The Financial Services (Distance Marketing) Regulations 2004

Injunctions to secure compliance with these Regulations

19.—(1) Subject to paragraph (2), an enforcement authority may apply for an injunction (including an interim injunction) against any person who appears to that authority to be responsible for a breach.

(2) An enforcement authority, other than the OFT or the Authority, may apply for an injunction only where—

(a) that authority has notified the OFT, at least fourteen days before the date on which the application is to be made, of its intention to apply; or

(b) the OFT consents to the application being made within a shorter period.

(3) On an application made under this regulation, the court may grant an injunction on such terms as it thinks fit to secure compliance with these Regulations.

(4) An enforcement authority which has a duty under regulation 18 to consider a complaint shall give reasons for its decision to apply or not to apply, as the case may be, for an injunction.

(5) In deciding whether or not to apply for an injunction in respect of a breach, an enforcement authority may, if it considers it appropriate to do so, have regard to any undertaking as to compliance with these Regulations given to it or to another enforcement authority by or on behalf of any person.

(6) In the application of this regulation to Scotland, for references to an “injunction” or an “interim injunction” there are substituted references to an “interdict” or an “interim interdict” respectively.