Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
173 Appropriate court
(1) This section applies for the purposes of determining the appropriate court in relation to an application for, or the making of, a consumer protection order against a person (“the respondent”) in connection with a relevant infringement.
(2) If the respondent has a place of business in, or carries on business in, a part of the United Kingdom, the appropriate court is—
(a) the High Court or the county court in England and Wales, if the respondent carries on business in England and Wales or has a place of business in England and Wales;
(b) the High Court or a county court in Northern Ireland, if the respondent carries on business in Northern Ireland or has a place of business in Northern Ireland;
(c) the Court of Session or the sheriff, if the respondent carries on business in Scotland or has a place of business in Scotland.
(3) If the respondent does not have a place of business in, and does not carry on business in, any part of the United Kingdom, the appropriate court is—
(a) the High Court or the county court in England and Wales, if a relevant consumer is domiciled in England or Wales;
(b) the High Court or a county court in Northern Ireland, if a relevant consumer is domiciled in Northern Ireland;
(c) the Court of Session or the sheriff, if a relevant consumer is domiciled in Scotland.
(4) References in subsection (3) to a “relevant consumer” are to any consumer—
(a) to or for whom goods, services or digital content are supplied in connection with which the relevant infringement has, or is alleged to have, taken place,
(b) to whom activities are directed the carrying out of which constitutes, or is alleged to constitute, the relevant infringement, or
(c) from whom goods are received in connection with which the relevant infringement has, or is alleged to have, taken place.
(5) Section 41 of the Civil Jurisdiction and Judgments Act 1982 applies for the purposes of determining the part of the United Kingdom in which a relevant consumer is domiciled.
Your change, as a redline
173 Appropriate court
(1) This section applies for the purposes of determining the appropriate court in relation to an application for, or the making of, a consumer protection order against a person (“the respondent”) in connection with a relevant infringement.
(2) If the respondent has a place of business in, or carries on business in, a part of the United Kingdom, the appropriate court is—
(a) the High Court or the county court in England and Wales, if the respondent carries on business in England and Wales or has a place of business in England and Wales;
(b) the High Court or a county court in Northern Ireland, if the respondent carries on business in Northern Ireland or has a place of business in Northern Ireland;
(c) the Court of Session or the sheriff, if the respondent carries on business in Scotland or has a place of business in Scotland.
(3) If the respondent does not have a place of business in, and does not carry on business in, any part of the United Kingdom, the appropriate court is—
(a) the High Court or the county court in England and Wales, if a relevant consumer is domiciled in England or Wales;
(b) the High Court or a county court in Northern Ireland, if a relevant consumer is domiciled in Northern Ireland;
(c) the Court of Session or the sheriff, if a relevant consumer is domiciled in Scotland.
(4) References in subsection (3) to a “relevant consumer” are to any consumer—
(a) to or for whom goods, services or digital content are supplied in connection with which the relevant infringement has, or is alleged to have, taken place,
(b) to whom activities are directed the carrying out of which constitutes, or is alleged to constitute, the relevant infringement, or
(c) from whom goods are received in connection with which the relevant infringement has, or is alleged to have, taken place.
(5) Section 41 of the Civil Jurisdiction and Judgments Act 1982 applies for the purposes of determining the part of the United Kingdom in which a relevant consumer is domiciled.
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