip. aircraft or other vehicle of any kind.

35. The Minister may designate one or more per- Inspectors.
sons to be Inspectors under this Act, and shall provide every
Inspector with a certificate of his designation in the form
set out in the Fourth Schedule. Fourth Schedule.

36. An Inspector may enforce any Order made under F;z;trs,
section 18, and any safety regulation, prohibition order or
prohibition notice made or issued under this Act.

37. The Minister or an Inspector authorised by the Ez;a::sm.Le
Minister may make such purchases of goods or obtain such
services as may be expedient for the purpose of ascertaining
or determining whether any safety regulations, prohibition
order or prohibition notice or an Order made under sec-
tion 18 is being complied with.

38. (1) An Inspector who has reasonable cause to F;':s:;pter
believe that an offence under this Act has been committed, inspect and seize
may at all reasonable times and on production of his creden- documents. g O O ~ S a d
tials enter any premises other than premises or parts of
premises used exclusively as a dwelling house and while there
may

(a) inspect any goods found;

( 6 ) require any person carrying on a business on
the premises or employed in or connected with the
business to produce books or documents relating to the
business and to permit the inspector to take copies of
or any entry in such books or documents;

( c ) examine any procedure (including any
arrangements for carrying out a test connected with the
production of goods);

(6) seize and detain goods for testing;
(e) seize and detain goods or documents which he

believes may be required as evidence in proceedings
under this Act;

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 97) Consumer Protection and Safeety

Cf) for the purpose of exercising his powers to seize
goods under this section and to the extent that it is
reasonably necessary in order to ensure that an Order
under section 18, a safety regulation or a prohibition
notice or prohibition order is being complied with,
require any person having authority to do so to break
open any container or open any vending machine, and
if the person does not comply, the Inspector may do
so himself.

(2) An inspector who seizes goods or documents by vir-
tue of this section shall in a written statement specifying the
nature and amount of items seized, inform the person from
whom they are seized and in the case of goods seized from
a vending machine shall inform the person whose name is
written on the machine as being the proprietor or, if no name
and address are so stated, the occupier of the premises on
which the machine stands or to which it is affixed.

(3) For the purpose of proceedings taken or transac-
tions made under this Act, the written statement of an
Inspector given under subsection ( 2 ) has effect as a receipt
for the goods or documents seized.

(4) A magistrate who is satisfied by sworn information
in writing that there are reasonable grounds to believe

(a) that goods, books or documents which an
Inspector has power to inspect are on any premises and
that their inspection is likely to disclose evidence of the
commission of an offence under this Act; or

(6) that an offence under this Act has been, is
being, or is about to be committed on any premises; and

(c) that admission to the premises has been or is
likely to be refused and that notice of intention to apply
for a warrant under this subsection has been given to
the occupier; or

(d) that an application for admission or the giving
of the notice mentioned in paragraph (c) would defeat
the object of the entry or that the premises are unoc-
cupied or that the occupier is temporarily absent and
it might defeat the object of the entry to await his return,

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 29

may by warrant under his hand which shall continue in force
for a period of one month, authorise any Inspector to enter
the premises if needs be by force.

(5) An Inspector who enters premises by virtue of this
section may take with him such other persons and equip-
ment as appears necessary to him, and on leaving premises
which he enters by virtue of a warrant under subsection (4),
where either the premises are unoccupied, or where the
occupier is temporarily absent, he shall affix a notice in a
conspicuous place stating that the premises were entered for
the purpose of this section, and as far as practicable shall
leave the premises as effectively secured as he found them.

39. (1) A person who Offences
connected to

(a) wilfully obstructs an Inspector acting in the ~ ~ ~ f s : e ~ f i ~ , " ~ ~ ~
exercise of any power conferred on him by or under
section 38;

(6) wilfully fails to comply with any requirement
properly made to him by an Inspector under section 38;

(6) without reasonable cause fails to give an Inspec-
tor acting under section 38, such assistance or infor-
mation as he may reasonably require of the person for
the performance of the Inspector's functions under this
Part;

is guilty of an offence and is liable on summary conviction
to a fine of twenty-five hundred dollars.

