Introductory Text
PART 1 Consumer contracts for goods, digital content and services
CHAPTER 1 Introduction
1.Where Part 1 applies
2.Key definitions
CHAPTER 2 Goods
What goods contracts are covered?
3.Contracts covered by this Chapter
4.Ownership of goods
5.Sales contracts
6.Contracts for the hire of goods
7.Hire-purchase agreements
8.Contracts for transfer of goods
What statutory rights are there under a goods contract?
9.Goods to be of satisfactory quality
10.Goods to be fit for particular purpose
11.Goods to be as described
12.Other pre-contract information included in contract
13.Goods to match a sample
14.Goods to match a model seen or examined
15.Installation as part of conformity of the goods with the contract
16.Goods not conforming to contract if digital content does not conform
17.Trader to have right to supply the goods etc
18.No other requirement to treat term about quality or fitness as included
What remedies are there if statutory rights under a goods contract are not met?
19.Consumer's rights to enforce terms about goods
20.Right to reject
21.Partial rejection of goods
22.Time limit for short-term right to reject
23.Right to repair or replacement
24.Right to price reduction or final right to reject
Other rules about remedies under goods contracts
25.Delivery of wrong quantity
26.Instalment deliveries
27.Consignation, or payment into court, in Scotland
Other rules about goods contracts
28.Delivery of goods
29.Passing of risk
30.Goods under guarantee
Can a trader contract out of statutory rights and remedies under a goods contract?
31.Liability that cannot be excluded or restricted
32.Contracts applying law of non-EEA State
CHAPTER 3 Digital content
What digital content contracts are covered?
33.Contracts covered by this Chapter
What statutory rights are there under a digital content contract?
34.Digital content to be of satisfactory quality
35.Digital content to be fit for particular purpose
36.Digital content to be as described
37.Other pre-contract information included in contract
38.No other requirement to treat term about quality or fitness as included
39.Supply by transmission and facilities for continued transmission
40.Quality, fitness and description of content supplied subject to modifications
41.Trader's right to supply digital content
What remedies are there if statutory rights under a digital content contract are not met?
42.Consumer's rights to enforce terms about digital content
43.Right to repair or replacement
44.Right to price reduction
45.Right to a refund
Compensation for damage to device or to other digital content
46.Remedy for damage to device or to other digital content
Can a trader contract out of statutory rights and remedies under a digital content contract?
47.Liability that cannot be excluded or restricted
CHAPTER 4 Services
What services contracts are covered?
48.Contracts covered by this Chapter
What statutory rights are there under a services contract?
49.Service to be performed with reasonable care and skill
50.Information about the trader or service to be binding
51.Reasonable price to be paid for a service
52.Service to be performed within a reasonable time
53.Relation to other law on contract terms
What remedies are there if statutory rights under a services contract are not met?
54.Consumer's rights to enforce terms about services
55.Right to repeat performance
56.Right to price reduction
Can a trader contract out of statutory rights and remedies under a services contract?
57.Liability that cannot be excluded or restricted
CHAPTER 5 General and supplementary provisions
58.Powers of the court
59.Interpretation
60.Changes to other legislation
PART 2 Unfair terms
What contracts and notices are covered by this Part?
61.Contracts and notices covered by this Part
What are the general rules about fairness of contract terms and notices?
62.Requirement for contract terms and notices to be fair
63.Contract terms which may or must be regarded as unfair
64.Exclusion from assessment of fairness
65.Bar on exclusion or restriction of negligence liability
66.Scope of section 65
67.Effect of an unfair term on the rest of a contract
68.Requirement for transparency
69.Contract terms that may have different meanings
How are the general rules enforced?
70.Enforcement of the law on unfair contract terms
Supplementary provisions
71.Duty of court to consider fairness of term
72.Application of rules to secondary contracts
73.Disapplication of rules to mandatory terms and notices
74.Contracts applying law of non-EEA State
75.Changes to other legislation
76.Interpretation of Part 2
PART 3 Miscellaneous and General
CHAPTER 1 Enforcement etc.
