a consumer offence — — an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce, an offence under legislation under which legislation within paragraph (a) is made, an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer, an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or an offence described in paragraph 36 or 37 of this Schedule Schedule 5, Part 6, paragraph 46(2)

a consumer offence — — an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce, an offence under legislation under which legislation within paragraph (a) is made, an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or an offence described in paragraph 36 or 37 of this Schedule Schedule 5, Part 6, paragraph 46(4)

a consumer offence — — an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce, an offence under legislation under which legislation within paragraph (a) is made, an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or an offence described in paragraph 36 or 37 of this Schedule Schedule 5, Part 6, paragraph 46(6)

a loss case — a case in which— subsection (3)(a) or (b) of that section applies (a belief that a person has engaged or is engaging in conduct which constitutes an infringement), and consumers have suffered loss as a result of that conduct Schedule 7, paragraph 8(10)

a loss case — a case in which— subsection (1) of that section applies (a finding that a person has engaged in conduct which constitutes an infringement), and consumers have suffered loss as a result of that conduct Schedule 7, paragraph 8(9)

a section 47B claim — a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings Schedule 8, Part 2, paragraph 30(2)

an undertaking as to damages — an undertaking to pay damages which a person sustains as a result of the interim injunction and which the Tribunal considers the person to whom the injunction is granted should pay Schedule 8, Part 2, paragraph 31(4)

approved scheme — a redress scheme approved by the CMA Schedule 8, Part 1, paragraph 12(11)

area enforcer — — a local weights and measures authority in Great Britain, a district council in England, or a district council in Northern Ireland Schedule 5, Part 6, paragraph 43

assured tenancy — a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where— the landlord is— a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease; “contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act) and includes a person who proposes to be a contract-holder under an occupation contract because the occupation contract has come to an end; “dwelling-house” may be a house or part of a house; “fully mutual housing association” has the same meaning as in Part 1 of the Housing Associations Act 1985 (see section 1(1) and (2) of that Act); “landlord” includes a person who proposes to be a landlord under a tenancy or an occupation contract and a person who has ceased to be a landlord under a tenancy or an occupation contract because the tenancy has come to an end Section 88(1)

average consumer — a consumer who is reasonably well-informed, observant and circumspect Section 64(5)

charity — a body, or the trustees of a trust, established for charitable purposes only; “damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses); “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990 Schedule 8, Part 1, paragraph 6(9)

client money protection scheme — a scheme which enables a person on whose behalf a letting agent holds money to be compensated if all or part of that money is not repaid to that person in circumstances where the scheme applies Section 83(9)

collective proceedings order — an order made by the Tribunal authorising the continuance of collective proceedings; “infringement decision”, except in section 49C, has the meaning given in section 47A(6); “injunction” includes an interim injunction; “opt-in collective proceedings” has the meaning given in section 47B(10); “opt-out collective proceedings” has the meaning given in section 47B(11) Schedule 8, Part 1, paragraph 15(2)

communications — — communications between a professional legal adviser and the adviser's client, or communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings Schedule 5, Part 3, paragraph 15(7)

communications — — communications between a professional legal adviser and the adviser's client, or communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings Schedule 5, Part 4, paragraph 27(7)

communications — — communications between a professional legal adviser and the adviser's client, or communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings Schedule 5, Part 4, paragraph 29(7)

compensating party — a person offering compensation under an approved scheme Schedule 8, Part 1, paragraph 12(11)

conditional sales contract — a sales contract under which— and it makes no difference whether or not the consumer possesses the goods. the price for the goods or part of it is payable by instalments, and the trader retains ownership of the goods until the conditions specified in the contract (for the payment of instalments or otherwise) are met Section 5(3)

Consumer — an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession Section 2(3)

consumer code — a code of practice or other document (however described) intended, with a view to safeguarding or promoting the interests of consumers, to regulate by any means the conduct of persons engaged in the supply of goods or services to consumers (or the conduct of their employees or representatives) Schedule 7, paragraph 5(3)