(2) A person who

(a) in giving information as mentioned in subsec-
tion (l)(c) makes a statement which he knows to be false;

(6) not being an Inspector purports to act as an
Inspector under section 38 or under this Act;

(c) discloses to another person, where the disclosure
is not made in the performance of his duty

(i) information with respect to a manufacturing
process or trade secret obtained by him in
premises which he has entered by virtue of
section 38;

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 97) Consumer Protection and Safeety

(ii) information obtained by him under section 38
or under this Act;

is guilty of an offence and is liable on summary conviction
to a fine of five thousand dollars, and on conviction on
indictment to a fine of ten thousand dollars and to imprison-
ment for two years.

(3) This section does not require a person to answer
a question or give information where to do so might
incriminate the person or the person's spouse.

Notice of Test. 40. (1) Where goods seized or purchased by an
Inspector in pursuance of this Part are submitted to a test,
the Inspector shall

(a) if the goods were seized inform the person from
whom they were seized of the result of the test;

( b ) if the goods were purchased and the test leads
to proceedings for an offence under section 19 or 31(1),
or under section 32(3) so far as it relates to prohibition
orders and prohibition notices, inform the person from
whom the goods were purchased or in the case of goods
sold through a vending machine, the person mentioned
in relation to such goods in section 38(2), of the result
of the test;

and where as a result of the test proceedings for an offence
are instituted against a person, the Inspector shall allow the
person to have the goods tested independently if it is
reasonably practicable to do so.

(2) The Minister may by Order provide for the testing
of goods seized or purchased by an Inspector in pursuance
of this Act and in particular may in those Orders provide
that the test be carried out at the Ministry's expense in a
manner, by a person, and at a laboratory or testing facility
specified in the Order.

Compensation. 41. (1) Where in the exercise of his powers under
section 38 an Inspector seizes and detains any goods, and
the owner suffers loss by reason of the goods being seized
or by reason that during the detention the goods are lost
or damaged or deteriorate, unless the owner is convicted of

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 3 1

an offence under this Act committed in relation to the goods,
the owner is entitled to compensation for the loss so suffered.

(2) Any disputed question as to the right to or the
amount of any compensation payable under this section shall
on the written application of the owner or of the Attorney-
General be determined as follows

(a) if the amount of the compensation claimed does
not exceed five thousand dollars, by a Magistrate; or

( 6 ) if the amount of the compensation claimed
exceeds five thousand dollars by a Judge of the Supreme
Court,

in like manner as if the Magistrate or the Judge were a single
arbitrator appointed pursuant to the provisions of the
Arbitration Act, and the provisions of that Act shall apply Cap. 33.
accordingly.

( 3 ) Compensation payable under this section shall be
defrayed out of moneys provided for the purpose by
Parliament.

42. ( 1 ) Any obligation imposed on a person by Civil liability.
regulations, a prohibition order or a prohibition notice is
a duty owed by him to any other person who may be affected
by a failure to perform the obligation, and a breach of that
duty is actionable, subject to defences and other incidents
applying to actions for breach of statutory duty.

(2) An agreement is void so far as it would, apart from
this subsection, have the effect of excluding or restricting
an obligation mentioned in subsection (1) or liability for a
breach of such an obligation.

(3) A reference in this section to an obligation imposed
by safety regulations does not include a reference to an obliga-
tion to which the regulations do not apply.

(4) Contravention of a safety regulation, a prohibition
order or a prohibition notice and the commission of an offence
under section 31 or 3 2 does not affect the validity of a con-
tract or rights arising under a contract except in so far as
the contract otherwise provides.

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 97) Consumer Protection and Safe9

Miscellaneous
Service of
documents.

43. The principal office of a company registered out-
side Antigua and Barbuda or a partnership carrying on
business outside Antigua and Barbuda is its principle office
within Antigua and Barbuda for the purpose of service of
any document required or authorised by this Act to be served
on any person.

Publication of 44. (1) The Director may arrange for the publica-
information and
advice. tion, in such form and in such manner as he considers

appropriate, of such information and advice as appears to
him to be expedient to give to consumers in Antigua and
Barbuda regarding any matter in respect of which he has
a function under section 5.