77.Investigatory powers etc
78.Amendment of weights and measures legislation regarding unwrapped bread
79.Enterprise Act 2002: enhanced consumer measures and other enforcement
80.Contravention of code regulating premium rate services
CHAPTER 2 Competition
81.Private actions in competition law
82.Appointment of judges to the Competition Appeal Tribunal
CHAPTER 3 Duty of letting agents to publicise fees etc
83.Duty of letting agents to publicise fees etc
84.Letting agents to which the duty applies
85.Fees to which the duty applies
86.Letting agency work and property management work
87.Enforcement of the duty
88.Supplementary provisions
CHAPTER 4 Student complaints scheme
89.Qualifying institutions for the purposes of the student complaints scheme
CHAPTER 5 Secondary ticketing
90.Duty to provide information about tickets
91.Prohibition on cancellation or blacklisting
92.Duty to report criminal activity
93.Enforcement of this Chapter
94.Duty to review measures relating to secondary ticketing
95.Interpretation of this Chapter
CHAPTER 6 General
96.Power to make consequential provision
97.Power to make transitional, transitory and saving provision
98.Financial provision
99.Extent
100.Commencement
101.Short title
SCHEDULES
SCHEDULE 1
Amendments consequential on Part 1
Supply of Goods (Implied Terms) Act 1973 (c. 13)
1.The Supply of Goods (Implied Terms) Act 1973 is amended...
2.For “hire-purchase agreement” (or “hire purchase agreement”) in each place,...
3.(1) Section 10 (implied undertakings as to quality or fitness)...
4.(1) Section 11A (modification of remedies for breach of statutory...
5.In section 12A (remedies for breach of hire-purchase agreement as...
6.Omit section 14 (special provisions as to conditional sale agreements)....
7.(1) Section 15 (supplementary) is amended as follows.
Sale of Goods Act 1979 (c. 54)
8.The Sale of Goods Act 1979 is amended as follows....
9.In section 1 (contracts to which Act applies), after subsection...
10.In section 11 (when condition to be treated as warranty),...
11.In section 12 (implied terms about title etc), after subsection...
12.In section 13 (sale by description), after subsection (4) insert—...
13.(1) Section 14 (implied terms about quality or fitness) is...
14.In section 15 (sale by sample), after subsection (4) insert—...
15.In section 15A (modification of remedies for breach of condition...
16.(1) Section 15B (remedies for breach of contract as respects...
17.(1) In section 20 (passing of risk), for subsection (4)...
18.In section 29 (rules about delivery), after subsection (3) insert—...
19.(1) Section 30 (delivery of wrong quantity) is amended as...
20.In section 31 (instalment deliveries) after subsection (2) insert—
21.In section 32 (delivery to carrier), for subsection (4) substitute—...
22.(1) Section 33 (risk where goods are delivered at distant...
23.(1) Section 34 (buyer's right of examining the goods) is...
24.(1) Section 35 (acceptance) is amended as follows.
25.In section 35A (right of partial rejection), after subsection (4)...
26.(1) Section 36 (buyer not bound to return rejected goods)...
27.Omit Part 5A (additional rights of buyer in consumer cases)....
28.In section 51 (damages for non-delivery), after subsection (3) insert—...
29.In section 52 (specific performance), after subsection (4) insert—
30.In section 53 (remedy for breach of warranty), after subsection...
31.In section 53A (measure of damages as respects Scotland), after...
32.(1) Section 54 (interest) is amended as follows.
33.In section 55 (exclusion of implied terms), after subsection (1)...
34.(1) Section 58 (payment into court in Scotland) is amended...
35.(1) Section 61 (interpretation) is amended as follows.
36.In section 62(2) (savings for rules of law etc), for...
Supply of Goods and Services Act 1982 (c. 29)
37.The Supply of Goods and Services Act 1982 is amended...
38.In each place— (a) for “contract for the transfer of...
39.In section 1 (the contracts concerned: transfer of property in...
40.In section 4 (implied terms about quality or fitness in...
41.In section 5A (modification of remedies for breach of statutory...
42.In section 6 (the contracts concerned: hire of goods, as...
43.In section 9 (implied terms about quality or fitness in...
44.In section 10A (modification of remedies for breach of statutory...
45.In section 11A (the contracts concerned: transfer of property in...
46.In section 11D (implied terms about quality or fitness in...
47.In section 11F (remedies for breach of contract) omit subsections...
48.In section 11G (the contracts concerned: hire of goods, as...
