Consumer Rights Act 2015

(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 ”.

33

After paragraph 20 insert—

(20A) (1) In relation to proceedings in England and Wales or Northern Ireland under section 47A or 47B of the 1998 Act, Tribunal rules may make provision as to the stay of the proceedings, including as to— (a) the circumstances in which a stay may be ordered or removed at the request of a party to the proceedings, (b) the circumstances in which the proceedings may be stayed at the instance of the Tribunal, and (c) the procedure to be followed. (2) In relation to proceedings in Scotland under section 47A or 47B of the 1998 Act, Tribunal rules may make provision as to the sist of the proceedings, including as to— (a) the circumstances in which a sist may be granted or recalled at the request of a party to the proceedings, (b) the circumstances in which the proceedings may be sisted at the instance of the Tribunal, and (c) the procedure to be followed. (3) Rules under sub-paragraph (1) or (2) may in particular make provision in relation to the stay or sist of proceedings under section 47A or 47B which relate to a claim in respect of an infringement decision (as defined in section 47A(6)) which has not become final (see section 58A of the 1998 Act).

34

After paragraph 21 insert—

(21A) Tribunal rules may make provision in relation to the grant of injunctions (including interim injunctions) in proceedings under section 47A or 47B of the 1998 Act.

35

In paragraph 23(3), for “an individual” substitute “ a person ”.

36

In paragraph 25, after “transfer of” insert “ all or any part of ”.

PART 3 — Courts and Legal Services Act 1990

37

In the Courts and Legal Services Act 1990, in section 58AA (damages-based agreements), after subsection (10) insert—

(11) Subsection (1) is subject to section 47C(8) of the Competition Act 1998.

SCHEDULE 9 — Duty of letting agents to publicise fees: financial penalties

Notice of intent

1

• (1) Before imposing a financial penalty on a letting agent for a breach of a duty imposed by or under section 83, a local weights and measures authority must serve a notice on the agent of its proposal to do so (a “notice of intent”).

• (2) The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the agent's breach, subject to sub-paragraph (3).

• (3) If the agent is in breach of the duty on that day, and the breach continues beyond the end of that day, the notice of intent may be served—

• (a) at any time when the breach is continuing, or

• (b) within the period of 6 months beginning with the last day on which the breach occurs.

• (4) The notice of intent must set out—

• (a) the amount of the proposed financial penalty,

• (b) the reasons for proposing to impose the penalty, and

• (c) information about the right to make representations under paragraph 2.

Right to make representations

2

The letting agent may, within the period of 28 days beginning with the day after that on which the notice of intent was sent, make written representations to the local weights and measures authority about the proposal to impose a financial penalty on the agent.

Final notice

3

• (1) After the end of the period mentioned in paragraph 2 the local weights and measures authority must—

• (a) decide whether to impose a financial penalty on the letting agent, and

• (b) if it decides to do so, decide the amount of the penalty.

• (2) If the authority decides to impose a financial penalty on the agent, it must serve a notice on the agent (a “final notice”) imposing that penalty.

• (3) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was sent.

• (4) The final notice must set out—

• (a) the amount of the financial penalty,

• (b) the reasons for imposing the penalty,

• (c) information about how to pay the penalty,

• (d) the period for payment of the penalty,

• (e) information about rights of appeal, and

• (f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

4

• (1) A local weights and measures authority may at any time—

• (a) withdraw a notice of intent or final notice, or

• (b) reduce the amount specified in a notice of intent or final notice.

• (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the letting agent on whom the notice was served.

Appeals

5

• (1) A letting agent on whom a final notice is served may appeal against that notice to—

• (a) the First-tier Tribunal, in the case of a notice served by a local weights and measures authority in England, or

• (b) the residential property tribunal, in the case of a notice served by a local weights and measures authority in Wales.

• (2) The grounds for an appeal under this paragraph are that—

• (a) the decision to impose a financial penalty was based on an error of fact,

• (b) the decision was wrong in law,

• (c) the amount of the financial penalty is unreasonable, or

• (d) the decision was unreasonable for any other reason.

