OpenLegislation

Article 14 Judicial proceedings by representative organisations or associations and by public bodies

United Kingdom

Original text. Later amendments are not shown.

1.

Organisations and associations that have a legitimate interest in representing business users or in representing corporate website users F1have the right to take action before a court listed in paragraph 1A to stop or prohibit any non-compliance by providers of online intermediation services or by providers of online search engines, with the relevant requirements laid down in this Regulation.

F21A.

The courts referred to in paragraph 1 are:

(a)

in relation to England and Wales, the county court or the High Court;

(b)

in relation to Northern Ireland, a county court or the High Court;

(c)

in relation to Scotland, the sheriff court or the Court of Session.

F32.

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3.

Organisations or associations shall have the right referred to in paragraph 1 only where they meet all of the following requirements:

(a)

they are properly established in accordance with the law of F4the United Kingdom or any part of it;

(b)

they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent on a sustained basis;

(c)

they are of a non-profit making character;

(d)

their decision-making is not unduly influenced by any third party providers of financing, in particular by providers of online intermediation services or of online search engines.

To this end, organisations or associations shall fully and publicly disclose information on their membership and source of financing.

F54.

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5.

F6The Secretary of State may designate:

(a)

organisations or associations established in F7the United Kingdom that meet at least the requirements of paragraph 3 at the request of those organisations or associations;

F8(b)

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that are granted the right referred to in paragraph 1. F9...

F106.

The Secretary of State must publish a list of any organisations or associations designated in accordance with paragraph 5. The list must specify the purpose of those organisations and associations. Changes to the list must be published as soon as is reasonably practicable.

7.

The court shall accept the list referred to in paragraph 6 as proof of the legal capacity of the F11organisation or association, without prejudice to the court’s right to examine whether the purpose of the claimant justifies its taking action in a specific case.

F128.

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9.

The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to start any action F13... which is based on individual rights and aims to stop any non-compliance, by providers of online intermediation services or providers of online search engines, with the relevant requirements laid down in this Regulation.

Annotations

Textual amendments

F1

Words in Art. 14(1) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(a)

F2

Art. 14(1A) inserted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(b)

F3

Art. 14(2) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(c)

F4

Words in Art. 14(3)(a) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(d)

F5

Art. 14(4) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(e)

F6

Words in Art. 14(5) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(f)(i)

F7

Words in Art. 14(5)(a) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(f)(ii)

F8

Art. 14(5)(b) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(f)(iii)

F9

Words in Art. 14(5) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(f)(iv)

F10

Art. 14(6) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(g)

F11

Words in Art. 14(7) substituted (31.12.2020) by The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(h)

F12

Art. 14(8) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(i)

F13

Words in Art. 14(9) omitted (31.12.2020) by virtue of The Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/796), regs. 1, 11(j)