Consumer Rights Act 2015

• (4) An application under this paragraph may be made in Scotland by summary application to the sheriff.

• (5) On an application under this paragraph, the court or sheriff may make an order requiring goods to be released only if satisfied that condition A or B is met.

• (6) Condition A is that—

• (a) no proceedings have been brought—

• (i) for an offence as the result of the investigation in the course of which the goods or documents were seized, or

• (ii) for the forfeiture of the goods or documents or (in the case of seized documents) any goods to which the documents relate, and

• (b) the period of 6 months beginning with the date the goods or documents were seized has expired.

• (7) Condition B is that—

• (a) proceedings of a kind mentioned in sub-paragraph (6)(a) have been brought, and

• (b) those proceedings have been concluded without the goods or documents being forfeited.

• (8) A person aggrieved by an order made under this paragraph by a magistrates' court, or by the decision of a magistrates' court not to make such an order, may appeal against the order or decision—

• (a) in England and Wales, to the Crown Court;

• (b) in Northern Ireland, to a county court.

• (9) An order made under this paragraph by a magistrates' court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

• (10) In sub-paragraph (9) “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).

Compensation

41

• (1) This paragraph applies where an officer of an enforcer has seized and detained goods under Part 4 of this Schedule for a purpose within paragraph 19(5)(a) or 20(5)(a).

• (2) The enforcer must pay compensation to any person with an interest in the goods in respect of any loss or damage caused by the seizure and detention, if the condition in sub-paragraph (3) or (4) that is relevant to the enforcer is met.

• (3) The condition that is relevant to a domestic enforcer is that—

• (a) the goods have not disclosed a breach of the enforcer's legislation, and

• (b) the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

• (4) The condition that is relevant to an authorised enforcer for the purposes of Part 4 of this Schedule (see paragraph 20(7)) is that—

• (a) the goods have not disclosed a relevant infringement (as defined by paragraph 20(8)) or a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d), and

• (b) the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

• (5) Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined—

• (a) in England and Wales or Northern Ireland, by arbitration, or

• (b) in Scotland, by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

Meaning of “goods” in this Part

42

In this Part of this Schedule “goods” does not include a document.

PART 6 — Exercise of enforcement functions by area enforcers

Interpretation of this Part

43

In this Part, “area enforcer” means—

• (a) a local weights and measures authority in Great Britain,

• (b) a district council in England, or

• (c) a district council in Northern Ireland.

Investigatory powers

44

• (1) Sub-paragraphs (3) to (6) apply in relation to an area enforcer's exercise, in accordance with this Schedule, of a power in Part 3 or 4 of this Schedule.

• (2) Sub-paragraphs (3) to (6) also apply in relation to an area enforcer's exercise of an investigatory power—

• (a) conferred by legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce, or conferred by legislation under which such legislation is made, or

• (b) conferred by legislation listed in the second column of the table in paragraph 11 of this Schedule,

for the purpose of ascertaining whether there has been a breach of that legislation or of any notice issued by the area enforcer under that legislation.

• (3) A local weights and measures authority in England or Wales may exercise the power in a part of England or Wales which is outside that authority's area.

• (4) A local weights and measures authority in Scotland may exercise the power in a part of Scotland which is outside that authority's area.

• (5) A district council in England may exercise the power in a part of England which is outside that council's district.

• (6) A district council in Northern Ireland may exercise the power in a part of Northern Ireland which is outside that council's district.

Civil proceedings

45

• (1) Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under—

• (a) Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024,

• (b) Schedule 3 to this Act,

• (c) legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce,

• (d) legislation under which legislation mentioned in paragraph (c) is made, or

• (e) legislation listed in the second column of the table in paragraph 11 of this Schedule.

• (2) Sub-paragraphs (4) to (7) also apply in relation to an application for forfeiture which may be made by an area enforcer, in circumstances where there are no related criminal proceedings,—

• (a) under section 35ZC of the Registered Designs Act 1949,

• (b) under section 16 of the Consumer Protection Act 1987,

• (c) under section 97 of the Trade Marks Act 1994 (including as applied by section 11 of the Olympic Symbol etc (Protection) Act 1995), or

• (d) under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce.

• (3) In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings includes a reference to an application mentioned in sub-paragraph (2).

• (4) A local weights and measures authority in England or Wales may bring civil proceedings in respect of conduct in a part of England or Wales which is outside that authority's area.

• (5) A local weights and measures authority in Scotland may bring civil proceedings in respect of conduct in a part of Scotland which is outside that authority's area.

• (6) A district council in England may bring civil proceedings in respect of conduct in a part of England which is outside that council's district.

• (7) A district council in Northern Ireland may bring civil proceedings in respect of conduct in a part of Northern Ireland which is outside that council's district.

Criminal proceedings

46

• (1) A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area.

• (2) In sub-paragraph (1) “a consumer offence” means—

• (a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,

• (b) an offence under legislation under which legislation within paragraph (a) is made,

• (c) an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,

• (d) an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or

• (e) an offence described in paragraph 36 or 37 of this Schedule.

• (3) A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council's district.

• (4) In sub-paragraph (3) “a consumer offence” means—

• (a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,

• (b) an offence under legislation under which legislation within paragraph (a) is made,

• (c) an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

• (d) an offence described in paragraph 36 or 37 of this Schedule.

• (5) A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council's district.

• (6) In sub-paragraph (5) “a consumer offence” means—

• (a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,

• (b) an offence under legislation under which legislation within paragraph (a) is made,

• (c) an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

• (d) an offence described in paragraph 36 or 37 of this Schedule.

SCHEDULE 6

Registered Designs Act 1949 (c. 88)

1

• (1) Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended as follows.

• (2) Omit subsection (1).

• (3) Before subsection (2) insert—

(1A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the enforcement of section 35ZA, see Schedule 5 to the Consumer Rights Act 2015.

Trade Descriptions Act 1968 (c. 29)

2

The Trade Descriptions Act 1968 is amended as follows.

3

In section 26 (enforcing authorities) after subsection (1) insert—

(1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

4

Omit section 27 (power to make test purchases).

5

Omit section 28 (power to enter premises and inspect and seize goods and documents).

6

Omit section 29 (obstruction of authorised officers).

7

Omit section 30 (notice of test and intended prosecution).

8

Omit section 33 (compensation for loss, etc of goods seized under section 28).

9

• (1) Section 40 (provisions as to Northern Ireland) is amended as follows.

• (2) In subsection (1), omit paragraph (c).

• (3) After subsection (1) insert—

(1A) For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1)(b), see Schedule 5 to the Consumer Rights Act 2015.

Hallmarking Act 1973 (c. 43)

10

• (1) Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as follows.

• (2) After subsection (2) insert—

(2A) For the investigatory powers available to a local weights and measures authority, the Council and an assay office for the purposes of the duty in subsection (1) and the power in subsection (2), see Schedule 5 to the Consumer Rights Act 2015.

• (3) Omit subsections (3), (4) and (7).

Prices Act 1974 (c. 24)

11

• (1) The Schedule to the Prices Act 1974 (enforcement) is amended as follows.

• (2) Omit paragraphs 3, 7, 9 and 10.

• (3) In paragraph 14(1) omit “and paragraph 10 above shall be omitted”.

• (4) After paragraph 14 insert—

(15) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in paragraph 6, see Schedule 5 to the Consumer Rights Act 2015.

Consumer Credit Act 1974 (c. 39)

12

The Consumer Credit Act 1974 is amended as follows.

13

In section 161 (enforcement authorities), after subsection (1A) insert—

(1B) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

14

Omit section 162 (powers of entry and inspection).

