Regulation 42 Enforcement of consumer redress orders

(1)

Compliance with a consumer redress order is enforceable by civil proceedings by the Regulator—

(a)

for an injunction or interdict;

(b)

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988^f1; or

(c)

for any other appropriate remedy or relief.

(2)

Proceedings under paragraph (1) are to be brought—

(a)

in England and Wales, in the High Court; or

(b)

in Scotland, in the Court of Session.

(3)

The obligation of an authorised person to comply with a consumer redress order is a duty owed to any person who may be affected by a contravention of the order.

(4)

Without limiting the Regulator’s right to bring civil proceedings under paragraph (1), a duty owed to any person (“P”) by virtue of paragraph (3) may be enforced by civil proceedings by P for any appropriate remedy or relief.

(5)

For the purposes of paragraph (4), the duty owed to P may in particular be enforced by P as if it were contained in a contract between P and the authorised person who owes the duty.

Annotations

Footnotes

f1: 1988 c. 36.