Part 8Enforcement of certain consumer legislation
Enforcement procedure
215 Applications
1
An application for an enforcement order must name the person the enforcer thinks—
a
has engaged or is engaging in conduct which constitutes a domestic or a Community infringement, or
b
is likely to engage in conduct which constitutes a Community infringement.
2
A general enforcer may make an application for an enforcement order in respect of any infringement.
3
A designated enforcer may make an application for an enforcement order in respect of an infringement to which his designation relates.
4
A Community enforcer may make an application for an enforcement order in respect of a Community infringement.
F14A
A CPC enforcer may make an application for an enforcement order in respect of a Community infringement.
5
The following courts have jurisdiction to make an enforcement order—
a
the High Court or a county court if the person against whom the order is sought carries on business or has a place of business in England and Wales or Northern Ireland;
b
the Court of Session or the sheriff if the person against whom the order is sought carries on business or has a place of business in Scotland.
6
If an application for an enforcement order is made by a Community enforcer the court may examine whether the purpose of the enforcer justifies its making the application.
7
If the court thinks that the purpose of the Community enforcer does not justify its making the application the court may refuse the application on that ground alone.
8
The purpose of a Community enforcer must be construed by reference to the Injunctions Directive.