SCHEDULE 3 Enforcement of the Law on Unfair Contract Terms and Notices

SCHEDULE 3 Enforcement of the Law on Unfair Contract Terms and Notices

Section 70

Application of Schedule

1

This Schedule applies to—

(a)     a term of a consumer contract,

(b)     a term proposed for use in a consumer contract,

(c)     a term which a third party recommends for use in a consumer contract, or

(d)     a consumer notice.

Consideration of complaints

2

(1)     A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).

(2)     If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3)     If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

Application for injunction or interdict

3

(1)     A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—

(a)     the person is using, or proposing or recommending the use of, a term or notice to

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