15

Omit section 163 (compensation for loss).

16

Omit section 164 (power to make test purchases etc).

17

Omit section 165 (obstruction of authorised officers).

18

In Schedule 1 (prosecution and punishment of offences) omit the entries for sections 162(6), 165(1) and 165(2).

Estate Agents Act 1979 (c. 38)

19

The Estate Agents Act 1979 is amended as follows.

20

In section 3(1)(cb) (power to make orders prohibiting unfit persons from doing estate agency work: failure to comply with section 9(1) or 11(1A)(b)) for “section 9(1) or 11(1A)(b) below” substitute “ paragraph 14 or 27 of Schedule 5 to the Consumer Rights Act 2015 ”.

21

In section 9 (information for the lead enforcement authority) omit subsections (1) to (4).

22

Omit section 11 (powers of entry and inspection).

23

Omit section 11A (failure to produce information).

24

In section 26 (enforcement authorities), after subsection (1) insert—

(1A) For the investigatory powers available to an authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

25

Omit section 27 (obstruction and personation of authorised officers).

26

• (1) Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is amended as follows.

• (2) For “section 9 of this Act” substitute “ paragraph 14 of Schedule 5 to the Consumer Rights Act 2015 ”.

• (3) Omit “or the production of documents”.

Video Recordings Act 1984 (c. 39)

27

• (1) Section 16A of the Video Recordings Act 1984 (enforcement) is amended as follows.

• (2) Omit subsections (1A), (1B) and (2).

• (3) In subsection (4)—

• (a) for “Subsections (1) and (1A)” substitute “ Subsection (1) ”, and

• (b) omit the words from “For that purpose” to the end of the subsection.

• (4) After that subsection insert—

(4ZA) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the functions in this section, see Schedule 5 to the Consumer Rights Act 2015.

• (5) Omit subsection (4A).

Weights and Measures Act 1985 (c. 72)

28

The Weights and Measures Act 1985 is amended as follows.

29

In section 38(2) (special powers of inspectors with respect to certain goods) for “section 79 below” substitute “ Schedule 5 to the Consumer Rights Act 2015 ”.

30

Omit section 42 (power to make test purchases).

31

Omit section 79 (general powers of inspection and entry).

32

Before section 80 insert—

(79A) For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.

33

In section 80 omit “or the packaged goods regulations”.

34

In section 81(1)(b) (failure to provide assistance or information) omit “or under this Part of this Act”.

35

• (1) Section 84 (penalties) is amended as follows.

• (2) In subsection (2), after the entry for section 20(8) insert—

section 80; section 81(1); section 81(2);

.

• (3) Omit subsection (5).

36

In paragraph 21(2)(b) of Schedule 11 (application of provisions applying to inspectors to persons authorised under the Weights and Measures Act 1963) omit “and except in section 79(3)”.

Consumer Protection Act 1987 (c. 43)

37

The Consumer Protection Act 1987 is amended as follows.

38

In section 27 (enforcement) after subsection (3) insert—

(3A) For the investigatory powers available to a person for the purposes of the duty imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015 (as well as section 29).

39

Omit section 28 (test purchases).

40

• (1) Section 29 (powers of search etc) is amended as follows.

• (2) In subsection (1) for “any of the powers conferred by the following provisions of this section” substitute “ the power conferred by subsection (4) ”.

• (3) Omit subsections (2), (3), (5) and (6).

• (4) In subsection (7) omit—

• (a) “, (5) or (6)”, and

• (b) “or records”.

41

• (1) Section 30 (provisions supplemental to section 29) is amended as follows.

• (2) In subsection (1)—

• (a) for “29” substitute “ 29(4) ”, and

• (b) omit “or records” in both places.

• (3) In subsection (2)(a)(i)—

• (a) omit “goods or”, and

• (b) for “29” substitute “ 29(4) ”.

• (4) In subsection (3) omit “section 29 above or”.

• (5) In each of subsections (5), (6) and (7) for “29” substitute “ 29(4) ”.

42

In section 31(1) (power of customs officer to detain goods) for “or under this Part” substitute “ section 29(4) of this Act or Schedule 5 to the Consumer Rights Act 2015 ”.

43

In section 32(1) (obstruction of authorised officer)—

• (a) in paragraph (a)—

• (i) for “any provision of this Part” substitute “ section 29(4) ”, and

• (ii) for “so acting” substitute “ acting in pursuance of section 31 ”,

• (b) in paragraph (b) for “any provision of this Part” substitute “ section 29(4) ”, and

• (c) in paragraph (c) for “any provision of this Part” substitute “ section 29(4) ”.

44

In section 33(1) (appeals against detention of goods) for “any provision of this Part” substitute “ section 29(4) ”.

45

In section 34(1) (compensation for seizure and detention) for “29” substitute “ 29(4) ”.

46

In section 44(4) (service of documents)—

• (a) omit “28(2) or”, and

• (b) omit “purchased or” in each place.

Education Reform Act 1988 (c. 40)

47

• (1) Section 215 of the Education Reform Act 1988 (unrecognised degrees: enforcement) is amended as follows.

• (2) After that section insert—

(1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty to enforce imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

• (3) Omit subsections (2) to (8).

Copyright, Designs and Patents Act 1988 (c. 48)

48

The Copyright, Designs and Patents Act 1988 is amended as follows.

49

• (1) Section 107A (enforcement of section 107 by local weights and measures authority) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

• (4) After that subsection insert—

(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.

50

• (1) Section 198A (enforcement of section 198 by local weights and measures authority) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

• (4) After that subsection insert—

(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.

Clean Air Act 1993 (c. 11)

51

The Clean Air Act 1993 is amended as follows.

52

• (1) Section 30 (regulations about motor fuel) is amended as follows.

• (2) Omit subsection (5).

• (3) Before subsection (6) insert—

(5A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (4), see Schedule 5 to the Consumer Rights Act 2015.

• (4) Omit subsection (8).

• (5) Before subsection (9) insert—

(8A) For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (7), see Schedule 5 to the Consumer Rights Act 2015.

53

In section 31 (regulations about sulphur content of oil fuel for furnaces or engines) after subsection (4) insert—

(4A) For the investigatory powers available to a local authority for the purposes of the duty in subsection (4)(a), see Schedule 5 to the Consumer Rights Act 2015.

54

In section 32(4) (powers of entry not to apply in relation to persons in the public service of the Crown) for “sections 56 to 58 (rights of entry and inspection and other local authority powers)” substitute “ Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) ”.

55

In section 49(1) (unjustified disclosures of information) after “this Act” insert “ or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2015 for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act ”.

56

In section 56 (rights of entry and inspection etc) after subsection (6) insert—

(7) This section does not apply in relation to— (a) a function conferred on a local authority by Part 4, or (b) a provision of an instrument made under that Part.

57

In section 58(1) (power of local authorities to obtain information)—

• (a) omit “IV or”, and

• (b) for “those Parts” substitute “ that Part ”.

Sunday Trading Act 1994 (c. 20)

58

• (1) Part 1 of Schedule 2 to the Sunday Trading Act 1994 (general enforcement provisions) is amended as follows.

• (2) Omit paragraphs 3 and 4.

• (3) Before paragraph 5 insert—

(4A) For the investigatory powers available to a local authority and the inspectors appointed by it under paragraph 2 for the purposes of the duty in paragraph 1, see Schedule 5 to the Consumer Rights Act 2015.

Trade Marks Act 1994 (c. 26)

59

• (1) Section 93 of the Trade Marks Act 1994 (enforcement function of local weights and measures authority) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

• (4) After that subsection insert—

(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.

