Consumer Rights Act 2015

15 (1) Section 59 (interpretation of Part 1) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), at the appropriate places insert—

““class member” has the meaning given in section 47B(8)(a);”;

““collective proceedings” has the meaning given in section 47B(1);”;

““collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;”;

““infringement decision”, except in section 49C, has the meaning given in section 47A(6);”;

““injunction” includes an interim injunction;”;

““opt-in collective proceedings” has the meaning given in section 47B(10);”;

““opt-out collective proceedings” has the meaning given in section 47B(11);”;

““representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;”;

““represented person” means a class member who—

(a) has opted in to opt-in collective proceedings,

(b) was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or

(c) has opted in to opt-out collective proceedings;”.

(3) In subsection (1), in the definition of “the court”, before “58” insert “ 49E, ”.

(4) After subsection (1) insert—

“(1A) In this Part, in respect of proceedings in Scotland, “defendant” is to be read as “defender”.

(1B) Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.”

Commencement Information

I1 Sch. 8 para. 15 in force at 1.10.2015 by S.I. 2015/1630, art. 3(j)