Regulation 12 Injunctions to prevent continued use of unfair termsF1I1
England, Wales and Scotland
The F2CMA or, subject to paragraph (2), any qualifying body may apply for an injunction (including an interim injunction) against any person appearing to the CMA or that body to be using, or recommending use of, an unfair term drawn up for general use in contracts concluded with consumers.
A qualifying body may apply for an injunction only where–
it has notified the CMA of its intention to apply at least fourteen days before the date on which the application is made, beginning with the date on which the notification was given; or
the CMA consents to the application being made within a shorter period.
The court on an application under this regulation may grant an injunction on such terms as it thinks fit.
An injunction may relate not only to use of a particular contract term drawn up for general use but to any similar term, or a term having like effect, used or recommended for use by any person.
Annotations
Textual amendments
- F1
Regulations revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 34; S.I. 2015/1630, art. 3(g) (with savings in art. 6(1))
- F2
Word in reg. 12 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(4) (with art. 3)
Commencement
- I1
Reg. 12 in force at 1.10.1999, see reg. 1