Olympic Symbol etc (Protection) Act 1995 (c. 32)

60

• (1) Section 8A of the Olympic Symbol etc (Protection) Act 1995 is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (3) omit paragraph (b) and the “and” immediately preceding that paragraph.

• (4) After that subsection insert—

(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the powers in this section, see Schedule 5 to the Consumer Rights Act 2015.

Criminal Justice and Police Act 2001 (c. 16)

61

The Criminal Justice and Police Act 2001 is amended as follows.

62

In section 57(1) (retention of seized items)—

• (a) omit paragraphs (d), (g) and (pa), and

• (b) after paragraph (r) insert—

(s) paragraphs 28(7) and 29(8) of Schedule 5 to the Consumer Rights Act 2015

.

63

• (1) Section 65 (meaning of legal privilege) is amended as follows.

• (2) Omit subsections (6) and (8A).

• (3) Before subsection (9) insert—

(8B) An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 27(1)(b) or 29(1) of Schedule 5 to the Consumer Rights Act 2015 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 27(6) or (as the case may be) 29(6) of that Schedule (privileged documents).

• (4) In subsection (9)—

• (a) omit paragraph (c),

• (b) at the end of paragraph (d) insert “ or ”, and

• (c) omit paragraph (f) and the “or” immediately preceding that paragraph.

64

In section 66(4) (construction of references to a search)—

• (a) omit paragraphs (a), (c), (d), (e), (f), (g), (ma), (q), (r) and (s),

• (b) in paragraph (h) for “29” substitute “ 29(4) ”,

• (c) in paragraph (o) for “22” substitute “ 22(4) ”, and

• (d) after paragraph (p) insert—

(t) Part 4 of Schedule 5 to the Consumer Rights Act 2015

.

65

• (1) Part 1 of Schedule 1 (powers to which section 50 applies) is amended as follows.

• (2) Omit—

• (a) paragraph 9,

• (b) paragraph 16,

• (c) paragraph 18,

• (d) paragraph 19,

• (e) paragraph 24,

• (f) paragraph 36,

• (g) paragraph 73BA,

• (h) the first paragraph 73G,

• (i) the second paragraph 73J,

• (j) the second paragraph 73K,

• (k) paragraph 73N, and

• (l) paragraph 73O.

• (3) In paragraph 45 for “29(4), (5) and (6)” substitute “ 29(4) ”.

• (4) In the second paragraph 73G for “22(4) to (6)” substitute “ 22(4) ”.

• (5) After paragraph 73M insert—

(73P) Each of the powers of seizure conferred by paragraphs 27(1)(b), 28(1) and 29(1) of Schedule 5 to the Consumer Rights Act 2015.

66

• (1) Part 1 of Schedule 2 (application of enactments) is amended as follows.

• (2) Omit paragraphs 1, 4B, 4C, 5, 7, 9B and 9C.

• (3) In paragraph 3 for “29” in each place substitute “ 29(4) ”.

• (4) In paragraph 4A—

• (a) for “23” substitute “ 22(4) ”, and

• (b) for “22” substitute “ 22(4) ”.

• (5) After paragraph 4A insert—

(4D) Paragraph 39 of Schedule 5 to the Consumer Rights Act 2015 (notice of testing of goods) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) of that Schedule as it applies in relation to goods seized under that paragraph. (4E) Subject to section 61 of this Act, paragraph 38 of Schedule 5 to the Consumer Rights Act 2015 (access to seized goods and documents) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule as it applies in relation to things seized under Part 4 of that Schedule.

• (6) In paragraph 8 for “29” in each place substitute “ 29(4) ”.

• (7) In paragraph 9A—

• (a) for the first “22” substitute “ 22(4) ”, and

• (b) for “products under regulations 22 of those Regulations.” substitute “ those items, as it applies to the seizure and detention of products under regulation 22(4) of those Regulations. ”

• (8) After paragraph 9A insert—

(9D) Paragraph 41 of Schedule 5 to the Consumer Rights Act 2015 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule, and the retention of those items, as it applies in relation to the seizure and detention of goods under Part 4 of that Schedule.

Enterprise Act 2002 (c. 40)

67

The Enterprise Act 2002 is amended as follows.

68

Omit section 224 (power of CMA to require the provision of information).

69

Omit section 225 (power of other enforcer to require the provision of information).

70

Omit section 226 (procedure for notices requiring information).

71

Omit section 227 (enforcement of notices).

72

Omit section 227A (power to enter premises without warrant).

73

Omit section 227B (powers exercisable on the premises).

74

Omit section 227C (power to enter premises with warrant).

75

Omit section 227D (ancillary provisions about powers of entry).

76

Omit section 227E (obstructing, or failing to co-operate with, powers of entry).

77

Omit section 227F (retention of documents and goods).

78

Before section 228 (but after the italic heading “Miscellaneous”) insert—

(223A) For the investigatory powers available to enforcers for the purposes of enforcers' functions under this Part, see Schedule 5 to the Consumer Rights Act 2015.

79

In section 228 (evidence) omit subsection (4).

80

In section 236 (application of Part 8 to Crown) omit subsection (2).

81

In Schedule 14 (specified functions for the purposes of Part 9 restrictions on disclosure), at the end insert— “ Paragraph 13(2), (3) or (7) of Schedule 5 to the Consumer Rights Act 2015. ”

Fireworks Act 2003 (c. 22)

82

• (1) Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows.

• (2) In subsection (2)—

• (a) omit paragraph (a), and

• (b) in paragraph (b), for “29(1) to (5), (6)(a) and (7)” substitute “ 29(4) and (7) ”.

• (3) After subsection (2) insert—

(2A) For the investigatory powers available to a person for the purposes of the duty to enforce imposed by virtue of subsection (1) (in addition to the powers in Part 4 of the Consumer Protection Act 1987), see Schedule 5 to the Consumer Rights Act 2015.

Christmas Day (Trading) Act 2004 (c. 26)

83

• (1) Section 3 of the Christmas Day (Trading) Act 2004 (enforcement) is amended as follows.

• (2) Omit subsection (3).

• (3) Before subsection (4) insert—

(3A) For the powers available to a local authority and the inspectors appointed by it under subsection (3) for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

Financial Services Act 2012 (c. 21)

84

• (1) Section 107 of the Financial Services Act 2012 (power to make further provision about regulation of consumer credit) is amended as follows.

• (2) In subsection (2) omit paragraph (g).

• (3) In subsection (4) for “(2)(g) to (i)” substitute “ (2)(h) and (i) ”.

Consequential repeals and revocations

85

In consequence of the amendments made by this Schedule, the following are repealed or revoked—

• (a) section 16(2)(b) of the Price Commission Act 1977;

• (b) article 2(13) of the Deregulation (Weights and Measures) Order 1999 (SI 1999/503);

• (c) paragraph 9(8)(b) and (9)(a) of Schedule 25 to the Enterprise Act 2002;

• (d) paragraphs 50 and 62 of Schedule 27 to the Civil Partnerships Act 2004;

• (e) paragraphs (10) and (24) to (27) of Schedule 1 to the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);

• (f) regulations 15 to 18 and 24 to 28 of the Enterprise Act 2002 (Amendment) Regulations 2006 (SI 2006/3363);

• (g) section 51(2) of the Consumer Credit Act 2006;

• (h) paragraph 41 of Schedule 21 to the Legal Services Act 2007;

• (i) sections 57 and 58(1), (3) and (4) of the Consumers, Estate Agents and Redress Act 2007;

• (j) paragraphs 63 to 65 of Schedule 2 to the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277);

• (k) paragraph 2 of Schedule 6 to the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);

• (l) regulation 2 of the Timeshare (Amendment) Regulations 2011 (SI 2011/1065);

• (m) paragraphs 17 to 20 of Schedule 1 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);

• (n) paragraph 82(a) of Schedule 9 to the Crime and Courts Act 2013.

