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.

9

An enforcer which is not the F2CMA must notify the F2CMA of the result of an application under this section.