Injunctions to secure compliance with these RegulationsU.K.
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 [F1relevant regulator] F2..., may apply for an injunction only where—
(a)that authority has notified the [F1relevant regulator], at least fourteen days before the date on which the application is to be made, of its intention to apply; or
(b)the [F1relevant regulator] 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.
Textual Amendments
F1Words in reg. 19(2) substituted (26.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014 (S.I. 2014/208), arts. 1(3)(4), 3(5)(a)
F2Words in reg. 19(2) omitted (26.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014 (S.I. 2014/208), arts. 1(3)(4), 3(5)(b)