or prospective right to payment, of the charge or any part of it, without knowing or having reasonable cause to believe that the entry to which the charge relates was ordered in accordance with this section or a proper note of agreement has been duly signed.
(3) For the purposes of subsection (1) above, an order for an entry in a directory must be made by means of an order form or other stationery belonging to the person to whom, or to whose trade or business, the entry is to relate and bearing, in print, the name and address (or one or more of the addresses) of that person; and the note required by this section of a person’s agreement to a charge must state the amount of the charge immediately above the place for signature, and-
- (a) must identify the directory or proposed directory, and give the following particulars of it—
- (i) the proposed date of publication of the directory or of the issue in which the entry is to be included and the name and address of the person producing it;
- (ii) if the directory or that issue is to be put on sale, the price at which it is to be offered for sale and the minimum number of copies which are to be available for sale;
- (iii) if the directory or that issue is to be distributed free of charge (whether or not it is also to be put on sale), the minimum number of copies which are to be so distributed; and
- (b) must set out or give reasonable particulars of the entry in respect of which the charge would be payable.
(4) Nothing in this section shall apply to a payment due under a contract entered into before the commencement of this Act, or entered into by the acceptance of an offer made before that commencement.
Unsolicited publications. 4.—(1) A person shall be guilty of an offence if he sends or causes to be sent to another person any book, magazine or leaflet (or advertising material for any such publication) which he knows or ought reasonably to know is unsolicited and which describes or illustrates human sexual techniques.
(2) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100 for a first offence and to a fine not exceeding £400 for any subsequent offence.
(3) A prosecution for an offence under this section shall not in England and Wales be instituted except by, or with the consent of, the Director of Public Prosecutions.
Offences by corporations.
5.—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any