Consumer Rights Directive — Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Section 59(1)

container — anything in which goods may be stored Schedule 5, Part 4, paragraph 31(4)

court — — in relation to England and Wales, the High Court or the county court, in relation to Northern Ireland, the High Court or a county court, and in relation to Scotland, the Court of Session or the sheriff Section 30(10)

credit brokerage — — introducing individuals who want to obtain credit to persons carrying on any business so far as it relates to the provision of credit, introducing individuals who want to obtain goods on hire to persons carrying on a business which comprises or relates to supplying goods under a contract for the hire of goods, or introducing individuals who want to obtain credit, or to obtain goods on hire, to other persons engaged in credit brokerage Section 59(1)

credit-broker — a person acting in the course of a business of credit brokerage carried on by that person Section 59(1)

delivery — voluntary transfer of possession from one person to another; “enactment” includes— an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment contained in, or in an instrument made under, Northern Ireland legislation; “producer”, in relation to goods or digital content, means— the manufacturer, the importer into the United Kingdom, or any person who purports to be a producer by placing the person's name, trade mark or other distinctive sign on the goods or using it in connection with the digital content Section 59(1)

Digital content — data which are produced and supplied in digital form Section 2(9)

distance supplier — — a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004 (SI 2004/2095), or a supplier of unsolicited financial services within the meaning of regulation 15 of those regulations; “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; “intermediary” has the same meaning as in the Financial Services (Distance Marketing) Regulations 2004 Section 63(7)

domestic enforcer — — the Competition and Markets Authority, a local weights and measures authority in Great Britain, a district council in England, the Department of Enterprise, Trade and Investment in Northern Ireland, a district council in Northern Ireland, the Secretary of State, the Gas and Electricity Markets Authority, the Department for Infrastructure in Northern Ireland, the Utility Regulator in Northern Ireland, the Civil Aviation Authority, for the purposes of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), the British Hallmarking Council, an assay office within the meaning of the Hallmarking Act 1973, or any other person to whom the duty in subsection (1) of section 27 of the Consumer Protection Act 1987 (duty to enforce safety provisions) applies by virtue of regulations under subsection (2) of that section Schedule 5, Part 1, paragraph 3(1)

enforcement authority — — the Competition and Markets Authority, a local weights and measures authority in Great Britain, and the Department of Enterprise, Trade and Investment in Northern Ireland Section 30(10)

enforcement order — an order under section 156 of the Digital Markets, Competition and Consumers Act 2024 Schedule 5, Part 1, paragraph 8

enforcer — — a domestic enforcer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a public designated enforcer, or an unfair contract terms enforcer Schedule 5, Part 1, paragraph 2(1)

enforcer — — a domestic enforcer, or an authorised enforcer for the purposes of that Part (see paragraph 20(7)) Schedule 5, Part 1, paragraph 2(2)

final enforcement notice — a notice under paragraph 16C(2) of this Schedule Schedule 5, Part 1, paragraph 8

firm — any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association Schedule 5, Part 1, paragraph 8

Goods — any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity Section 2(8)

infringement decision — — a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, or a decision of the Commission that the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed Schedule 8, Part 1, paragraph 12(11)

infringement decision — — a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, a decision of the Tribunal on an appeal from a decision of the CMA that the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed, or a decision of the Commission that the prohibition in Article 101(1) or the prohibition in Article 102 has been infringed Schedule 8, Part 1, paragraph 4(1)

interim enforcement order — an order under section 159 of that Act Schedule 5, Part 1, paragraph 8

interim online interface order — an order under section 162 of that Act Schedule 5, Part 1, paragraph 8

letting agency work — things done by a person in the course of a business in response to instructions received from— a person (“a prospective landlord”) seeking to find another person wishing to rent a dwelling-house under an assured tenancy or an occupation contract and, having found such a person, to grant such a tenancy or occupation contract, or a person (“a prospective tenant”) seeking to find a dwelling-house to rent under an assured tenancy or an occupation contract and, having found such a dwelling-house, to obtain such a tenancy or occupation contract of it Section 86(1)

letting agent — a person who engages in letting agency work (whether or not that person engages in other work) Section 84(1)

local authority — — a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London in its capacity as local authority, or the Council of the Isles of Scilly Section 88(2)

long lease — a lease which— in relation to England— is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), or in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within sub-paragraph (a)(i) of this definition if the tenant’s total share (within the meaning given by that section) were 100%; in relation to Wales, falls within the definition of “long tenancy” given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1). “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act) except where— the landlord is— a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease Section 88(1)

