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Enterprise Act 2002

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Enterprise Act 2002, Section 215 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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215 ApplicationsU.K.

This section has no associated Explanatory Notes

(1)An application for an enforcement order must name the person the enforcer thinks—

(a)has engaged or is engaging in conduct which constitutes a domestic or a [F1Schedule 13 infringement], or

(b)is likely to engage in conduct which constitutes a [F1Schedule 13 infringement].

(2)A general enforcer may make an application for an enforcement order in respect of any infringement.

(3)A designated enforcer may make an application for an enforcement order in respect of an infringement to which his designation relates.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(4A)A [F4Schedule 13 enforcer] may make an application for an enforcement order in respect of a [F5Schedule 13 infringement].]

(5)The following courts have jurisdiction to make an enforcement order—

[F6(za)the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;]

(a)the High Court or a county court if the person against whom the order is sought carries on business or has a place of business in F7...Northern Ireland;

(b)the Court of Session or the sheriff if the person against whom the order is sought carries on business or has a place of business in Scotland.

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An enforcer which is not the [F11CMA] must notify the [F11CMA] of the result of an application under this section.

Textual Amendments

F6S. 215(5)(za) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 81(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7Words in s. 215(5)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 81(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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