- a consumer offence
means—
- a loss case
means a case in which— a subsection (1) of that section applies (a finding that a person has engaged in conduct which constitutes an infringement), and b consumers have suffered loss as a result of that conduct. 10 In the case of an undertaking under section 219, “a loss case” means a case in which— a subsection (3)(a) or (b) of that section applies (a belief that a person has engaged or is engaging in conduct which constitutes an infringement), and b consumers have suffered loss as a result of that conduct. 219C 1 An enforcement order made on the application of a designated enforcer which is not a public body may require a person to take enhanced consumer measures only if the following conditions are satisfied. 2 An undertaking given under section 217(9) following an application for an enforcement order made by a designated enforcer which is not a public body, or an undertaking given to such an enforcer under section 219, may include a further undertaking by a person to take enhanced consumer measures only if the following conditions are satisfied. 3 The first condition is that the enforcer is specified for the purposes of this section by order made by the Secretary
- a section 47B claim
means a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings.”
- an undertaking as to damages
means an undertaking to pay damages which a person sustains as a result of the interim injunction and which the Tribunal considers the person to whom the injunction is granted should pay. 15B 1 Tribunal rules may make provision in relation to collective proceedings under section 47B of the 1998 Act. 2 Rules under sub-paragraph (1) must in particular make provision as to the following matters— a the procedure governing an application for a collective proceedings order;
- appeal
includes an application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26)) (statements of case).
- approved scheme
means a redress scheme approved by the CMA, • “compensating party” means a person offering compensation under an approved scheme, • “infringement decision” means— (a) a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, or (b) a decision of the Commission that the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, and • “redress scheme” means a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person. 12 For the purposes of this section and section 49E, “compensa
- area enforcer
means—
- assured tenancy
means a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where— (a) the landlord is— (i) a private registered provider of social housing, (ii) a registered social landlord, or (iii) a fully mutual housing association, or (b) the tenancy is a long lease;
- average consumer
means a consumer who is reasonably well-informed, observant and circumspect.
- Business
includes the activities of any government department or local or public authority.
- charity
means a body, or the trustees of a trust, established for charitable purposes only;
- chief finance officer
has the same meaning as in section 5 of the Local Government and Housing Act 1989.
- client money protection scheme
means a scheme which enables a person on whose behalf a letting agent holds money to be compensated if all or part of that money is not repaid to that person in circumstances where the scheme applies;
- communications
means—
- compensating party
means a person offering compensation under an approved scheme, • “infringement decision” means— (a) a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, or (b) a decision of the Commission that the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, and • “redress scheme” means a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person. 12 For the purposes of this section and section 49E, “compensation”— a may be monetary or non-monetary, and b may be offered t
- conditional sales contract
has the meaning given in section 5(3);
- Consumer
means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
- consumer code
means a code of practice or other document (however described) intended, with a view to safeguarding or promoting the interests of consumers, to regulate by any means the conduct of persons engaged in the supply of goods or services to consumers (or the conduct of their employees or representatives), and • “representative body” means an organisation established to represent the interests of two or more businesses in a particular sector or area, and for this purpose “business” has the meaning it bears in section 210.”
- consumer contract
has the meaning given by section 61(3);
- consumer notice
has the meaning given by section 61(7);
- consumer protection measures
includes such legislation, rules of law, codes of practice and guidance as the Secretary of State considers relate to the rights of consumers or the protection of their interests.
- Consumer Rights Directive
means Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;
- container
means anything in which goods may be stored.
- contract-holder
has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act) and includes a person who proposes to be a contract-holder under an occupation contract because the occupation contract has come to an end;
- court
means— (a) in relation to England and Wales, the High Court or the county court, (b) in relation to Northern Ireland, the High Court or a county court, and (c) in relation to Scotland, the Court of Session or the sheriff;
- credit brokerage
means— (a) introducing individuals who want to obtain credit to persons carrying on any business so far as it relates to the provision of credit, (b) introducing individuals who want to obtain goods on hire to persons carrying on a business which comprises or relates to supplying goods under a contract for the hire of goods, or (c) introducing individuals who want to obtain credit, or to obtain goods on hire, to other persons engaged in credit brokerage;
- credit-broker
means a person acting in the course of a business of credit brokerage carried on by that person;
- damages
(except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses);
- damages-based agreement
has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.”
- delivery
means voluntary transfer of possession from one person to another;
- Digital content
means data which are produced and supplied in digital form.
- distance supplier
means— (a) a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004 (SI 2004/2095), or (b) a supplier of unsolicited financial services within the meaning of regulation 15 of those regulations;
- document
includes information recorded in any form;
- domestic enforcer
means—
- enactment
includes— (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, (b) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, (c) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- enforcement authority
means— (a) the Competition and Markets Authority, (b) a local weights and measures authority in Great Britain, and (c) the Department of Enterprise, Trade and Investment in Northern Ireland.
- enforcement order
means an order under section 156 of the Digital Markets, Competition and Consumers Act 2024;
- enforcer
means—
- final enforcement notice
means a notice under paragraph 16C(2) of this Schedule;
- final notice
has the meaning given by paragraph 3(2) of Schedule 9.