negligence — the breach of— any obligation to take reasonable care or exercise reasonable skill in the performance of a contract where the obligation arises from an express or implied term of the contract, a common law duty to take reasonable care or exercise reasonable skill, the common duty of care imposed by the Occupiers' Liability Act 1957 or the Occupiers' Liability Act (Northern Ireland) 1957, or the duty of reasonable care imposed by section 2(1) of the Occupiers' Liability (Scotland) Act 1960 Section 65(4)

notice of exemption — a notice issued under paragraph 9 as it stood before section 78 of the Consumer Rights Act 2015 came into force Section 78(3)

notice of exemption — a notice issued under paragraph 9 as it stood before section 78 of the Consumer Rights Act 2015 came into force Section 78(7)

official — — in the case of a company, a director, manager, secretary or other similar officer, in the case of a limited liability partnership, a member, in the case of a partnership other than a limited liability partnership, a partner, and in the case of an unincorporated association, a person who is concerned in the management or control of its affairs Schedule 5, Part 3, paragraph 16(6)

online interface order — an order under section 161 of that Act Schedule 5, Part 1, paragraph 8

penalty — a penalty imposed under paragraph 16A or 16C Schedule 5, Part 3, paragraph 16G(7)

primary legislation — — an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales, or Northern Ireland legislation Schedule 5, Part 2, paragraph 12(8)

primary legislation — — an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation Section 96(5)

private designated enforcer — a person or body which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act) Schedule 5, Part 3, paragraph 13(10)

product — — goods, a service, digital content, as defined in section 2(9), immovable property, or rights or obligations Schedule 5, Part 4, paragraph 35

public designated enforcer — a person or body which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(1) of that Act), but for this purpose does not include— the Competition and Markets Authority, a local weights and measures authority in Great Britain, or the Department for the Economy in Northern Ireland Schedule 5, Part 1, paragraph 5

redress scheme — a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person Schedule 8, Part 1, paragraph 12(11)

redress scheme — a redress scheme for which provision is made by order under section 83 or 84 of the Enterprise and Regulatory Reform Act 2013. “third party website”, in relation to a letting agent, means a website other than the agent's website Section 83(9)

registered social landlord — a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996; “tenant” includes a person who proposes to be a tenant under a tenancy and a person who has ceased to be a tenant under a tenancy because the tenancy has come to an end Section 88(1)

Regulation (EU) 2017/745 on medical devices — Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC Schedule 5, Part 1, paragraph 8

Regulation (EU) 2017/746 on in vitro diagnostic medical devices — Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU Schedule 5, Part 1, paragraph 8

regulator — — the CMA, the Department of Enterprise, Trade and Investment in Northern Ireland, a local weights and measures authority in Great Britain, the Financial Conduct Authority, the Office of Communications, the Information Commissioner, the Gas and Electricity Markets Authority, the Water Services Regulation Authority, the Office of Rail and Road, the Northern Ireland Authority for Utility Regulation, or the Consumers' Association Schedule 3, paragraph 8(1)

relevant infringement — an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule Schedule 5, Part 4, paragraph 20(8)

relevant medical device — — where a domestic enforcer is acting pursuant to a duty mentioned in sub-paragraph (1)(a) or (b), any medical device to which the Medical Devices Regulations 2002 apply; where a domestic enforcer is acting pursuant to the duty mentioned in sub-paragraph (1)(c), any medical device to which Regulation (EU) 2017/745 on medical devices or Regulation (EU) 2017/746 on in vitro diagnostic medical devices applies Schedule 5, Part 4, paragraph 30A(3)

relevant person — the person from whom the goods were purchased or seized or, where the goods were purchased or seized from a vending machine— the person whose name and address are on the vending machine as the owner of the machine, or if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed Schedule 5, Part 5, paragraph 39(5)

relevant person — — a person within sub-paragraph (5), in a case within sub-paragraph (1)(a), a person who is a party to the proceedings, and in a case within sub-paragraph (1)(b), a person with an interest in the goods Schedule 5, Part 5, paragraph 39(6)