(2) In arranging for the publication of information or
advice, the Director shall have regard to the need for
excluding, as far as it is practicable-

( a ) matters relating to the private affairs of an
individual, where the publication of that matter would
or might, in the opinion of the Director, seriously and
prejudicially affect the interest of that individual; and

( b ) matters relating specifically to the affairs of a
particular body of persons, whether corporate or unin-
corporate, where publication of that matter would or
might, in the opinion of the Director, seriously and pre-
judicially affect the interests of that body.

(3) Without prejudice to the exercise of his powers under
subsection ( I ) , the Director shall encourage relevant associa-
tions to prepare, and to disseminate to their members, codes
of practice for guidance in safeguarding and promoting the
interests of consumers in Antigua and Barbuda.

(4) In this section "relevant association" means any
association, whether or not incorporated, whose member-
ship consists wholly or mainly of persons engaged in the pro-
duction or supply of goods or in the supply of services or
of persons employed by or representing persons so engaged
and whose objects or activities include the promotion of the

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safeety (CAP. 97 3 3

interests of persons so engaged, and includes a consumer
association.

45. NO prosecution for an offence under this Act shall Limitation of
be commenced after the expiration of three years from the
commission of the offence or one year from its discovery
by the prosecutor, whichever is the earlier.

46. Where an offence under this Act which has been Offences by
companies.

committed by a company whose affairs were managed by
its members is proved to have been committed with the con-
sent or connivance of, or to be attributable to any neglect
on the part of, a member of the company in connection with
his functions of management, he as well as the company is
liable to be proceeded against and punished accordingly.

47. (1) Subject to subsections (2) to (4), no informa- Restrictions
disclosure of

tion relative to a particular business which has been obtain- information.
cd under or by virtue of this Act, other than Part 11, shall,
so long as that business continues to be carried on, be
disclosed without the consent of the person for the time being
carrying on that business.

(2) Subsection (1) does not apply to any disclosure of
information which is made for the purpose of facilitating the
performance of any functions of the Minister, the Director
or the Council under this Act.

( 3 ) Subsection ( 1 ) does not apply to any disclosure of
information which is made for the purposes of any legal pro-
ceedings under this Act.

(4) Nothing in subsection ( l ) , shall be construed-

( a ) as limiting the matters which may be included
in, or made public as part of, a report of the Council; or

(6) as applying to any information which has been
made public as part of such a report.

(5) A person who discloses information in contraven-
tion of this section is liable on summary conviction to a fine
of five thousand dollars and to imprisonment for six months.

LAWS OF ANTIGUA AND BARBUDA

CAP. 97) Consumer Protection and Safety

FIRST SCHEDULE Section 15 (2)

GOODS O R SERVICES EXCLUDED IN ACCORDANCE
WITH SECTION 15

1. The services of Ministers or other persons of religion
in their capacity as such Ministers or persons.

2. Electricity supplied by the Public Utilities Authority.

3. Telephone services supplied by the Public Utilities
Authority.

4. Water supplied by the Public Utilities Authority.

SECOND SCHEDULE Section 16 (1)

MATTERS FALLING WITHIN SCOPE OF PROPOSALS
UNDER SECTION 16(1)

1. In this Schedule.

"specified consumer trade practice" means the consumer trade
practice specified in the reference to which the proposals
are made;

"specified consumer transactions" means transactions which
are relevant consumer transactions in relation to that
consumer trade practice and are of a description specified
in the proposals;

"specified" elsewhere than in the above expressions means
specified in the proposals.

2. Prohibition of specified consumer trade practice either
generally or in relation to specified consumer transactions.

3. Prohibition of specified consumer transaction unless
carried out at specified times or at a place of a specified description.

4. Prohibition of the inclusion in specified consumer
transactions of terms or conditions purporting to exclude or limit

LAWS OF ANTIGUA AND BARBUDA

Consumer Protection and Safety (CAP. 97 35

the liability of a party to such a transaction in respect of specified
matters.