- firm
means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;
- fully mutual housing association
has the same meaning as in Part 1 of the Housing Associations Act 1985 (see section 1(1) and (2) of that Act);
- Goods
means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.
- infringement decision
means— a a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, b a decision of the Tribunal on an appeal from a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, or c a decision of the Commission that the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed.”
- injunction
includes an interim injunction;
- interdict
includes an interim interdict.
- interim enforcement order
means an order under section 159 of that Act;
- interim online interface order
means an order under section 162 of that Act;
- intermediary
has the same meaning as in the Financial Services (Distance Marketing) Regulations 2004;
- landlord
includes a person who proposes to be a landlord under a tenancy or an occupation contract and a person who has ceased to be a landlord under a tenancy or an occupation contract because the tenancy has come to an end;
- lead enforcement authority
has the meaning given by section 24(1) of the Tenant Fees Act 2019.
- letting agency work
means things done by a person in the course of a business in response to instructions received from—
- letting agent
means a person who engages in letting agency work (whether or not that person engages in other work).
- local authority
means—
- long lease
means a lease which— (a) in relation to England— (a) is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), or (b) in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within sub-paragraph (a)(i) of this definition if the tenant’s total share (within the meaning given by that section) were 100%;
- mandatory statutory or regulatory provisions
includes rules which, according to law, apply between the parties on the basis that no other arrangements have been established.
- negligence
means the breach of—
- notice
includes an announcement, whether or not in writing, and any other communication or purported communication.
- notice of exemption
means a notice issued under paragraph 9 as it stood before section 78 of the Consumer Rights Act 2015 came into force.”
- occupation contract
has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act) except where— (a) the landlord is— (a) a private registered provider of social housing, (b) a registered social landlord, or (c) a fully mutual housing association, or (b) the tenancy is a long lease;
- official
means— (a) in the case of a company, a director, manager, secretary or other similar officer, (b) in the case of a limited liability partnership, a member, (c) in the case of a partnership other than a limited liability partnership, a partner, and (d) in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.
- online interface order
means an order under section 161 of that Act;
- parent undertaking
has the meaning given by section 1162 of the Companies Act 2006;
- penalty
means a penalty imposed under paragraph 16A or 16C;
- personal injury
includes any disease and any impairment of physical or mental condition.
- premises
includes any stall, vehicle, vessel or aircraft;
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, and (d) Northern Ireland legislation.
- private designated enforcer
means a person or body which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act).
- proceedings
includes a reference to those proceedings.”
- product
means— (a) goods, (b) a service, (c) digital content, as defined in section 2(9), (d) immovable property, or (e) rights or obligations.
- public authority
has the same meaning as in section 6 of the Human Rights Act 1998.
- public designated enforcer
means a person or body which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(1) of that Act), but for this purpose does not include—
- redress scheme
means a redress scheme for which provision is made by order under section 83 or 84 of the Enterprise and Regulatory Reform Act 2013. • “third party website”, in relation to a letting agent, means a website other than the agent's website.
- registered social landlord
means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996;
- Regulation (EU) 2017/745 on medical devices
means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC. • “Regulation (EU) 2017/746 on in vitro diagnostic medical devices” means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;
- Regulation (EU) 2017/746 on in vitro diagnostic medical devices
means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;
- regulator
means—
- relevant infringement
means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.
- relevant medical device
means—
- relevant notice
has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024.
- relevant person
means—
- representative body
means an organisation established to represent the interests of two or more businesses in a particular sector or area, and for this purpose “business” has the meaning it bears in section 210.”
- routine inspection
means an exercise of the power in sub-paragraph (1) other than where—
- rule
means a rule made by the Financial Conduct Authority or the Prudential Regulation Authority under the Financial Services and Markets Act 2000 or by a designated professional body within the meaning of section 326(2) of that Act.
- secondary ticketing facility
means an internet-based facility for the re-sale of tickets for recreational, sporting or cultural events;
- settlement representative
means a person who is authorised by a collective settlement order to act in relation to a collective settlement.”
- specified
means specified in a direction made by the Tribunal.”
- statutory rate
means the rate for the time being specified in section 17 of the Judgments Act 1838.
- subsidiary undertaking
has the meaning given by section 1162 of the Companies Act 2006;
- tenant
includes a person who proposes to be a tenant under a tenancy and a person who has ceased to be a tenant under a tenancy because the tenancy has come to an end.
- the appropriate court
means—
- the appropriate national authority
means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Welsh Ministers;
- the CMA
means the Competition and Markets Authority;
- the court
has the same meaning as in paragraph 16;
- the Distance Marketing Directive
means Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC;
- the Market Surveillance Regulation
means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011;
- the original contract
means the contract for the sale of the ticket by an organiser of the event to a person other than an organiser of the event.
- the Part
means Part 2 (unfair terms) of the Consumer Rights Act 2015.”
- Trader
means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
- undertaking
has the meaning given by section 1161(1) of the Companies Act 2006.
- unfair contract terms enforcer
means a person or body which—
- United Kingdom national
means—
- working day
means a day other than— (a) Saturday or Sunday, (b) Christmas Day or Good Friday, or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated.