Enterprise Act 2002

[F1 Online interface orders and interim online interface orders] U.K.

Textual Amendments

F1 S. 218ZA cross-heading inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(4) (with reg. 8)

[F2 218ZA Applications U.K.

(1) The CMA may apply for an online interface order or an interim online interface order if the CMA thinks that there has been or is likely to be a [F3 Schedule 13 infringement].

(2) An online interface order or an interim online interface order may be sought against the person the CMA thinks has engaged, is engaging or is likely to engage in conduct which constitutes the [F4 Schedule 13 infringement] or against another person.

(3) The following courts have jurisdiction to make an online interface order or an interim online interface order—

(a) the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;

(b) the High Court or a county court if the person against whom the order is sought carries on business or has a place of business in Northern Ireland;

(c) the Court of Session or the sheriff if the person against whom the order is sought carries on business or has a place of business in Scotland.

Textual Amendments

F2 Ss. 218ZA-218ZD inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(5) (with reg. 8)

F3 Words in s. 218ZA(1) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9A) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in s. 218ZA(2) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9A) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

218ZB Online interface orders U.K.

(1) The court may make an online interface order on an application under section 218ZA if it finds that—

(a) there has been or is likely to be a [F5 Schedule 13 infringement],

(b) there are no other available means of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, and

(c) it is necessary to make the order to avoid the risk of serious harm to the collective interests of consumers.

(2) An online interface order must direct the person against whom it is made to do, or to co-operate with another person so that other person may do, one or more of the following—

(a) remove content from or modify content on an online interface;

(b) disable or restrict access to an online interface;

(c) display a warning to consumers accessing an online interface;

(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the CMA.

(3) Where an online interface order is made, the CMA may publish in such form and manner as it thinks appropriate for the purpose of eliminating any continuing effects of the [F6 Schedule 13 infringement] to which the order relates—

(a) the online interface order, and

(b) where known, the identity of the person who has engaged, is engaging or is likely to engage in conduct which constitutes the infringement.

[F7 (4)  An online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—

England and Wales	The High Court	The county court
Scotland	The Court of Session	The sheriff
Northern Ireland	The High Court	A county court]

Textual Amendments

F2 Ss. 218ZA-218ZD inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(5) (with reg. 8)

F5 Words in s. 218ZB(1)(a) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9B) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 218ZB(3) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9B) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F7 S. 218ZB(4) substituted (26.11.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(2), 2(4)

218ZC Interim online interface orders U.K.

(1) The court may make an interim online interface order on an application under section 218ZA if it appears to the court—

(a) that it is alleged that there has been or is likely to be a [F8 Schedule 13 infringement],

(b) that if the application had been an application for an online interface order it would be likely to be granted,

(c) that it is expedient to bring about the cessation or prohibition of the [F9 Schedule 13 infringement] immediately, and

(d) if no notice of the application has been given to the person against whom the order is sought that it is appropriate to make an interim online interface order without notice.

(2) An interim online interface order must direct the person against whom it is made to do, or to co-operate with another person so that person may do, one or more of the following—

(a) remove content from or modify content on an online interface;

(b) disable or restrict access to an online interface;

(c) display a warning to consumers accessing an online interface;

(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the CMA.

(3) An application for an interim online interface order against a person may be made at any time before an application for an online interface order against the person in respect of the same infringement is determined.

(4) An application for an interim online interface order must refer to all matters—

(a) which are known to the CMA, and

(b) which are material to the question whether or not the application is granted.

(5) If an application for an interim online interface order is made without notice the application must state why no notice has been given.

(6) The court may vary or discharge an interim online interface order on the application of—

(a) the CMA;

(b) the person against whom it is made.

(7) An interim online interface order against a person is discharged on the determination of an application for an online interface order made against the person in respect of the same infringement.

[F10 (8)  An interim online interface order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—

England and Wales	The High Court	The county court
Scotland	The Court of Session	The sheriff
Northern Ireland	The High Court	A county court]

Textual Amendments

F2 Ss. 218ZA-218ZD inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(5) (with reg. 8)

F8 Words in s. 218ZC(1)(a) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9C) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in s. 218ZC(1)(c) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9C) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F10 S. 218ZC(8) substituted (26.11.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(2), 2(5)

218ZD Online interface orders: supplementary U.K.

(1) In sections 218ZA to 218ZC, “online interface” means any software, including a website, part of a website or an application, that is operated by or on behalf of a trader, and which serves to give consumers access to the trader’s goods and services.

(2) In subsection (1), “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

(3) Nothing in sections 218ZA to 218ZC limits the operation of any provisions of this Part relating to—

(a) enforcement orders,

(b) interim enforcement orders, or

(c) undertakings,

in respect of [F11 Schedule 13 infringements].]

Textual Amendments

F2 Ss. 218ZA-218ZD inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(5) (with reg. 8)

F11 Words in s. 218ZD(3) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(9D) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(b)(8)); 2020 c. 1, Sch. 5 para. 1(1)