SCHEDULE 7

1

Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation) is amended as follows.

2

In section 210 (consumers), omit subsection (5).

3

• (1) Section 211 (domestic infringements) is amended as follows.

• (2) In subsection (1)(c), omit “in the United Kingdom”.

• (3) After subsection (1) insert—

(1A) But an act or omission which satisfies the conditions in subsection (1) is a domestic infringement only if at least one of the following is satisfied— (a) the person supplying (or seeking to supply) goods or services has a place of business in the United Kingdom, or (b) the goods or services are supplied (or sought to be supplied) to or for a person in the United Kingdom (see section 232).

4

In section 213(5A) (CPC enforcers), for paragraph (i) substitute—

(i) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services);

.

5

• (1) Section 214 (consultation) is amended as follows.

• (2) In subsection (4)(a), after “14 days” insert “ or, where subsection (4A) applies, 28 days ”.

• (3) After subsection (4) insert—

(4A) This subsection applies where the person against whom the enforcement order would be made is a member of, or is represented by, a representative body, and that body operates a consumer code which has been approved by— (a) an enforcer, other than a designated enforcer which is not a public body, (b) a body which represents an enforcer mentioned in paragraph (a), (c) a group of enforcers mentioned in paragraph (a), or (d) a community interest company whose objects include the approval of consumer codes. (4B) In subsection (4A)— - “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.

6

In section 217 (enforcement orders), after subsection (10) insert—

(10A) An enforcement order may require a person against whom the order is made to take enhanced consumer measures (defined in section 219A) within a period specified by the court. (10B) An undertaking under subsection (9) may include a further undertaking by the person to take enhanced consumer measures within a period specified in the undertaking. (10C) Subsections (10A) and (10B) are subject to section 219C in a case where the application for the enforcement order was made by a designated enforcer which is not a public body. (10D) Where a person is required by an enforcement order or an undertaking under this section to take enhanced consumer measures, the order or undertaking may include requirements as to the provision of information or documents to the court by the person in order that the court may determine if the person is taking those measures.

7

In section 219 (undertakings), after subsection (5) insert—

(5ZA) An undertaking under this section may include a further undertaking by the person— (a) to take enhanced consumer measures (defined in section 219A) within a period specified in the undertaking, and (b) where such measures are included, to provide information or documents to the enforcer in order that the enforcer may determine if the person is taking those measures. (5ZB) Subsection (5ZA) is subject to section 219C in a case where the enforcer is a designated enforcer which is not a public body.

8

After section 219 insert—

(219A) (1) In this Part, enhanced consumer measures are measures (not excluded by subsection (5)) falling within— (a) the redress category described in subsection (2), (b) the compliance category described in subsection (3), or (c) the choice category described in subsection (4). (2) The measures in the redress category are— (a) measures offering compensation or other redress to consumers who have suffered loss as a result of the conduct which has given rise to the enforcement order or undertaking, (b) where the conduct referred to in paragraph (a) relates to a contract, measures offering such consumers the option to terminate (but not vary) that contract, (c) where such consumers cannot be identified, or cannot be identified without disproportionate cost to the subject of the enforcement order or undertaking, measures intended to be in the collective interests of consumers. (3) The measures in the compliance category are measures intended to prevent or reduce the risk of the occurrence or repetition of the conduct to which the enforcement order or undertaking relates (including measures with that purpose which may have the effect of improving compliance with consumer law more generally). (4) The measures in the choice category are measures intended to enable consumers to choose more effectively between persons supplying or seeking to supply goods or services. (5) The following are not enhanced consumer measures— (a) a publication requirement included in an enforcement order as described in section 217(8), (b) a publication requirement included in an undertaking accepted by the court as described in section 217(10), or (c) a publication requirement included in an undertaking accepted by a CPC enforcer as described in section 219(5A)(a). (219B) (1) An enforcement order or undertaking may include only such enhanced consumer measures as the court or enforcer (as the case may be) considers to be just and reasonable. (2) For the purposes of subsection (1) the court or enforcer must in particular consider whether any proposed enhanced consumer measures are proportionate, taking into account— (a) the likely benefit of the measures to consumers, (b) the costs likely to be incurred by the subject of the enforcement order or undertaking, and (c) the likely cost to consumers of obtaining the benefit of the measures. (3) The costs referred to in subsection (2)(b) are— (a) the cost of the measures, and (b) the reasonable administrative costs associated with taking the measures. (4) An enforcement order or undertaking may include enhanced consumer measures in the redress category— (a) only in a loss case, and (b) only if the court or enforcer (as the case may be) is satisfied that the cost of such measures to the subject of the enforcement order or undertaking is unlikely to be more than the sum of the losses suffered by consumers as a result of the conduct which has given rise to the enforcement order or undertaking. (5) The cost referred to in subsection (4)(b) does not include the administrative costs associated with taking the measures. (6) Subsection (7) applies if an enforcement order or undertaking includes enhanced consumer measures offering compensation and a settlement agreement is entered into in connection with the payment of compensation. (7) A waiver of a person's rights in the settlement agreement is not valid if it is a waiver of the right to bring civil proceedings in respect of conduct other than the conduct which has given rise to the enforcement order or undertaking. (8) The following definitions apply for the purposes of subsection (4)(a). (9) In the case of an enforcement order or undertaking under section 217, “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 of State. (4) The second condition is that the enhanced consumer measures do not directly benefit the enforcer or an associated undertaking. (5) Enhanced consumer measures which directly benefit an enforcer or an associated undertaking include, in particular, measures which— (a) require a person to pay money to the enforcer or associated undertaking, (b) require a person to participate in a scheme which is designed to recommend persons supplying or seeking to supply goods or services to consumers and which is administered by the the enforcer or associated undertaking, or (c) would give the enforcer or associated undertaking a commercial advantage over any of its competitors. (6) The Secretary of State may make an order under subsection (3) specifying an enforcer only if the Secretary of State is satisfied that to do so is likely to— (a) improve the availability to consumers of redress for infringements to which the enforcer's designation relates, (b) improve the availability to consumers of information which enables them to choose more effectively between persons supplying or seeking to supply goods or services, or (c) improve compliance with consumer law. (7) The Secretary of State may make an order under subsection (3) specifying an enforcer only if the functions of the enforcer under this Part have been specified under section 24 of the Legislative and Regulatory Reform Act 2006 (functions to which principles under section 21 and code of practice under section 22 apply), to the extent that they are capable of being so specified. (8) The power to make an order under subsection (3)— (a) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; (b) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision. (9) Subsection (10) applies if— (a) an enforcer exercises a function in relation to a person by virtue of subsection (1) or (2), (b) that function is a relevant function for the purposes of Part 2 (co-ordination of regulatory enforcement) of the Regulatory Enforcement and Sanctions Act 2008, and (c) a primary authority (within the meaning of that Part) has given advice or guidance under section 27(1) of that Act— (i) to that person in relation to that function, or (ii) to other local authorities (within the meaning of that Part) with that function as to how they should exercise it in relation to that person. (10) The enforcer must, in exercising the function in relation to that person, act consistently with that advice or guidance. (11) In this section “associated undertaking”, in relation to a designated enforcer, means— (a) a parent undertaking or subsidiary undertaking of the enforcer, or (b) a subsidiary undertaking of a parent undertaking of the enforcer, and for this purpose “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.

