Textual Amendments
F1Pt. 1 heading substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading's Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 12(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
(1) This section applies where a person (“ the defaulter ”) refuses, or otherwise fails, to comply with a notice given to the defaulter under section 24(1) and the defaulter is—
(a)within section 24(3)(c), or
(b)a person in relation to whom this section applies by virtue of provision made under section 24(7)(b).
(2)But this section does not apply in relation to a notice if, or to the extent that, section 25(1) applies in relation to the notice.
(3)[F2The consumer advocacy body in question] may apply to the court for an order requiring the defaulter to comply with the notice or with such directions for the like purpose as may be contained in the order.
(4)An order under this section may, in particular, provide that all the costs or expenses of and incidental to the application are to be borne—
(a)by the defaulter, or
(b)if officers of a company or other association are responsible for the failure to comply with the notice, by those officers.
(5)In this section “the court”—
(a)in relation to England and Wales or Northern Ireland, means the High Court, and
(b)in relation to Scotland, means the Court of Session.
Textual Amendments
F2Words in s. 26(3) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading's Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 12(29) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Commencement Information
I1 S. 26 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.