49.In section 11J (implied terms about quality or fitness in...
50.Omit Part 1B (additional rights of transferee in consumer cases)....
51.In section 12 (the contracts concerned: supply of services, as...
52.(1) Section 18 (interpretation: general) is amended as follows.
Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)
53.The Sale and Supply of Goods to Consumers Regulations 2002...
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
54.In Schedule 3 to the Regulatory Enforcement and Sanctions Act...
Consequential repeal and revocation
55.In consequence of the amendments made by this Schedule—
SCHEDULE 2
Consumer contract terms which may be regarded as unfair
PART 1 List of terms
1.A term which has the object or effect of excluding...
2.A term which has the object or effect of inappropriately...
3.A term which has the object or effect of making...
4.A term which has the object or effect of permitting...
5.A term which has the object or effect of requiring...
6.A term which has the object or effect of requiring...
7.A term which has the object or effect of authorising...
8.A term which has the object or effect of enabling...
9.A term which has the object or effect of automatically...
10.A term which has the object or effect of irrevocably...
11.A term which has the object or effect of enabling...
12.A term which has the object or effect of permitting...
13.A term which has the object or effect of enabling...
14.A term which has the object or effect of giving...
15.A term which has the object or effect of permitting...
16.A term which has the object or effect of giving...
17.A term which has the object or effect of limiting...
18.A term which has the object or effect of obliging...
19.A term which has the object or effect of allowing...
20.A term which has the object or effect of excluding...
PART 2 Scope of Part 1
Financial services
21.Paragraph 8 (cancellation without reasonable notice) does not include a...
22.Paragraph 11 (variation of contract without valid reason) does not...
Contracts which last indefinitely
23.Paragraphs 11 (variation of contract without valid reason), 12 (determination...
Sale of securities, foreign currency etc
24.Paragraphs 8 (cancellation without reasonable notice), 11 (variation of contract...
Price index clauses
25.Paragraphs 14 (determination of price after consumer bound) and 15...
SCHEDULE 3
Enforcement of the law on unfair contract terms and notices
Application of Schedule
1.This Schedule applies to— (a) a term of a consumer...
Consideration of complaints
2.(1) A regulator may consider a complaint about a term...
Application for injunction or interdict
3.(1) A regulator may apply for an injunction or (in...
Notification of application
4.(1) Before making an application under paragraph 3, a regulator...
Determination of application
5.(1) On an application for an injunction under paragraph 3,...
Undertakings
6.(1) A regulator may accept an undertaking from a person...
Publication, information and advice
7.(1) The CMA must arrange the publication of details of—...
Meaning of “regulator”
8.(1) In this Schedule “regulator” means— (a) the CMA,
Other definitions
9.In this Schedule— “the CMA” means the Competition and Markets...
The Financial Conduct Authority
10.The functions of the Financial Conduct Authority under this Schedule...
SCHEDULE 4
Amendments consequential on Part 2
Misrepresentation Act 1967 (c. 7)
1.(1) Section 3 of the Misrepresentation Act 1967 (avoidance of...
Unfair Contract Terms Act 1977 (c. 50)
2.The Unfair Contract Terms Act 1977 is amended as follows....
3.In section 1(2) (scope of Part 1) for “to 4”...
4.In section 2 (negligence liability), after subsection (3) insert—
5.(1) Section 3 (liability arising in contract) is amended as...
6.Omit section 4 (unreasonable indemnity clauses).
7.Omit section 5 (“guarantee” of consumer goods).
8.(1) Section 6 (sale and hire-purchase) is amended as follows....
9.(1) Section 7 (miscellaneous contracts under which goods pass) is...
10.Omit section 9 (effect of breach of contract).
11.Omit section 12 (“dealing as consumer”).
12.In section 13(1) (varieties of exemption clauses) for “and 5...
13.In section 14 (interpretation of Part 1), at the appropriate...
14.(1) Section 15 (scope of Part 2) is amended as...
15.In section 16 (liability for breach of duty), after subsection...
16.(1) Section 17 (control of unreasonable exemptions in consumer or...
17.Omit section 18 (unreasonable indemnity clauses in consumer contracts).
18.Omit section 19 (“guarantee” of consumer goods).
19.(1) Section 20 (obligations implied by law in sale and...
20.(1) Section 21 (obligations implied by law in other contracts...
