Part 8 U.K.Enforcement of certain consumer legislation

[F1 Enforcement procedure: supplementary] U.K.

Textual Amendments

F1 S. 218A crossheading inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(6) (with reg. 8)

[F2 219ADefinition of enhanced consumer measures U.K.

(1) In this Part, enhanced consumer measures are measures (not excluded by subsection (5)) falling within—

(a) the redress category described in subsection (2),

(b) the compliance category described in subsection (3), or

(c) the choice category described in subsection (4).

(2) The measures in the redress category are—

[F3 (a) measures offering compensation or other redress to consumers—

(i) who have suffered loss as a result of the conduct which has given rise to the enforcement order or undertaking, or

(ii) where that conduct constitutes a [F4 Schedule 13 infringement], who have been affected in any other way by that conduct.]

[F5 (b) where the conduct which has given rise to the enforcement order or undertaking relates to a contract, measures offering consumers falling within paragraph (a)(i) or (ii) the option to terminate (but not vary) that contract,]

(c) where [F6 consumers falling within paragraph (a)(i) or (ii)] cannot be identified, or cannot be identified without disproportionate cost to the subject of the enforcement order or undertaking, measures intended to be in the collective interests of consumers.

(3) The measures in the compliance category are measures intended to prevent or reduce the risk of the occurrence or repetition of the conduct to which the enforcement order or undertaking relates (including measures with that purpose which may have the effect of improving compliance with consumer law more generally).

(4) The measures in the choice category are measures intended to enable consumers to choose more effectively between persons supplying or seeking to supply goods or services.

(5) The following are not enhanced consumer measures—

(a) a publication requirement included in an enforcement order as described in section 217(8),

(b) a publication requirement included in an undertaking accepted by the court as described in section 217(10), or

(c) a publication requirement included in an undertaking accepted by a [F7 Schedule 13 enforcer] as described in section 219(5A)(a).]

Textual Amendments

F2 Ss. 219A-219C inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 7 para. 8 (with s. 79(2)); S.I. 2015/1630, art. 3(i)

F3 S. 219A(2)(a) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(9)(a) (with reg. 8)

F4 Words in s. 219A(2)(a)(ii) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(12)(a) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(d)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F5 S. 219A(2)(b) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(9)(b) (with reg. 8)

F6 Words in s. 219A(2)(c) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(9)(c) (with reg. 8)

F7 Words in s. 219A(5)(c) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(12)(b) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(d)(8)); 2020 c. 1, Sch. 5 para. 1(1)