5 . A requirement that contracts relating to specified
consumer transactions must include specified terms or conditions.

6. A requirement that contracts or other documents relating
to specified consumer transactions must comply with specified
provisions as to lettering (whether as to size, type, colouring or
otherwise).

7. A requirement that specified information must be given
to parties to specified consumer transactions.

THIRD SCHEDULE Section 32

PROHIBITION ORDERS, PROHIBITION NOTICES AND
NOTICES T O WARN

Prohibition Orders

1. If the Minister proposes to make a prohibition order
(hereafter in this Part of this Schedule referred to as "an order"),
then, subject to paragraph 5, he shall before he makes the order-

(a) publish, in such manner as he thinks fit and not less
than twenty-six days before he makes the order a notice
stating-

(i) that he proposes to make the order and, in such
terms as he thinks fit, the proposed effect of the
order; and

(ii) that any person may make representations in writing
to the Minister about the proposed order before a
date specified in the notice (which must be after the
expiration of the period of twenty-eight days begin-
ning with the date of first publication of the notice);
and

(b) consider any representations made with respect to
the notice within the period specified.

LAWS OF ANTIGUA AND BARBUDA

2. The effect of an order must not be more restrictive, but
may be less restrictive, than the proposed effect of it as stated
in the notice.

3. Without prejudice to the power to make a further order
and subject to paragraph 4, an order ceases to have effect at the
expiration of a period specified in the order which must be no
longer than twelve months beginning with the date on which the
order comes into force.

4. An order may revoke another order or may vary it other-
wise than by providing for it to be in force after the expiration
of twelve months beginning with the date of the coming into force
of the original order.

5 . Paragraphs 1 and 2 do not apply to an order if the order
contains a statement that in the opinion of the Minister the risk
of danger connected with the goods to which the order relates is
such that the order must be made without delay.

PART 11

Prohibition Notices

Preliminary

6. In this Part-

"notice" means a prohibition notice;

"notification" means a notification in writing;

" trader" in relation to a proposed notice or an actual notice
means the person on whom the proposed notice is pro-
posed to be served or on whom the actual notice has
been served.

7. A notice must specify the date on which it comes into
force.

General Procedure

8. If the Minister proposes to serve a notice in respect of
any goods, then, subject to paragraph 14, he shall before he serves
the notice serve on the trader a notification-

(a) stating that the Minister proposes to serve on him
a notice in respect of the goods;

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Consumer Protection and Safeety (CAP. 97 37

(b) specifying the goods in a manner sufficient to iden-
tify them and stating that, for the reasons set out in the
notification, the Minister considers that the goods are not
safe; and

(6) stating that the trader may make representations, in
writing or both in writing and orally, for the purpose of satis-
fying the Minister that the goods are safe but that if the trader
intends to make such representations he must, before the
expiration of the period of fourteen days beginning with the
day when the notification is served on him, inform the
Minister of his intention and indicate whether the represen-
tations are to be in writing only or both in writing and orally.

9. Subject to paragraph 14, the Minister shall not serve
a notice on the trader in respect of any goods before the expira-
tion of the period of fourteen days beginning with the day on which
the Minister served on him a notification in pursuance of
paragraph 8 relating to the goods; and if within that period the
trader infoi-ms the Minister as mentioned in paragraph 8(c) then-

(a) the Minister shall not serve a notice on the trader
in consequence of the notification before the expiration of
the period of twenty-eight days beginning with the day
aforesaid; and

(6) if during that period the trader makes to the Minister
such written representations as are mentioned in
paragraph 8(c) the Minister shall not serve a notice on the
trader in consequence of the notification before the Minister
has considered the report of a person appointed in pursuance
of paragraph 10 in consequence of the representations.