21.Omit section 22 (consequence of breach of contract).
22.(1) Section 25 (interpretation of Part 2) is amended as...
23.In section 26(2) (international supply contracts) omit “or 4”.
24.(1) Section 27 (choice of law clauses) is amended as...
25.Omit section 28 (temporary provision for sea carriage of passengers)....
26.(1) Schedule 1 (scope of sections 2 to 4 and...
27.In Schedule 2 (“guidelines” for application of reasonableness test), for...
Companies Act 1985 (c. 6)
28.(1) Schedule 15D to the Companies Act 1985 (specified descriptions...
Merchant Shipping Act 1995 (c. 21)
29.In section 184 of the Merchant Shipping Act 1995 (application...
Arbitration Act 1996 (c. 23)
30.The Arbitration Act 1996 is amended as follows.
31.(1) Section 89 (application of unfair terms regulations to consumer...
32.For section 90 (regulations apply where consumer is a legal...
33.In section 91(1) (arbitration agreement unfair where modest amount sought)...
Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)
34.The Unfair Terms in Consumer Contracts Regulations 1999 are revoked....
Enterprise Act 2002 (c. 40)
35.In Schedule 15 to the Enterprise Act 2002 (enactments for...
Companies Act 2006 (c. 46)
36.The Companies Act 2006 is amended as follows.
37.(1) Section (A) of Part 2 of Schedule 2 (specified...
38.(1) Part 2 of Schedule 11A (specified descriptions of disclosures...
Consequential repeals
39.In consequence of the amendments made by this Schedule—
SCHEDULE 5
Investigatory powers etc.
PART 1 Basic concepts
Overview
1.(1) This Schedule confers investigatory powers on enforcers and specifies...
Enforcers
2.(1) In this Schedule “enforcer” means— (a) a domestic enforcer,...
Domestic enforcers
3.(1) In this Schedule “domestic enforcer” means—
EU enforcers
4.In this Schedule “EU enforcer” means— (a) the Competition and...
Public designated enforcers
5.In this Schedule “public designated enforcer” means a person or...
Unfair contract terms enforcer
6.In this Schedule “unfair contract terms enforcer” means a person...
Officers
7.(1) In this Schedule “officer”, in relation to an enforcer,...
Interpretation of other terms
8.In this Schedule— “Community infringement” has the same meaning as...
PART 2 The enforcer's legislation
Enforcer's legislation
9.(1) In this Schedule “the enforcer's legislation”, in relation to...
Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)
10.The duties and powers mentioned in paragraph 9(1)(a) are those...
Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)
11.Here is the table mentioned in paragraph 9(1)(b)— Enforcer Legislation...
Powers to amend paragraph 10 or 11
12.(1) The Secretary of State may by order made by...
PART 3 Powers in relation to the production of information
Exercise of powers in this Part
13.(1) An enforcer of a kind mentioned in this paragraph...
Power to require the production of information
14.An enforcer or an officer of an enforcer may give...
Procedure for notice under paragraph 14
15.(1) A notice under paragraph 14 must be in writing...
Enforcement of notice under paragraph 14
16.(1) If a person fails to comply with a notice...
Limitations on use of information provided in response to a notice under paragraph 14
17.(1) This paragraph applies if a person provides information in...
Application to Crown
18.In its application in relation to— (a) an enforcer acting...
PART 4 Further powers exercisable by domestic enforcers and EU enforcers
Exercise of powers in this Part: domestic enforcers
19.(1) A domestic enforcer may exercise a power in this...
Exercise of powers in this Part: EU enforcers
20.(1) Any power in this Part of this Schedule which...
Power to purchase products
21.(1) An officer of an enforcer may—
Power to observe carrying on of business etc
22.(1) An officer of an enforcer may enter premises to...
Power to enter premises without warrant
23.(1) An officer of an enforcer may enter premises at...
Application of paragraphs 25 to 31
24.Paragraphs 25 to 31 apply if an officer of an...
Power to inspect products etc
25.(1) The officer may inspect any product on the premises....
Power to test equipment
26.(1) An officer of a domestic enforcer may test any...
Power to require the production of documents
27.(1) The officer may, at any reasonable time—
Power to seize and detain goods
28.(1) The officer may seize and detain goods other than...