9

• (1) Section 220 (further proceedings) is amended as follows.

• (2) After subsection (1) insert—

(1A) This section does not apply in the case of a failure to comply with an order or undertaking which consists only of a failure to provide information or documents required by the order or undertaking as described in section 217(10D).

• (3) In subsection (2), for “In such a case the CMA” substitute “ Any CPC enforcer ”.

• (4) In subsection (5)—

• (a) in the opening words, for “sections 215 and 217 or 218 (as the case may be)” substitute “ sections 215, 217 or 218 (as the case may be) and 219A, 219B and 219C ”,

• (b) for paragraph (c) substitute—

(c) section 217(9), (10), (10B) and (11) must be ignored, and section 217(10C) and (10D) must be ignored to the extent that they relate to an undertaking under section 217(9);

,

• (c) after paragraph (d) insert—

(e) sections 219A, 219B and 219C must be ignored to the extent that they relate to an undertaking under section 217(9) or 219.

10

In section 229 (advice and information), after subsection (1) insert—

(1A) As soon as is reasonably practicable after the commencement of Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc.) the CMA must prepare and publish advice and information with a view to— (a) explaining the provisions of that Schedule, so far as they relate to investigatory powers exercised for the purposes set out in paragraphs 13(2) and (3) and 19 of that Schedule, to persons who are likely to be affected by them, and (b) indicating how the CMA expects such provisions to operate.

SCHEDULE 8

PART 1 — Competition Act 1998

1

The Competition Act 1998 is amended in accordance with this Part.

2

For the heading of Chapter 4 of Part 1, substitute “ Appeals, proceedings before the Tribunal and settlements relating to infringements of competition law ”.

3

For the cross-heading preceding section 46, substitute “ Appeals and proceedings before the Tribunal ”.

4

• (1) For section 47A substitute—

(47A) (1) A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules. (2) This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of— (a) the Chapter I prohibition, (b) the Chapter II prohibition, (c) the prohibition in Article 101(1), or (d) the prohibition in Article 102. (3) The claims are— (a) a claim for damages; (b) any other claim for a sum of money; (c) in proceedings in England and Wales or Northern Ireland, a claim for an injunction. (4) For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded. (5) The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim. (6) In this Part (except in section 49C) “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.

• (2) Section 47A of the Competition Act 1998 (as substituted by sub-paragraph (1)) applies to claims arising before the commencement of this paragraph as it applies to claims arising after that time.

5

• (1) For section 47B substitute—

(47B) (1) Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A applies (“collective proceedings”). (2) Collective proceedings must be commenced by a person who proposes to be the representative in those proceedings. (3) The following points apply in relation to claims in collective proceedings— (a) it is not a requirement that all of the claims should be against all of the defendants to the proceedings, (b) the proceedings may combine claims which have been made in proceedings under section 47A and claims which have not, and (c) a claim which has been made in proceedings under section 47A may be continued in collective proceedings only with the consent of the person who made that claim. (4) Collective proceedings may be continued only if the Tribunal makes a collective proceedings order. (5) The Tribunal may make a collective proceedings order only— (a) if it considers that the person who brought the proceedings is a person who, if the order were made, the Tribunal could authorise to act as the representative in those proceedings in accordance with subsection (8), and (b) in respect of claims which are eligible for inclusion in collective proceedings. (6) Claims are eligible for inclusion in collective proceedings only if the Tribunal considers that they raise the same, similar or related issues of fact or law and are suitable to be brought in collective proceedings. (7) A collective proceedings order must include the following matters— (a) authorisation of the person who brought the proceedings to act as the representative in those proceedings, (b) description of a class of persons whose claims are eligible for inclusion in the proceedings, and (c) specification of the proceedings as opt-in collective proceedings or opt-out collective proceedings (see subsections (10) and (11)). (8) The Tribunal may authorise a person to act as the representative in collective proceedings— (a) whether or not that person is a person falling within the class of persons described in the collective proceedings order for those proceedings (a “class member”), but (b) only if the Tribunal considers that it is just and reasonable for that person to act as a representative in those proceedings. (9) The Tribunal may vary or revoke a collective proceedings order at any time. (10) “Opt-in collective proceedings” are collective proceedings which are brought on behalf of each class member who opts in by notifying the representative, in a manner and by a time specified, that the claim should be included in the collective proceedings. (11) “Opt-out collective proceedings” are collective proceedings which are brought on behalf of each class member except— (a) any class member who opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective proceedings, and (b) any class member who— (i) is not domiciled in the United Kingdom at a time specified, and (ii) does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective proceedings. (12) Where the Tribunal gives a judgment or makes an order in collective proceedings, the judgment or order is binding on all represented persons, except as otherwise specified. (13) The right to make a claim in collective proceedings does not affect the right to bring any other proceedings in respect of the claim. (14) In this section and in section 47C, “specified” means specified in a direction made by the Tribunal.

• (2) Section 47B of the Competition Act 1998 (as substituted by sub-paragraph (1)) applies to claims arising before the commencement of this paragraph as it applies to claims arising after that time.

6

After section 47B (as substituted by paragraph 5) insert—

(47C) (1) The Tribunal may not award exemplary damages in collective proceedings. (2) The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person. (3) Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to— (a) the representative, or (b) such person other than a represented person as the Tribunal thinks fit. (4) Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3). (5) Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007. (6) In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings. (7) The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection. (8) A damages-based agreement is unenforceable if it relates to opt-out collective proceedings. (9) In this section— (a) “charity” means a body, or the trustees of a trust, established for charitable purposes only; (b) “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); (c) “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.

7

After section 47C (inserted by paragraph 6) insert—

(47D) (1) An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings— (a) has the same effect as an injunction granted by the High Court, and (b) is enforceable as if it were an injunction granted by the High Court. (2) In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must— (a) in proceedings in England and Wales, apply the principles which the High Court would apply in deciding whether to grant an injunction under section 37(1) of the Senior Courts Act 1981, and (b) in proceedings in Northern Ireland, apply the principles that the High Court would apply in deciding whether to grant an injunction. (3) Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).

