Enterprise Act 2002 (c. 40)

Part 8 U.K. Enforcement of certain consumer legislation

[F1 Online interface orders and interim online interface orders] U.K.

Textual Amendments

F1 S. 218ZA cross-heading inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(4) (with reg. 8)

[F2 218ZC Interim online interface orders U.K.

(1) The court may make an interim online interface order on an application under section 218ZA if it appears to the court—

(a) that it is alleged that there has been or is likely to be a Community infringement,

(b) that if the application had been an application for an online interface order it would be likely to be granted,

(c) that it is expedient to bring about the cessation or prohibition of the Community infringement immediately, and

(d) if no notice of the application has been given to the person against whom the order is sought that it is appropriate to make an interim online interface order without notice.

(2) An interim online interface order must direct the person against whom it is made to do, or to co-operate with another person so that person may do, one or more of the following—

(a) remove content from or modify content on an online interface;

(b) disable or restrict access to an online interface;

(c) display a warning to consumers accessing an online interface;

(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the CMA.

(3) An application for an interim online interface order against a person may be made at any time before an application for an online interface order against the person in respect of the same infringement is determined.

(4) An application for an interim online interface order must refer to all matters—

(a) which are known to the CMA, and

(b) which are material to the question whether or not the application is granted.

(5) If an application for an interim online interface order is made without notice the application must state why no notice has been given.

(6) The court may vary or discharge an interim online interface order on the application of—

(a) the CMA;

(b) the person against whom it is made.

(7) An interim online interface order against a person is discharged on the determination of an application for an online interface order made against the person in respect of the same infringement.

(8) An interim online interface order made by a court in one part of the United Kingdom has effect in any other part of the United Kingdom as if made by a court in that part.]

Textual Amendments

F2 Ss. 218ZA-218ZD inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(5) (with reg. 8)