Power to seize documents required as evidence
29.(1) The officer may seize and detain documents.
Power to decommission or switch off fixed installations
30.(1) The power in sub-paragraph (2) is available to an...
Power to break open container etc
31.(1) The officer may, for the purpose of exercising any...
Power to enter premises with warrant
32.(1) A justice of the peace may issue a warrant...
Entry to premises under warrant
33.(1) A warrant under paragraph 32 authorises an officer of...
Power to require assistance from person on premises
34.(1) If an officer of an enforcer has entered premises...
Definitions for purposes of this Part
35.In this Part of this Schedule— “goods” has the meaning...
PART 5 Provisions supplementary to Parts 3 and 4
Offence of obstruction
36.(1) A person commits an offence if the person—
Offence of purporting to act as officer
37.(1) A person who is not an officer of an...
Access to seized goods and documents
38.(1) This paragraph applies where anything seized by an officer...
Notice of testing of goods
39.(1) Sub-paragraphs (3) and (4) apply where goods purchased by...
Appeals against detention of goods and documents
40.(1) This paragraph applies where goods or documents are being...
Compensation
41.(1) This paragraph applies where an officer of an enforcer...
Meaning of “goods” in this Part
42.In this Part of this Schedule “goods” does not include...
PART 6 Exercise of enforcement functions by area enforcers
Interpretation of this Part
43.In this Part, “area enforcer” means— (a) a local weights...
Investigatory powers
44.(1) Sub-paragraphs (3) to (6) apply in relation to an...
Civil proceedings
45.(1) Sub-paragraphs (4) to (7) apply in relation to civil...
Criminal proceedings
46.(1) A local weights and measures authority in England or...
SCHEDULE 6
Investigatory powers: consequential amendments
Registered Designs Act 1949 (c. 88)
1.(1) Section 35ZB of the Registered Designs Act 1949 (enforcement)...
Trade Descriptions Act 1968 (c. 29)
2.The Trade Descriptions Act 1968 is amended as follows.
3.In section 26 (enforcing authorities) after subsection (1) insert—
4.Omit section 27 (power to make test purchases).
5.Omit section 28 (power to enter premises and inspect and...
6.Omit section 29 (obstruction of authorised officers).
7.Omit section 30 (notice of test and intended prosecution).
8.Omit section 33 (compensation for loss, etc of goods seized...
9.(1) Section 40 (provisions as to Northern Ireland) is amended...
Hallmarking Act 1973 (c. 43)
10.(1) Section 9 of the Hallmarking Act 1973 (enforcement of...
Prices Act 1974 (c. 24)
11.(1) The Schedule to the Prices Act 1974 (enforcement) is...
Consumer Credit Act 1974 (c. 39)
12.The Consumer Credit Act 1974 is amended as follows.
13.In section 161 (enforcement authorities), after subsection (1A) insert—
14.Omit section 162 (powers of entry and inspection).
15.Omit section 163 (compensation for loss).
16.Omit section 164 (power to make test purchases etc).
17.Omit section 165 (obstruction of authorised officers).
18.In Schedule 1 (prosecution and punishment of offences) omit the...
Estate Agents Act 1979 (c. 38)
19.The Estate Agents Act 1979 is amended as follows.
20.In section 3(1)(cb) (power to make orders prohibiting unfit persons...
21.In section 9 (information for the lead enforcement authority) omit...
22.Omit section 11 (powers of entry and inspection).
23.Omit section 11A (failure to produce information).
24.In section 26 (enforcement authorities), after subsection (1) insert—
25.Omit section 27 (obstruction and personation of authorised officers).
26.(1) Paragraph 14 of Schedule 2 (applications under sections 6(1)...
Video Recordings Act 1984 (c. 39)
27.(1) Section 16A of the Video Recordings Act 1984 (enforcement)...
Weights and Measures Act 1985 (c. 72)
28.The Weights and Measures Act 1985 is amended as follows....
29.In section 38(2) (special powers of inspectors with respect to...
30.Omit section 42 (power to make test purchases).
31.Omit section 79 (general powers of inspection and entry).
32.Before section 80 insert— Investigatory powers For the investigatory powers available to a local weights and...
33.In section 80 omit “or the packaged goods regulations”.
34.In section 81(1)(b) (failure to provide assistance or information) omit...
