The Business Protection from Misleading Marketing Regulations 2008

Injunctions to secure compliance with the Regulations

This section has no associated Explanatory Memorandum

15.—(1) This regulation applies where an enforcement authority considers that there has been or is likely to be a breach of regulation 3, 4 or 5.

(2) Where this regulation applies an enforcement authority may, subject to paragraph (3), if it thinks it appropriate to do so, bring proceedings for an injunction (in which proceedings it may also apply for an interim injunction) against any person appearing to it to be concerned or likely to be concerned with the breach.

(3) Where the enforcement authority is a local weights and measures authority in Great Britain it may apply for an injunction only if—

(a)it has notified the OFT of its intention to apply for an injunction at least fourteen days before the date on which the application is made; or

(b)the OFT consents to the application for an injunction being made within a shorter period.

(4) Proceedings referred to in paragraph (2) are not invalid by reason only of the failure to comply with paragraph (3).