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Consumer Rights Act 2015

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Changes over time for: Cross Heading: Exercise of powers in this Part

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Changes to legislation:

Consumer Rights Act 2015, Cross Heading: Exercise of powers in this Part is up to date with all changes known to be in force on or before 18 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Exercise of powers in this PartU.K.

13(1)An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that kind of enforcer.U.K.

(2)The Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable the Authority to exercise or to consider whether to exercise any function it has under [F1Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

(b)to enable a private designated enforcer to consider whether to exercise any function it has under [F2Chapter 3 of] that Part;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to ascertain whether a person has complied with or is complying with [F4an enforcement order, an interim enforcement order, an online interface order or an interim online interface order];

(e)to ascertain whether a person has complied with or is complying with an undertaking given under [F5Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

[F6(f)to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.]

(3)A public designated enforcer, a local weights and measures authority in Great [F7Britain or] the Department of Enterprise, Trade and Investment in Northern Ireland F8... may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable that enforcer to exercise or to consider whether to exercise any function it has under [F9Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

(b)to ascertain whether a person has complied with or is complying with an enforcement order [F10, an interim enforcement order, an online interface order or an interim online interface order] made on the application of that enforcer;

(c)to ascertain whether a person has complied with or is complying with an undertaking given under [F11section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024] following such an application;

(d)to ascertain whether a person has complied with or is complying with an undertaking given to that enforcer under [F12section 163] of that Act.

(4)A domestic enforcer may exercise the powers in this Part of this Schedule for the purpose of ascertaining whether there has been a breach of the enforcer's legislation.

(5)But a domestic enforcer may not exercise the power in paragraph 14 (power to require the production of information) for the purpose in sub-paragraph (4) unless an officer of the enforcer reasonably suspects a breach of the enforcer's legislation.

(6)Sub-paragraph (5) does not apply if the enforcer is a market surveillance authority within the meaning of [F13Article 2(18) of the Regulation on Accreditation and Market Surveillance] [F13Article 3(4) of the Market Surveillance Regulation] and the power is exercised for the purpose of market surveillance within the meaning of [F14Article 2(17) of that Regulation] [F14Article 3(3) of that Regulation].

(7)An unfair contract terms enforcer may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable the enforcer to exercise or to consider whether to exercise any function it has under Schedule 3 (enforcement of the law on unfair contract terms and notices);

(b)to ascertain whether a person has complied with or is complying with an injunction or interdict (within the meaning of that Schedule) granted under paragraph 5 of that Schedule or an undertaking given under paragraph 6 of that Schedule.

(8)But an unfair contract terms enforcer may not exercise the power in paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an officer of the enforcer reasonably suspects that a person is using, or proposing or recommending the use of, a contractual term or notice within paragraph 3 of Schedule 3.

(9)A local weights and measures authority in Great Britain [F15, the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State] may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable it to determine whether to make an order under section 3 or 4 of the Estate Agents Act 1979;

(b)to enable it to exercise any of its functions under section 5, 6, 8, 13 or 17 of that Act.

(10)In this paragraph—

  • F16...

  • “private designated enforcer” means a person or body [F17which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act)].

Textual Amendments

F15Words in Sch. 5 para. 13(9) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 132(4), 216(3); S.I. 2016/733, reg. 4(1)(a)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 5 para. 13 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I2Sch. 5 para. 13 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I3Sch. 5 para. 13 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

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