35.(1) Section 84 (penalties) is amended as follows.
36.In paragraph 21(2)(b) of Schedule 11 (application of provisions applying...
Consumer Protection Act 1987 (c. 43)
37.The Consumer Protection Act 1987 is amended as follows.
38.In section 27 (enforcement) after subsection (3) insert—
39.Omit section 28 (test purchases).
40.(1) Section 29 (powers of search etc) is amended as...
41.(1) Section 30 (provisions supplemental to section 29) is amended...
42.In section 31(1) (power of customs officer to detain goods)...
43.In section 32(1) (obstruction of authorised officer)—
44.In section 33(1) (appeals against detention of goods) for “any...
45.In section 34(1) (compensation for seizure and detention) for “29”...
46.In section 44(4) (service of documents)— (a) omit “28(2) or”,...
Education Reform Act 1988 (c. 40)
47.(1) Section 215 of the Education Reform Act 1988 (unrecognised...
Copyright, Designs and Patents Act 1988 (c. 48)
48.The Copyright, Designs and Patents Act 1988 is amended as...
49.(1) Section 107A (enforcement of section 107 by local weights...
50.(1) Section 198A (enforcement of section 198 by local weights...
Clean Air Act 1993 (c. 11)
51.The Clean Air Act 1993 is amended as follows.
52.(1) Section 30 (regulations about motor fuel) is amended as...
53.In section 31 (regulations about sulphur content of oil fuel...
54.In section 32(4) (powers of entry not to apply in...
55.In section 49(1) (unjustified disclosures of information) after “this Act”...
56.In section 56 (rights of entry and inspection etc) after...
57.In section 58(1) (power of local authorities to obtain information)—...
Sunday Trading Act 1994 (c. 20)
58.(1) Part 1 of Schedule 2 to the Sunday Trading...
Trade Marks Act 1994 (c. 26)
59.(1) Section 93 of the Trade Marks Act 1994 (enforcement...
Olympic Symbol etc (Protection) Act 1995 (c. 32)
60.(1) Section 8A of the Olympic Symbol etc (Protection) Act...
Criminal Justice and Police Act 2001 (c. 16)
61.The Criminal Justice and Police Act 2001 is amended as...
62.In section 57(1) (retention of seized items)—
63.(1) Section 65 (meaning of legal privilege) is amended as...
64.In section 66(4) (construction of references to a search)—
65.(1) Part 1 of Schedule 1 (powers to which section...
66.(1) Part 1 of Schedule 2 (application of enactments) is...
Enterprise Act 2002 (c. 40)
67.The Enterprise Act 2002 is amended as follows.
68.Omit section 224 (power of CMA to require the provision...
69.Omit section 225 (power of other enforcer to require the...
70.Omit section 226 (procedure for notices requiring information).
71.Omit section 227 (enforcement of notices).
72.Omit section 227A (power to enter premises without warrant).
73.Omit section 227B (powers exercisable on the premises).
74.Omit section 227C (power to enter premises with warrant).
75.Omit section 227D (ancillary provisions about powers of entry).
76.Omit section 227E (obstructing, or failing to co-operate with, powers...
77.Omit section 227F (retention of documents and goods).
78.Before section 228 (but after the italic heading “Miscellaneous”) insert—...
79.In section 228 (evidence) omit subsection (4).
80.In section 236 (application of Part 8 to Crown) omit...
81.In Schedule 14 (specified functions for the purposes of Part...
Fireworks Act 2003 (c. 22)
82.(1) Section 12 of the Fireworks Act 2003 (enforcement) is...
Christmas Day (Trading) Act 2004 (c. 26)
83.(1) Section 3 of the Christmas Day (Trading) Act 2004...
Financial Services Act 2012 (c. 21)
84.(1) Section 107 of the Financial Services Act 2012 (power...
Consequential repeals and revocations
85.In consequence of the amendments made by this Schedule, the...
SCHEDULE 7
Enterprise Act 2002: enhanced consumer measures and other enforcement
1.Part 8 of the Enterprise Act 2002 (enforcement of certain...
2.In section 210 (consumers), omit subsection (5).
3.(1) Section 211 (domestic infringements) is amended as follows.
