Consumer Rights Act 2022
|
Publication of order made by court under section 137(1) | ||
|
139. (1) Subject to subsection (3), where a court makes an order under section 137 (1) declaring that a term of a consumer contract is unfair— | ||
(a) the authorised body that made the application for the order, and | ||
(b) where it did not make the application for the order, the Competition and Consumer Protection Commission, | ||
shall publish, before the expiration of the period specified in subsection (2), a copy of the order on its website. | ||
(2) The period referred to in subsection (1) is the period of 90 days beginning on— | ||
(a) where no appeal is brought against the order made under section 137 (1), the day on which the period for bringing an appeal expires, or | ||
(b) where such an appeal is brought, the day on which the appeal is finally determined or is withdrawn or abandoned. | ||
(3) Subject to subsection (5), where the authorised body and, where it did not make the application for the order, the Competition and Consumer Protection Commission, consider that it would be— | ||
(a) in the interests of consumer protection, or | ||
(b) necessary in order to comply with a legal or regulatory requirement, | ||
they may, instead of publishing a copy of the order as required by subsection (1), publish in such form and manner as they consider appropriate a notice that sets out the term of a consumer contract that the court has declared to be unfair, without disclosing information specified in subsection (4). | ||
(4) The information referred to in subsection (3) is— | ||
(a) information that would identify the parties, and | ||
(b) where subsection (3)(b) applies, information that is not permitted to be disclosed under that legal or regulatory requirement. | ||
(5) Where subsection (3) applies, both the authorised body and, where it did not make the application for the order, the Competition and Consumer Protection Commission shall publish the same notice. |