Part 8Enforcement of certain consumer legislation

Introduction

210 Consumers

1

In this Part references to consumers must be construed in accordance with this section.

2

In relation to a domestic infringement a consumer is an individual in respect of whom the first and second conditions are satisfied.

3

The first condition is that—

a

goods are or are sought to be supplied to the individual (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, or

b

services are or are sought to be supplied to the individual in the course of a business carried on by the person supplying or seeking to supply them.

4

The second condition is that—

a

the individual receives or seeks to receive the goods or services otherwise than in the course of a business carried on by him, or

b

the individual receives or seeks to receive the goods or services with a view to carrying on a business but not in the course of a business carried on by him.

5

For the purposes of a domestic infringement it is immaterial whether a person supplying goods or services has a place of business in the United Kingdom.

6

In relation to a Community infringement a consumer is a person who is a consumer for the purposes of—

a

the Injunctions Directive, and

b

the listed Directive concerned.

7

A Directive is a listed Directive—

a

if it is a Directive of the Council of the European Communities or of the European Parliament and of the Council, and

b

if it is specified in Schedule 13 or to the extent that any of its provisions is so specified.

8

A business includes—

a

a professional practice;

b

any other undertaking carried on for gain or reward;

c

any undertaking in the course of which goods or services are supplied otherwise than free of charge.

9

The Secretary of State may by order modify Schedule 13.

10

An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.