representative — a person who is authorised by a collective proceedings order to bring collective proceedings Schedule 8, Part 1, paragraph 15(2)

representative body — an organisation established to represent the interests of two or more businesses in a particular sector or area, and for this purpose “business” has the meaning it bears in section 210 Schedule 7, paragraph 5(3)

represented person — a class member who— has opted in to opt-in collective proceedings, was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or has opted in to opt-out collective proceedings Schedule 8, Part 1, paragraph 15(2)

routine inspection — an exercise of the power in sub-paragraph (1) other than where— the power is exercised by an officer of a domestic enforcer who reasonably suspects a breach of the enforcer's legislation, the officer reasonably considers that to give notice in accordance with sub-paragraph (3) would defeat the purpose of the entry, it is not reasonably practicable in all the circumstances to give notice in accordance with that sub-paragraph, in particular because the officer reasonably suspects that there is an imminent risk to public health or safety, or the enforcer is a market surveillance authority within the meaning of Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the entry is for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation Article 3(3) of that Regulation Schedule 5, Part 4, paragraph 23(6)

rule — a rule made by the Financial Conduct Authority or the Prudential Regulation Authority under the Financial Services and Markets Act 2000 or by a designated professional body within the meaning of section 326(2) of that Act Section 63(7)

secondary ticketing facility — an internet-based facility for the re-sale of tickets for recreational, sporting or cultural events; “subsidiary undertaking” has the meaning given by section 1162 of the Companies Act 2006; “undertaking” has the meaning given by section 1161(1) of the Companies Act 2006 Section 95(1)

settlement representative — a person who is authorised by a collective settlement order to act in relation to a collective settlement Schedule 8, Part 1, paragraph 11(1)

specified — specified in a direction made by the Tribunal Schedule 8, Part 1, paragraph 10(1)

specified — specified in a direction made by the Tribunal Schedule 8, Part 1, paragraph 5(1)

statutory rate — the rate for the time being specified in section 17 of the Judgments Act 1838 Schedule 5, Part 3, paragraph 16G(7)

the appropriate court — — in relation to England and Wales or Northern Ireland, the High Court, and in relation to Scotland, the Outer House of the Court of Session Schedule 5, Part 3, paragraph 16D(8)

the appropriate national authority — — in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers Section 88(1)

the CMA — the Competition and Markets Authority; “injunction” includes an interim injunction; “interdict” includes an interim interdict Schedule 3, paragraph 9

the court — — the High Court, in relation to England and Wales, the county court, in relation to Northern Ireland, a county court, the Court of Session, or the sheriff Schedule 5, Part 3, paragraph 16(6)

the court — — in England and Wales, the High Court or the county court, in Northern Ireland, the High Court or a county court, in Scotland, the Court of Session or the sheriff Schedule 8, Part 1, paragraph 12(9)

the court — — in England and Wales or Northern Ireland, the High Court, in Scotland, the Court of Session or the sheriff Schedule 8, Part 1, paragraph 13(5)

the court — — in England and Wales or Northern Ireland, the High Court, in Scotland, the Court of Session or the sheriff Schedule 8, Part 1, paragraph 14(1)

the Distance Marketing Directive — Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC Section 63(7)

the Market Surveillance Regulation — Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011; “relevant notice” has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024 Schedule 5, Part 1, paragraph 8

the original contract — the contract for the sale of the ticket by an organiser of the event to a person other than an organiser of the event Section 91(4)

the Part — Part 2 (unfair terms) of the Consumer Rights Act 2015 Schedule 4, paragraph 31(3)

the Regulation on Accreditation and Market Surveillance — Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 Schedule 5, Part 1, paragraph 8

Trader — 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 Section 2(2)

unfair contract terms enforcer — a person or body which— is for the time being listed in paragraph 8(1) of Schedule 3 (persons or bodies that may enforce provisions about unfair contract terms), and is a public authority within the meaning of section 6 of the Human Rights Act 1998 Schedule 5, Part 1, paragraph 6

United Kingdom national — — a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; a person who is a British subject under the British Nationality Act 1981; a British protection person within the meaning of that Act Schedule 5, Part 3, paragraph 17A(7)

working day — a day other than— Saturday or Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated Schedule 5, Part 4, paragraph 23(12)