10. Where, in consequence of the service on the trader of
a notification in pursuance of paragraph 8, the trader informs the
Minister as mentioned in paragraph 8(c) within the period so men-
tioned and makes to the Minister within that period or the four-
teen days beginning with the end of that period such written
representations as are so mentioned, the Minister shall-

(a) appoint a person to consider the written representa-
tions; and

(b) if the trader informed the Minister in pursuance of
paragraph 8(c) that the representations would be both writ-
ten and oral, inform the trader of the place and time (which
must not be before the expiration of the fourteen days
aforesaid and of seven days beginning with the day when
the information is given to the trader) at which the oral
representations may be made to the person appointed

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38 CAP. 97) Consumer Protection and Safeety

and the trader or his representative may at that place and time
make to the person appointed oral representations for the pur-
pose of satisfying the Minister that the goods in question are safe
and may call and examine witnesses in connection with the
representations.

11. The person appointed in pursuance of paragraph 10
to consider written representations with respect to any goods shall,
after considering the representations, any oral representations made
in pursuance of that paragraph with respect to the goods and any
statements made by witnesses in connection with the oral represen-
tations, make a report (including recommendations) to the Minister
about the representations and the proposed notice.

12. If at any time after the Minister has served a notifica-
tion on the trader in pursuance of paragraph 8 the Minister decides
not to serve a notice on him in consequence of a notification, the
Minister shall inform him of the decision; and after the Minister
informs him of the decision the notification and anything done
in consequence of it in pursuance of the preceding paragraphs
shall be disregarded for the purposes of those paragraphs.

13. Where a notification is served on the trader in respect
of any goods in pursuance of paragraph 8, a notice served on him
in consequence of the notification may relate to some only of those
goods.

Special Procedure

14. Paragraphs 8 to 13 do not apply to a notice which con-
tains a statement that the Minister considers that the risk of danger
connected with the goods to which the notice relates is such that
the notice must come into force without delay; and references to
a notice in paragraphs 15 to 18 are to a notice containing such
a statement.

15. A notice in respect of any goods must-
(a) state that, for the reasons set out in the notice, the

Minister considers that the goods are not safe; and

( b ) state that the trader may, at such time as the trader
thinks fit, make representation in writing to the Minister for
the purpose of satisfying him that the goods are safe.

16. If the representations in writing about a notice are made
by the trader to the Minister, the Minister shall consider the
representations and either revoke the notice and inform the trader
that he has revoked it or-

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Consumer Protection and Safeety (CAP. 97

(a) appoint a person to consider the representations; and

(6) serve on the trader a notificaton stating that he may
make to the person appointed oral representations for the
purpose mentioned in paragraph 15 and specifying the place
and time (which, except with the agreement of the trader,
must not be before the expiration of twenty-one days begin-
ning with the date of service of the notification) at which
the oral representations may be made,

and the trader or his representatives may at that place and time
make to the person appointed oral representations for the pur-
pose aforesaid and may call and examine witnesses in connection
with the representations.

17. The person appointed in pursuance of paragraph 16
to consider written representations with respect to any goods shall,
after considering the representations, any oral representations made
in pursuance of that paragraph with respect to the goods and any
statement made by witnesses in connection with oral representa-
tions, make a report (including recommendations) to the Minister
about the representations and the notice in question.

18. Where the Minister has appointed a person in pur-
suance of paragraph 16 to consider any representations relating
to a notice then, without prejudice to the operation of paragraphs 19
and 20, paragraphs 16 and 17 shall not apply to any subsequent
representations in writing about the notice.

Other Representations

19. If at any time the trader on whom a notice has been
served makes representations in writing to the Minister for the
purpose of satisfying him that the goods to which the notice relates
are safe and, by virtue of paragraph 18, paragraph 16 does not
apply to the representations, the Minister shall consider the
representations and serve on the trader, before the expiration of
one month beginning with the day when the Minister receives
the representations, a notification stating-

(a) that the Minister will revoke the notice or vary it
or declines to do so; or

(6) that the Minister has appointed a person to consider
the representations and that the trader may make to the per-
son appointed, at a place specified in the notification and
a time so specified (which, except with the agreement of the
trader, must not be before the expiration of the period of

LAWS OF ANTIGUA AND BARBUDA

CAP. 97) Consumer Protection and Safeety

twenty-one days beginning with the date of service of the
notification) oral representations for the purpose,

and the trader or his representative may at that place and time
make to the person appointed oral representations for the pur-
pose and may call and examine witnesses in connection with the
representations.