• (3) An appeal under this paragraph to the residential property tribunal must be brought within the period of 28 days beginning with the day after that on which the final notice was sent.

• (4) If a letting agent appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

• (5) On an appeal under this paragraph the First-tier Tribunal or (as the case may be) the residential property tribunal may quash, confirm or vary the final notice.

• (6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than £5,000.

Recovery of financial penalty

6

• (1) This paragraph applies if a letting agent does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the agent is liable to pay.

• (2) The local weights and measures authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

• (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

• (a) signed by the chief finance officer of the local weights and measures authority which imposed the penalty, and

• (b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

• (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

• (5) A local weights and measures authority may use the proceeds of a financial penalty for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority).

• (6) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

SCHEDULE 10 — Secondary ticketing: financial penalties

Notice of intent

1

• (1) Before imposing a financial penalty on a person for a breach of a duty or prohibition imposed by Chapter 5 of Part 3, an enforcement authority must serve a notice on the person of its proposal to do so (a “notice of intent”).

• (2) The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the person's breach, subject to sub-paragraph (3).

• (3) If the person is in breach of the duty or prohibition on that day, and the breach continues beyond the end of that day, the notice of intent may be served—

• (a) at any time when the breach is continuing, or

• (b) within the period of 6 months beginning with the last day on which the breach occurs.

• (4) The notice of intent must set out—

• (a) the amount of the proposed financial penalty,

• (b) the reasons for proposing to impose the penalty, and

• (c) information about the right to make representations under paragraph 2.

Right to make representations

2

A person on whom a notice of intent is served may, within the period of 28 days beginning with the day after that on which the notice was sent, make written representations to the enforcement authority about the proposal to impose a financial penalty on the person.

Final notice

3

• (1) After the end of the period mentioned in paragraph 2 the enforcement authority must—

• (a) decide whether to impose a financial penalty on the person, and

• (b) if it decides to do so, decide the amount of the penalty.

• (2) If the authority decides to impose a financial penalty on the person, it must serve a notice on the person (a “final notice”) imposing that penalty.

• (3) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was sent.

• (4) The final notice must set out—

• (a) the amount of the financial penalty,

• (b) the reasons for imposing the penalty,

• (c) information about how to pay the penalty,

• (d) the period for payment of the penalty,

• (e) information about rights of appeal, and

• (f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

4

• (1) The enforcement authority may at any time—

• (a) withdraw a notice of intent or final notice, or

• (b) reduce the amount specified in a notice of intent or final notice.

• (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person on whom the notice was served.

Appeals

5

• (1) A person on whom a final notice is served may appeal against that notice—

• (a) in England and Wales and Scotland, to the First-tier Tribunal;

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

• (2) The grounds for an appeal under this paragraph are that—

• (a) the decision to impose a financial penalty was based on an error of fact,

• (b) the decision was wrong in law,

• (c) the amount of the financial penalty is unreasonable, or

• (d) the decision was unreasonable for any other reason.

• (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

• (4) On an appeal under this paragraph the First-tier Tribunal or the court may quash, confirm or vary the final notice.

• (5) The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than £5,000.

Recovery of financial penalty

6

• (1) This paragraph applies if a person does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

• (2) In England and Wales the enforcement authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

• (3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (4) In Northern Ireland the enforcement authority which imposed the financial penalty may recover the penalty or part on the order of a county court as if it were payable under an order of that court.

• (5) In proceedings before the court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

• (a) signed by the chief finance officer of the local weights and measures authority which imposed the penalty or (as the case may be) issued by the Department of Enterprise, Trade and Investment or by the Competition and Markets Authority, and

• (b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

• (6) A certificate to that effect and purporting to be so signed or issued is to be treated as being so signed or issued unless the contrary is proved.

• (7) A local weights and measures authority may use the proceeds of a financial penalty for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority).

• (7A) The Competition and Markets Authority may use the proceeds of a financial penalty for the purposes of any of its functions (whether or not the function is expressed to be a function of the Authority).

• (8) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Editorial notes