Jurisdiction(s):
United Kingdom

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Key definition

Due diligence definition

What does Due diligence mean? In legal practice, due diligence describes (1) compliance steps to prevent offences; and (2) pre‑transaction investigation in corporate and finance work. As a statutory defence to many strict‑liability and regulatory offences (for example under the UK Consumer Protection from Unfair Trading Regulations 2008 and the Food Safety Act 1990, and under Ireland’s Consumer Protection Act 2007 and food legislation), it requires the defendant to show that all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence. Depending on the statute, this may place a legal or evidential burden on the defendant,...

Intoxicating substances and butane lighter refills: sales to under-18s—offences, defences (including due diligence), enforcement and sentencing (Archived)

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Practice notes

ARCHIVED: This Practice Note is archived and is no longer maintained

The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18

Section 1(1) of the Intoxicating Substances (Supply) Act 1985 makes it an offence to supply, or offer to supply, any substance other than a controlled drug—“controlled drug” having the same meaning as in the Misuse of Drugs Act 1971—where the supplier knows, or has reasonable cause to believe, that the substance or its fumes are likely to be inhaled by a person under 18 to cause intoxication.

Supplying directly to someone under eighteen whom the supplier knows, or has reasonable grounds to believe, is under that age; or
Supplying to a person known, or reasonably believed, to be acting on behalf of someone under eighteen.

The Cigarette Lighter Refill (Safety) Regulations 1999 (SI 1999/1844) are safety regulations made under section 11 of the Consumer Protection Act 1987...

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