20. The person appointed in pursuance of paragraph 19
to consider written representations with respect to any goods shall,
after considering the representations, any oral representations made
in pursuance of that paragraph with respect to the goods and any
statement made by witnesses in connection with the oral represen-
tations, make a report (including recommendations) to the Minister
about the representations and the notice in question.

Miscellaneous

2 1. The Minister may revoke or vary a notice by serving
on the trader a notification stating that the notice is revoked or,
as the case may be, is varied as specified in the notification; but
the Minister shall not have the power to vary a notice so as to
make the effect of the notice more restrictive for the trader.

22. The Minister shall consider any report made to him
in pursuance of paragraph 17 or 20 and, after considering the
report, inform the trader of this decision with respect to the notice
in question.

23. Where the Minister has appointed a time in pursuance
of this part for oral. representations, he may appoint a later time
or future times for the representations; and where he does so
references in this part to the appointed time shall be construed
as references to the later time or, as the case may be, as including
the further times.

24. If a person discloses a secret manufacturing process
or a trade secret contained in information obtained by him in con-
sequence of the inclusion of the information in written or oral
representations made in pursuance of this Part or in a statement
made by a witness in connection with such oral representations,
then, subject to the following paragraph, he is liable on summary
conviction to a fine of five thousand dollars and to imprisonment
for six months; and it is hereby declared that the references above
to written representations includes such written representations
as are included in paragraph 19.

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Consumer Protection and Safe& (CAP. 97 41

25. A person shall not be guilty of an offence under
paragraph 24 in consequence of his disclosure of a process or trade
secret contained in information if-

(a) the information was obtained by him as a person
appointed by the Minister in pursuance of this Part to con-
sider the representations in question and the disclosure was
made in his report to the Minister about the representations
or was for the purpose of criminal proceedings;

(6) the information was obtained by him otherwise than
as a person so appointed and the disclosure was made as
mentioned in section 33(3); or

(c) the disclosure was of publicised information.

PART I11

Notice to Warn

26. If the Minister proposes to serve on a person a notice
to warn in respect of any goods, the Minister shall, before he serves
the notice, serve on the person a notificaton in writing-

(a) containing a draft of the notice and stating that the
Minister proposes to serve on the person such a notice in
the form of the draft; and

(6) stating that, for the reason set out in the notification
the Minister considers that the goods specified in the draft
are not safe; and

(c) stating that the person may make representations,
in writing or both in writing and orally, for the purpose of
satisfying the Minister that the goods are safe but that if the
person intends to make such representations he must, before
the expiration of the period of fourteen days beginning with
the day when the notification is served on him, inform the
Minister of his intentions and indicate whether the represen-
tations are to be in writing only or both in writing and orally.

27. Paragraphs 9 to 13, 2 1 and 23 to 25 shall with the
necessary modifications have effect in relation to a notice to warn
as they have effect in relation to a prohibition notice but as if-

(a) the reference to paragraph 14 in paragraph 9 , were
omitted;

( b ) for the references to paragraph8 in
paragraphs 9, 10, 12 and 13 there were substituted references
to paragraph 26;

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42 CAP. 97) Consumer Protection and Safeety

(6) in paragraph 13 for the words from "relate" onwards
there were substituting the words "be less onerous than the
draft of the notice contained in the notification";

(d) in paragraph 21 the words "or vary" and the words
from "or as" onwards were omitted; and

( e ) in paragraph 24 the words from "and it is" onwards
were omitted and in that paragraph and paragraph 25 for
the references to this Part there were substituting references
to provisions of that Part as applied by this paragraph.

FOURTH SCHEDULE Section 35

CERTIFICATION OF DESIGNATED INSPECTOR

(SECTION 35 OF THE CONSUMER PROTECTION AND
SAFETY ACT)

Official Stamp

This is to certify that ............................ AFFIX PASSPORT

has been designated as an Inspector SIZE

under section 35 of the Consumer PHOTOGRAPH

Protection and Safety Act. HERE

........................................................................................
Signature of Inspector. Signature of Minister.
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