SCHEDULES
SCHEDULE 3Enforcement of the law on unfair contract terms and notices
Determination of application
I15
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.