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SCHEDULES

SCHEDULE 3Enforcement of the law on unfair contract terms and notices

Determination of application

5(1)On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it thinks appropriate.

(2)On an application for an interdict under paragraph 3, the court may grant an interdict on such conditions, and against such of the defenders, as it thinks appropriate.

(3)The injunction or interdict may include provision about—

(a)a term or notice to which the application relates, or

(b)any term of a consumer contract, or any consumer notice, of a similar kind or with a similar effect.

(4)It is not a defence to an application under paragraph 3 to show that, because of a rule of law, a term to which the application relates is not, or could not be, an enforceable contract term.

(5)If a regulator other than the CMA makes the application, it must notify the CMA of—

(a)the outcome of the application, and

(b)if an injunction or interdict is granted, the conditions on which, and the persons against whom, it is granted.