Section 97 Enforcement of sections 95 and 96I1

England and Wales Not yet in force

(1)

A person who makes a sales information request or an onward request (“C”) may make an application to the appropriate tribunal on the ground that another person (“D”) failed to comply with a requirement under section 95 or 96 in relation to the request.

(2)

The tribunal may make one or more of the following orders—

(a)

an order that D comply with the requirement before the end of a period specified by the tribunal;

(b)

an order that D pay damages to C for the failure;

(c)

if D charged C in excess of a limit specified in regulations under section 96 (2)(a), an order that D repay the amount charged in excess of the limit to C;

(d)

if D charged C in breach of regulations under section 96 (2)(b), an order that D repay the amount charged to C.

(3)

Damages under subsection (2)(b) may not exceed £5,000.

(4)

The appropriate authority may by regulations amend the amount in subsection (3) if the appropriate authority considers it expedient to do so to reflect changes in the value of money.

(5)

A statutory instrument containing regulations under this section is subject to the negative procedure.

Annotations

Commencement

I1: S. 97 not in force at Royal Assent, see s. 124(3)