Enterprise Act 2002 (repealed)

210 ConsumersF1 U.K.

(1) In this Part references to consumers must be construed in accordance with this section.

(2) In relation to a domestic infringement a consumer is an individual in respect of whom the first and second conditions are satisfied.

(3) The first condition is that—

(a) goods are or are sought to be supplied to the individual (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, or

(b) services are or are sought to be supplied to the individual in the course of a business carried on by the person supplying or seeking to supply them.

(4) The second condition is that—

(a) the individual receives or seeks to receive the goods or services otherwise than in the course of a business carried on by him, or

(b) the individual receives or seeks to receive the goods or services with a view to carrying on a business but not in the course of a business carried on by him.

(5) For the purposes of a domestic infringement it is immaterial whether a person supplying goods or services has a place of business in the United Kingdom.

(6) In relation to a Community infringement a consumer is a person who is a consumer for the purposes of—

(a) the Injunctions Directive, and

(b) the listed Directive concerned.

(7) A Directive is a listed Directive—

(a) if it is a Directive of the Council of the European Communities or of the European Parliament and of the Council, and

(b) if it is specified in Schedule 13 or to the extent that any of its provisions is so specified.

(8) A business includes—

(a) a professional practice;

(b) any other undertaking carried on for gain or reward;

(c) any undertaking in the course of which goods or services are supplied otherwise than free of charge.

(9) The Secretary of State may by order modify Schedule 13.

(10) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments applied to the whole legislation

F1 Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]