4.In section 213(5A) (CPC enforcers), for paragraph (i) substitute—
5.(1) Section 214 (consultation) is amended as follows.
6.In section 217 (enforcement orders), after subsection (10) insert—
7.In section 219 (undertakings), after subsection (5) insert—
8.After section 219 insert— Definition of enhanced consumer measures (1) In this Part, enhanced consumer measures are measures (not...
9.(1) Section 220 (further proceedings) is amended as follows.
10.In section 229 (advice and information), after subsection (1) insert—...
SCHEDULE 8
Private actions in competition law
PART 1 Competition Act 1998
1.The Competition Act 1998 is amended in accordance with this...
2.For the heading of Chapter 4 of Part 1, substitute...
3.For the cross-heading preceding section 46, substitute “ Appeals and...
4.(1) For section 47A substitute— Proceedings before the Tribunal: claims...
5.(1) For section 47B substitute— Collective proceedings before the Tribunal...
6.After section 47B (as substituted by paragraph 5) insert— Collective...
7.After section 47C (inserted by paragraph 6) insert— Proceedings under...
8.(1) After section 47D (inserted by paragraph 7) insert— Limitation...
9.(1) Section 49 (further appeals) is amended in accordance with...
10.(1) After section 49 insert— Settlements relating to infringements of...
11.(1) After section 49A (inserted by paragraph 10) insert— Collective...
12.After section 49B (inserted by paragraph 11) insert— Approval of...
13.(1) Section 58 (findings of fact by CMA) is amended...
14.(1) For section 58A substitute— Infringement decisions (1) This section applies to a claim in respect of...
15.(1) Section 59 (interpretation of Part 1) is amended in...
16.In section 71 (regulations, orders and rules), after subsection (4)(ca)...
17.(1) Schedule 8 (appeals) is amended in accordance with this...
PART 2 Enterprise Act 2002
18.The Enterprise Act 2002 is amended in accordance with this...
19.(1) Section 14 (constitution of Tribunal for particular proceedings and...
20.In section 15 (Tribunal rules), in subsection (1), at the...
21.In section 16 (transfers of certain proceedings to and from...
22.Schedule 4 (Tribunal: procedure) is amended in accordance with the...
23.In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a)...
24.After paragraph 1 insert— Enforcement of injunctions in England and...
25.In each of paragraphs 4(c) and 5(1)(c)—
26.In paragraph 6— (a) for sub-paragraph (a) substitute—
27.In paragraph 7— (a) for “specified body” substitute “ representative...
28.In paragraph 9— (a) the existing provision is numbered as...
29.In paragraph 11(2), for paragraph (a) substitute—
30.For paragraph 13 substitute— (1) Tribunal rules may provide for the Tribunal—
31.After paragraph 15 insert— Fast-track procedure (1) Tribunal rules may make provision in relation to a...
32.In paragraph 17 (conduct of the hearing)—
33.After paragraph 20 insert— Stay or sist of proceedings (1) In relation to proceedings in England and Wales or...
34.After paragraph 21 insert— Injunctions Tribunal rules may make provision in relation to the grant...
35.In paragraph 23(3), for “an individual” substitute “ a person...
36.In paragraph 25, after “transfer of” insert “ all or...
PART 3 Courts and Legal Services Act 1990
37.In the Courts and Legal Services Act 1990, in section...
SCHEDULE 9
Duty of letting agents to publicise fees: financial penalties
Notice of intent
1.(1) Before imposing a financial penalty on a letting agent...
Right to make representations
2.The letting agent may, within the period of 28 days...
Final notice
3.(1) After the end of the period mentioned in paragraph...
Withdrawal or amendment of notice
4.(1) A local weights and measures authority may at any...
Appeals
5.(1) A letting agent on whom a final notice is...
Recovery of financial penalty
6.(1) This paragraph applies if a letting agent does not...
SCHEDULE 10
Secondary ticketing: financial penalties
Notice of intent
1.(1) Before imposing a financial penalty on a person for...
Right to make representations
2.A person on whom a notice of intent is served...
Final notice
3.(1) After the end of the period mentioned in paragraph...
Withdrawal or amendment of notice
4.(1) The enforcement authority may at any time—
Appeals
5.(1) A person on whom a final notice is served...
Recovery of financial penalty
6.(1) This paragraph applies if a person does not pay...
