Part 3: Enforcement of consumer protection law Online interface orders and interim online interface orders Section 160: Applications
This section and sections 161 to 162 replace and update sections 218ZA – 218ZD of Part 8 of the Enterprise Act 2002. Those sections limited the CMA’s, and the court’s, online interface powers to infringements of EU-derived consumer protection laws. With the consolidation of infringements of domestic and EU-derived laws into a single category of infringement, this limitation is removed. Therefore, this section extends the courts’ online interface powers to the enactments, obligations and rules of law previously categorised as domestic infringements under Part 8. This section also extends the power to apply for an online interface order to all public designated enforcers, rather than just the CMA as was the case under the Enterprise Act 2002.
	The following examples illustrate where online interface orders and interim online interface orders could potentially be useful in relation to consumer protection law within the former category of domestic infringements in Part 8:
	Underage sales products: Several consumer protection enactments of domestic origin restrict the display or supply of certain products until the consumer is at an age to make informed decisions as to the risks (fireworks and tobacco for example). An online platform based overseas could be promoting the supply of such third-party products to consumers in the UK.
	Hallmarking: There is a strict legal requirement for domestic suppliers of precious metals to consumers (such as gold, silver and palladium) to have their articles appropriately assessed as to their authenticity and quality - and stamped (or hallmarked) by an assay office. A trader based overseas may decide to direct its sales to consumers in the UK, supplying falsely described – or highly substandard – "precious" metals directly to UK consumers in breach of UK hallmarking requirements. Where the trader cannot be identified or is not responsive to enforcement measures against them, the public designated enforcer might wish to apply for an online interface order against a third party UK-based website through which the trader’s sales are directed at consumers in the UK.
	Weights and measures: Under the UK’s weights and measures regime, there are systems of control for the sale of packaged or short-weight goods as well as the prescribed measurements and descriptions as to their mass, volume or number. It is possible that there may be online supply of goods to UK consumers which have the aim of overcoming legal restrictions or avoiding inspection. Where the trader cannot be identified or is not responsive to enforcement measures against them, the public designated enforcer might wish to apply for an online interface order against the third-party overseas website through which the trader’s goods are sold to UK consumers.
	Subsection (1) sets out the circumstances when a public designated enforcer (as listed in section 151(1) may apply to court for an online interface order or an interim online interface order.
	Subsection (2) sets out the categories of person in respect of whom the application may be made: the infringer or a third party. However, subsection (3) sets out a jurisdictional test which limits the power of public designated enforcers to apply for an order to a third party overseas who satisfies at least one of the conditions listed in that subsection. See the explanatory note for section 149 regarding the "carries on business in the United Kingdom" and the "directs activities … to consumers in the United Kingdom" limbs of this jurisdictional test.
	Subsection (5) extends the CMA’s enforcement coordination power set out in section 154 so it can make directions to other enforcers when it appears that another public designated enforcer intends to apply for an online interface order or interim online interface order.
	Subsection (6) clarifies that the power to apply for an online interface order or interim online interface order does not preclude the use of the other powers provided by this Chapter. It is possible that a public designated enforcer might wish to apply for an enforcement order against the infringer and, simultaneously, for an online interface order against a third party (where, for example, the enforcer does not consider that an enforcement order against the infringer would, by itself, be wholly effective and considers that the online interface order is therefore necessary to avoid the risk of serious harm to the collective interests of consumers).