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The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020

Consolidated Text As Enacted Cited authorities 129 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/484
(1) These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020.(2) These Regulations come into force on 2nd June 2020.(1) The Enterprise Act 2002 is amended as follows.in the words before paragraph (a) , for “Article 4(1) or 4(2) ” substitute “ Article 5(1) ”;at the end of paragraph (j) , for the full stop substitute a semi-colon;after paragraph (j) insert—
  • (k) the Department for Infrastructure;
  • (l) the Maritime and Coastguard Agency;
  • (m) the Office of Rail and Road;
  • (n) the Office for the Traffic Commissioner.
the Department for Infrastructure;the Maritime and Coastguard Agency;the Office of Rail and Road;the Office for the Traffic Commissioner.(3) For the italic heading before section 214 substitute “ Enforcement orders and interim enforcement orders ”.(4) After section 218 insert the italic heading “ Online interface orders and interim online interface orders ”.(5) After the italic heading inserted by paragraph (4) insert—
    (218ZA) Applications
  • (1) The CMA may apply for an online interface order or an interim online interface order if the CMA thinks that there has been or is likely to be a Community infringement.
  • (2) An online interface order or an interim online interface order may be sought against the person the CMA thinks has engaged, is engaging or is likely to engage in conduct which constitutes the Community infringement or against another person.
  • (3) The following courts have jurisdiction to make an online interface order or an interim online interface order—
  • (a) the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;
  • (b) 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 Northern Ireland;
  • (c) 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.
The CMA may apply for an online interface order or an interim online interface order if the CMA thinks that there has been or is likely to be a Community infringement.An online interface order or an interim online interface order may be sought against the person the CMA thinks has engaged, is engaging or is likely to engage in conduct which constitutes the Community infringement or against another person.the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;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 Northern Ireland;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.there has been or is likely to be a Community infringement,there are no other available means of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, andit is necessary to make the order to avoid the risk of serious harm to the collective interests of consumers.remove content from or modify content on an online interface;disable or restrict access to an online interface;display a warning to consumers accessing an online interface;delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the CMA.the online interface order, andwhere known, the identity of the person who has engaged, is engaging or is likely to engage in conduct which constitutes the infringement.An online interface order made by a court in one part of the United Kingdom has effect in any other part of the United Kingdom as if made by a court in that part.that it is alleged that there has been or is likely to be a Community infringement,that if the application had been an application for an online interface order it would be likely to be granted,that it is expedient to bring about the cessation or prohibition of the Community infringement immediately, andif no notice of the application has been given to the person against whom the order is sought that it is appropriate to make an interim online interface order without notice.remove content from or modify content on an online interface;disable or restrict access to an online interface;display a warning to consumers accessing an online interface;delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the CMA.An application for an interim online interface order against a person may be made at any time before an application for an online interface order against the person in respect of the same infringement is determined.which are known to the CMA, andwhich are material to the question whether or not the application is granted.If an application for an interim online interface order is made without notice the application must state why no notice has been given.the CMA;the person against whom it is made.An interim online interface order against a person is discharged on the determination of an application for an online interface order made against the person in respect of the same infringement.An interim online interface order made by a court in one part of the United Kingdom has effect in any other part of the United Kingdom as if made by a court in that part.In sections 218ZA to 218ZC, “online interface” means any software, including a website, part of a website or an application, that is operated by or on behalf of a trader, and which serves to give consumers access to the trader's goods and services.In subsection (1) , “trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.enforcement orders,interim enforcement orders, orundertakings,(6) Before section 218A insert the italic heading “ Enforcement procedure: supplementary ”.in subsection (1) , for “an enforcement order or for an interim enforcement order” substitute “ an enforcement order, an interim enforcement order, an online interface order or an interim online interface order ”;in subsection (2) , for “the person named in

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