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.