8

• (1) After section 47D (inserted by paragraph 7) insert—

(47E) (1) Subsection (2) applies in respect of a claim to which section 47A applies, for the purposes of determining the limitation or prescriptive period which would apply in respect of the claim if it were to be made in— (a) proceedings under section 47A, or (b) collective proceedings at the commencement of those proceedings. (2) Where this subsection applies— (a) in the case of proceedings in England and Wales, the Limitation Act 1980 applies as if the claim were an action in a court of law; (b) in the case of proceedings in Scotland, the Prescription and Limitation (Scotland) Act 1973 applies as if the claim related to an obligation to which section 6 of that Act applies; (c) in the case of proceedings in Northern Ireland, the Limitation (Northern Ireland) Order 1989 applies as if the claim were an action in a court established by law. (3) Where a claim is made in collective proceedings at the commencement of those proceedings (“the section 47B claim”), subsections (4) to (6) apply for the purpose of determining the limitation or prescriptive period which would apply in respect of the claim if it were subsequently to be made in proceedings under section 47A. (4) The running of the limitation or prescriptive period in respect of the claim is suspended from the date on which the collective proceedings are commenced. (5) Following suspension under subsection (4), the running of the limitation or prescriptive period in respect of the claim resumes on the date on which any of the following occurs— (a) the Tribunal declines to make a collective proceedings order in respect of the collective proceedings; (b) the Tribunal makes a collective proceedings order in respect of the collective proceedings, but the order does not provide that the section 47B claim is eligible for inclusion in the proceedings; (c) the Tribunal rejects the section 47B claim; (d) in the case of opt-in collective proceedings, the period within which a person may choose to have the section 47B claim included in the proceedings expires without the person having done so; (e) in the case of opt-out collective proceedings— (i) a person domiciled in the United Kingdom chooses (within the period in which such a choice may be made) to have the section 47B claim excluded from the collective proceedings, or (ii) the period within which a person not domiciled in the United Kingdom may choose to have the section 47B claim included in the collective proceedings expires without the person having done so; (f) the section 47B claim is withdrawn; (g) the Tribunal revokes the collective proceedings order in respect of the collective proceedings; (h) the Tribunal varies the collective proceedings order in such a way that the section 47B claim is no longer included in the collective proceedings; (i) the section 47B claim is settled with or without the Tribunal's approval; (j) the section 47B claim is dismissed, discontinued or otherwise disposed of without an adjudication on the merits. (6) Where the running of the limitation or prescriptive period in respect of the claim resumes under subsection (5) but the period would otherwise expire before the end of the period of six months beginning with the date of that resumption, the period is treated as expiring at the end of that six month period. (7) This section has effect subject to any provision in Tribunal rules which defers the date on which the limitation or prescriptive period begins in relation to claims in proceedings under section 47A or in collective proceedings.

• (2) Section 47E of the Competition Act 1998 does not apply in relation to claims arising before the commencement of this paragraph.

9

• (1) Section 49 (further appeals) is amended in accordance with this paragraph.

• (2) In subsection (1)—

• (a) at the end of paragraph (a) insert “ and ”, and

• (b) omit paragraph (b) and the “and” at the end of that paragraph.

• (3) After subsection (1) insert—

(1A) An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal in proceedings under section 47A or in collective proceedings— (a) as to the award of damages or other sum (other than a decision on costs or expenses), or (b) as to the grant of an injunction. (1B) An appeal lies to the appropriate court from a decision of the Tribunal in proceedings under section 47A or in collective proceedings as to the amount of an award of damages or other sum (other than the amount of costs or expenses). (1C) An appeal under subsection (1A) arising from a decision in respect of a stand-alone claim may include consideration of a point of law arising from a finding of the Tribunal as to an infringement of a prohibition listed in section 47A(2). (1D) In subsection (1C) “a stand-alone claim” is a claim— (a) in respect of an alleged infringement of a prohibition listed in section 47A(2), and (b) made in proceedings under section 47A or included in collective proceedings.

• (4) In subsection (2)(a), at the beginning insert “ except as provided by subsection (2A), ”.

• (5) After subsection (2) insert—

(2A) An appeal from a decision of the Tribunal in respect of a claim included in collective proceedings may be brought only by the representative in those proceedings or by a defendant to that claim.

10

• (1) After section 49 insert—

(49A) (1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims in collective proceedings (a “collective settlement”) where— (a) a collective proceedings order has been made in respect of the claims, and (b) the Tribunal has specified that the proceedings are opt-out collective proceedings. (2) An application for approval of a proposed collective settlement must be made to the Tribunal by the representative and the defendant in the collective proceedings. (3) The representative and the defendant must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement. (4) Where there is more than one defendant in the collective proceedings, “defendant” in subsections (2) and (3) means such of the defendants as wish to be bound by the proposed collective settlement. (5) The Tribunal may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable. (6) On the date on which the Tribunal approves a collective settlement— (a) if the period within which persons may opt out of or (in the case of persons not domiciled in the United Kingdom) opt in to the collective proceedings has expired, subsections (8) and (10) apply so as to determine the persons bound by the settlement; (b) if that period has not yet expired, subsections (9) and (10) apply so as to determine the persons bound by the settlement. (7) If the period within which persons may opt out of the collective proceedings expires on a different date from the period within which persons not domiciled in the United Kingdom may opt in to the collective proceedings, the references in subsection (6) to the expiry of a period are to the expiry of whichever of those periods expires later. (8) Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order who— (a) were domiciled in the United Kingdom at the time specified for the purposes of determining domicile in relation to the collective proceedings (see section 47B(11)(b)(i)) and did not opt out of those proceedings, or (b) opted in to the collective proceedings. (9) Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order. (10) But a collective settlement is not binding on a person who— (a) opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or (b) is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective settlement. (11) This section does not affect a person's right to offer to settle opt-in collective proceedings. (12) In this section and in section 49B, “specified” means specified in a direction made by the Tribunal.

• (2) Section 49A of the Competition Act 1998 applies to claims arising before the commencement of this paragraph as it applies to claims arising after that time.

11

• (1) After section 49A (inserted by paragraph 10) insert—

(49B) (1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims (a “collective settlement”) where— (a) a collective proceedings order has not been made in respect of the claims, but (b) if collective proceedings were brought, the claims could be made at the commencement of the proceedings (disregarding any limitation or prescriptive period applicable to a claim in collective proceedings). (2) An application for approval of a proposed collective settlement must be made to the Tribunal by— (a) a person who proposes to be the settlement representative in relation to the collective settlement, and (b) the person who, if collective proceedings were brought in respect of the claims, would be a defendant in those proceedings (or, where more than one person would be a defendant in those proceedings, such of those persons as wish to be bound by the proposed collective settlement). (3) The persons applying to the Tribunal under subsection (2) must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement. (4) The Tribunal may make an order approving a proposed collective settlement (see subsection (8)) only if it first makes a collective settlement order. (5) The Tribunal may make a collective settlement order only— (a) if it considers that the person described in subsection (2)(a) is a person who, if the order were made, the Tribunal could authorise to act as the settlement representative in relation to the collective settlement in accordance with subsection (7), and (b) in respect of claims which, if collective proceedings were brought, would be eligible for inclusion in the proceedings (see section 47B(6)). (6) A collective settlement order must include the following matters— (a) authorisation of the person described in subsection (2)(a) to act as the settlement representative in relation to the collective settlement, and (b) description of a class of persons whose claims fall within subsection (5)(b). (7) The Tribunal may authorise a person to act as the settlement representative in relation to a collective settlement— (a) whether or not that person is a person falling within the class of persons described in the collective settlement order for that settlement, but (b) only if the Tribunal considers that it is just and reasonable for that person to act as the settlement representative in relation to that settlement. (8) Where the Tribunal has made a collective settlement order, it may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable. (9) A collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective settlement order. (10) But a collective settlement is not binding on a person who— (a) opts out by notifying the settlement representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or (b) is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the settlement representative that the claim should be included in the collective settlement. (11) In this section, “settlement representative” means a person who is authorised by a collective settlement order to act in relation to a collective settlement.

• (2) Section 49B of the Competition Act 1998 applies to claims arising before the commencement of this paragraph as it applies to claims arising after that time.

