(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.
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F2or the listed Regulation] concerned.
(7)A Directive is a listed Directive—
(a)if it is a Directive of the Council of the [F3European Union] 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.
[F4(7A)A Regulation is a listed Regulation—
(a)if it is a Regulation of the Council of the [F3European Union] 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
F1S. 210(5) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 7 para. 2 (with s. 79(2)); S.I. 2015/1630, art. 3(i)
F2Words in s. 210(6)(b) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 4
F3Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3), 4(2), 6(4)(5))
F4S. 210(7A) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 5