12

After section 49B (inserted by paragraph 11) insert—

(49C) (1) A person may apply to the CMA for approval of a redress scheme. (2) The CMA may consider an application before the infringement decision to which the redress scheme relates has been made, but may approve the scheme only— (a) after that decision has been made, or (b) in the case of a decision of the CMA, at the same time as that decision is made. (3) In deciding whether to approve a redress scheme, the CMA may take into account the amount or value of compensation offered under the scheme. (4) The CMA may approve a redress scheme under subsection (2)(b) subject to a condition or conditions requiring the provision of further information about the operation of the scheme (including about the amount or value of compensation to be offered under the scheme or how this will be determined). (5) If the CMA approves a redress scheme subject to such a condition, it may— (a) approve the scheme subject to other conditions; (b) withdraw approval from the scheme if any conditions imposed under subsection (4) or paragraph (a) are not met; (c) approve a redress scheme as a replacement for the original scheme (but may not approve that scheme subject to conditions). (6) An approved scheme may not be varied by the CMA or the compensating party. (7) But, where the CMA approves a redress scheme subject to a condition of the kind mentioned in subsection (4), subsection (6) does not prevent further information provided in accordance with the condition from forming part of the terms of the scheme. (8) The Secretary of State may make regulations relating to the approval of redress schemes, and the regulations may in particular— (a) make provision as to the procedure governing an application for approval of a redress scheme, including the information to be provided with the application; (b) provide that the CMA may approve a redress scheme only if it has been devised according to a process specified in the regulations; (c) provide that the CMA may approve a redress scheme only if it is in a form, or contains terms, specified in the regulations (which may include terms requiring a settlement agreement under the scheme to be in a form, or contain terms, specified in the regulations); (d) provide that the CMA may approve a redress scheme only if (so far as the CMA can judge from facts known to it) the scheme is intended to be administered in a manner specified in the regulations; (e) describe factors which the CMA may or must take into account, or may not take into account, in deciding whether to approve a redress scheme. (9) The CMA must publish guidance with regard to— (a) applications for approval of redress schemes, (b) the approval of redress schemes, and (c) the enforcement of approved schemes, and in particular as to the criteria which the CMA intends to adopt in deciding whether to bring proceedings under section 49E(4). (10) Guidance under subsection (9) must be approved by the Secretary of State before it is published. (11) In this section and sections 49D and 49E— - “approved scheme” means a redress scheme approved by the CMA, - “compensating party” means a person offering compensation under an approved scheme, - “infringement decision” means— 1. 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 2. 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 to persons who have not suffered a loss as a result of the infringement decision to which the redress scheme relates. (49D) (1) The CMA may require a person making an application for approval of a redress scheme to pay some or all of the CMA's reasonable costs relating to the application. (2) A requirement to pay costs is imposed by giving that person written notice specifying— (a) the amount to be paid, (b) how that amount has been calculated, and (c) by when that amount must be paid. (3) A person required to pay costs under this section may appeal to the Tribunal against the amount. (4) Where costs required to be paid under this section relate to an approved scheme, the CMA may withdraw approval from that scheme if the costs have not been paid by the date specified in accordance with subsection (2)(c). (5) Costs required to be paid under this section are recoverable by the CMA as a debt. (49E) (1) A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”). (2) The duty is owed to any person entitled to compensation under the terms of the approved scheme. (3) Where such a person suffers loss or damage as a result of a breach of the duty, the person may bring civil proceedings before the court for damages, an injunction or interdict or any other appropriate relief or remedy. (4) Where the CMA considers that the compensating party is in breach of the duty, the CMA may bring civil proceedings before the court for an injunction or interdict or any other appropriate relief or remedy. (5) Subsection (4) is without prejudice to any right that a person has to bring proceedings under subsection (3). (6) In any proceedings brought under subsection (3) or (4), it is a defence for the compensating party to show that it took all reasonable steps to comply with the duty. (7) Where the CMA considers that it is no longer appropriate for the compensating party to be subject to the duty, the CMA may give notice in writing to that party stating that it is released from the duty. (8) Where a person has entered into a settlement agreement with the compensating party, that agreement remains enforceable notwithstanding the release of the compensating party under subsection (7) from the duty. (9) In this section “the court” means— (a) in England and Wales, the High Court or the county court, (b) in Northern Ireland, the High Court or a county court, (c) in Scotland, the Court of Session or the sheriff.

13

• (1) Section 58 (findings of fact by CMA) is amended in accordance with this paragraph.

• (2) In subsection (1), after “the court” insert “ or the Tribunal ”.

• (3) In subsection (2)—

• (a) in the definition of “Part I proceedings”, before paragraph (a) insert—

(za) in respect of an infringement decision;

, and

• (b) in the definition of “relevant party”, in paragraphs (a) and (b), for “is alleged to have infringed the prohibition” substitute “ has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be) ”.

• (4) In subsection (3)—

• (a) after “Rules of court” insert “ or Tribunal rules ”, and

• (b) after “the court” insert “ or the Tribunal ”.

• (5) After subsection (3) insert—

(4) In this section “the court” means— (a) in England and Wales or Northern Ireland, the High Court, (b) in Scotland, the Court of Session or the sheriff.

14

• (1) For section 58A substitute—

(58A) (1) This section applies to a claim in respect of an infringement decision which is brought in proceedings— (a) before the court, or (b) before the Tribunal under section 47A or 47B. (2) The court or the Tribunal is bound by the infringement decision once it has become final. (3) An infringement decision specified in section 47A(6)(a) or (b) becomes final— (a) when the time for appealing against that decision expires without an appeal having been brought; (b) where the decision is specified in section 47A(6)(a) and an appeal has been brought against the decision under section 46 or 47, when that appeal— (i) has been withdrawn, dismissed or otherwise discontinued, or (ii) has confirmed the infringement decision and the time for making any further appeal against that confirmatory decision expires without a further appeal having been brought; (c) where an appeal has been brought in relation to the decision under section 49, when that appeal— (i) in the case of an appeal against the infringement decision or against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or (ii) has confirmed the infringement decision and the time for making any further appeal to the Supreme Court against that confirmatory decision expires without a further appeal having been brought; or (d) where an appeal has been brought to the Supreme Court in relation to the decision, when that appeal— (i) in the case of an appeal against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or (ii) has confirmed the infringement decision. (4) An infringement decision specified in section 47A(6)(c) becomes final— (a) when the time for appealing against that decision in the European Court expires without an appeal having been brought; or (b) where such an appeal has been brought against the decision, when that appeal— (i) has been withdrawn, dismissed or otherwise discontinued, or (ii) has confirmed the infringement decision. (5) This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question. (6) In this section “the court” means— (a) in England and Wales or Northern Ireland, the High Court, (b) in Scotland, the Court of Session or the sheriff.

• (2) Section 58A of the Competition Act 1998 (as substituted by sub-paragraph (1)) does not apply in relation to decisions made before the commencement of this paragraph.

15

• (1) Section 59 (interpretation of Part 1) is amended in accordance with this paragraph.

• (2) In subsection (1), at the appropriate places insert—

“class member” has the meaning given in section 47B(8)(a);

;

“collective proceedings” has the meaning given in section 47B(1);

;

“collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;

;

“infringement decision”, except in section 49C, has the meaning given in section 47A(6);

;

“injunction” includes an interim injunction;

;

“opt-in collective proceedings” has the meaning given in section 47B(10);

;

“opt-out collective proceedings” has the meaning given in section 47B(11);

;

“representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;

;

“represented person” means a class member who— (a) has opted in to opt-in collective proceedings, (b) was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or (c) has opted in to opt-out collective proceedings;

.

• (3) In subsection (1), in the definition of “the court”, before “58” insert “ 49E, ”.

• (4) After subsection (1) insert—

(1A) In this Part, in respect of proceedings in Scotland, “defendant” is to be read as “defender”. (1B) Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.

16

In section 71 (regulations, orders and rules), after subsection (4)(ca) insert—

(cb) section 47C(7),

.

17

• (1) Schedule 8 (appeals) is amended in accordance with this paragraph.

• (2) In paragraph 2(1), for “46 or 47” substitute “ 46, 47 or 49D(3) ”.

• (3) After paragraph 3A insert—

(3B) (1) This paragraph applies to an appeal under section 49D(3). (2) The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal. (3) The Tribunal may— (a) approve the amount of costs which is the subject of the appeal, or (b) impose a requirement to pay costs of a different amount. (4) The Tribunal may also give such directions, or take such other steps, as the CMA could itself have given or taken. (5) A requirement imposed by the Tribunal under sub-paragraph (3)(b) has the same effect, and may be enforced in the same manner, as a requirement imposed by the CMA under section 49D.

PART 2 — Enterprise Act 2002

18

The Enterprise Act 2002 is amended in accordance with this Part.

19

• (1) Section 14 (constitution of Tribunal for particular proceedings and its decisions) is amended as follows.

• (2) In subsection (1), after “before it” insert “ , including proceedings relating to the approval of a collective settlement under section 49A or 49B of the 1998 Act, ”.

• (3) After subsection (1) insert—

(1A) But in the case of proceedings relating to a claim under section 47A of the 1998 Act which is subject to the fast-track procedure (as described in Tribunal rules), the Tribunal may consist of a chairman only.

20

In section 15 (Tribunal rules), in subsection (1), at the end insert “ , including proceedings relating to the approval of a collective settlement under section 49A or 49B of the 1998 Act. ”

21

In section 16 (transfers of certain proceedings to and from Tribunal), in subsection (5), for “High Court or the Court of Session of” substitute “ court of all or any part of ”.

22

Schedule 4 (Tribunal: procedure) is amended in accordance with the following paragraphs of this Part.

23

In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a) substitute—

(a) state the reasons for the decision; (aa) state whether the decision was unanimous or taken by a majority or, where proceedings are heard by a chairman only, state that fact;

.

24

After paragraph 1 insert—

(1A) (1) Where a person (“A”) fails to comply with an injunction granted by the Tribunal in proceedings under section 47A or 47B of the 1998 Act, the Tribunal may certify the matter to the High Court. (2) The High Court may enquire into the matter. (3) If, after hearing any witnesses who may be produced against or on behalf of A, and any statement made by or on behalf of A, the High Court is satisfied that A would have been in contempt of court if the injunction had been granted by the High Court, the High Court may deal with A as if A were in contempt.

25

In each of paragraphs 4(c) and 5(1)(c)—

• (a) for “47B(6)” substitute “ 47C(3) or (4) ”; and

• (b) for “specified body concerned” substitute “ representative in the proceedings under section 47B of that Act ”.

26

In paragraph 6—

• (a) for sub-paragraph (a) substitute—

(a) awards damages to a person in respect of a claim made or continued on behalf of that person (but is not the subject of an order under section 47C(3) or (4) of that Act); or

;

• (b) in sub-paragraph (b)—

• (i) for “an individual” substitute “ a person ”,

• (ii) for “his behalf” substitute “ behalf of that person ”; and

• (c) in the full-out words at the end, for “individual” substitute “ person ”.

27

In paragraph 7—

• (a) for “specified body” substitute “ representative ”; and

• (b) for “individual” substitute “ person ”.

28

In paragraph 9—

• (a) the existing provision is numbered as sub-paragraph (1), and

• (b) after that provision insert—

(2) In this Schedule, where a paragraph is capable of applying to proceedings relating to the approval of a collective settlement under section 49A or 49B of the 1998 Act, any reference in that paragraph to “proceedings” includes a reference to those proceedings.

29

In paragraph 11(2), for paragraph (a) substitute—

(a) make further provision as to procedural aspects of the operation of the limitation or prescriptive periods in relation to claims which may be made in proceedings under section 47A of the 1998 Act, as set out in section 47E(3) to (6) of that Act;

.

30

For paragraph 13 substitute—

(13) (1) Tribunal rules may provide for the Tribunal— (a) to reject a claim made under section 47A of the 1998 Act or a section 47B claim if it considers that there are no reasonable grounds for making it; (b) to reject a section 47B claim if— (i) the Tribunal declines to make a collective proceedings order in respect of the proceedings under section 47B of the 1998 Act, (ii) the Tribunal makes a collective proceedings order in respect of the proceedings, but the order does not provide that the claim in question is eligible for inclusion in the proceedings, (iii) the Tribunal revokes the collective proceedings order in respect of the proceedings, or (iv) the Tribunal varies the collective proceedings order in such a way that the claim in question is no longer included in the proceedings; (c) to reject a section 47B claim if the claim had been previously made in proceedings under section 47A of the 1998 Act by a person who has not consented to its being continued in proceedings under section 47B of that Act. (2) In this paragraph, “a section 47B claim” means a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings.

31

After paragraph 15 insert—

(15A) (1) Tribunal rules may make provision in relation to a fast-track procedure for claims made in proceedings under section 47A of the 1998 Act, including describing the factors relevant to determining whether a claim is suitable to be dealt with according to that procedure. (2) Tribunal rules may make different provision for claims in proceedings under section 47A of the 1998 Act which are and which are not subject to the fast-track procedure. (3) Tribunal rules may, in particular, provide for the Tribunal to— (a) grant an interim injunction on a claim in proceedings under section 47A of the 1998 Act which is subject to the fast-track procedure to a person who has not given an undertaking as to damages, or (b) impose a cap on the amount that a person may be required to pay under an undertaking as to damages given on the granting of such an interim injunction. (4) In sub-paragraph (3) “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; (b) the factors which the Tribunal must take into account in deciding whether a claim is suitable to be brought in collective proceedings (but rules need not make provision in connection with the determination as to whether claims raise the same, similar or related issues of fact or law); (c) the factors which the Tribunal must take into account in deciding whether to authorise a person to act as a representative in collective proceedings; (d) the procedure by which the Tribunal is to reach a decision as to whether to make a collective proceedings order; (e) the procedure by which a person may opt in or opt out of collective proceedings; (f) the factors which the Tribunal must take into account in deciding whether to vary or revoke a collective proceedings order; (g) the assessment of damages in collective proceedings; (h) the payment of damages in collective proceedings, including the procedure for publicising an award of damages; (i) the effect of judgments and orders in collective proceedings. (15C) (1) Tribunal rules may make provision in relation to collective settlements under sections 49A and 49B 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 approval of a proposed collective settlement; (b) where section 49B applies, the factors which the Tribunal must take into account in deciding whether to make a collective settlement order (but rules need not make provision in connection with the determination as to whether claims raise the same, similar or related issues of fact or law); (c) where section 49B applies, the factors which the Tribunal must take into account in deciding whether to authorise a person to act as a settlement representative in relation to a collective settlement; (d) where section 49B applies, the procedure by which the Tribunal is to reach a decision as to whether to make a collective settlement order; (e) the factors which the Tribunal must take into account in deciding whether to approve a proposed collective settlement; (f) the procedure by which the Tribunal is to reach a decision as to whether to approve a collective settlement; (g) the procedure by which a person may opt in or opt out of a collective settlement; (h) the payment of compensation under a collective settlement, including the procedure for publicising a compensation award.

32

In paragraph 17 (conduct of the hearing)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in sub-paragraph (2)—

• (i) for “an individual” substitute “ a person ”; and

• (ii) for “that individual” substitute “ that person ”;

• (c) after sub-paragraph (2) insert—

(2A) Rules under sub-paragraph (1)(h) may provide for costs or expenses to be awarded to or against a person on whose behalf a claim is made or continued in proceedings under section 47B of the 1998 Act in respect of an application in the proceedings made by that person (where that application is not made by the representative in the proceedings on that person's behalf).

; and

• (d) in sub-paragraph (3), for “an individual” substitute “ a person ”.