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Consumer Rights BillPage 120

the 1998 Act, including describing the factors relevant to
determining whether a claim is suitable to be dealt with according
to that procedure.

(2) Tribunal rules may make different provision for claims in
5proceedings under section 47A of the 1998 Act which are and
which are not subject to the fast-track procedure.

(3) Tribunal rules may, in particular, provide for the Tribunal to—

(a) grant an interim injunction on a claim in proceedings
under section 47A of the 1998 Act which is subject to the
10fast-track procedure to a person who has not given an
undertaking as to damages, or

(b) impose a cap on the amount that a person may be required
to pay under an undertaking as to damages given on the
granting of such an interim injunction.

(4) 15In sub-paragraph (3) “an undertaking as to damages” means 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.

Collective proceedings

15B (1) 20Tribunal rules may make provision in relation to collective
proceedings under section 47B of the 1998 Act.

(2) Rules under sub-paragraph (1) must in particular make provision
as to the following matters—

(a) the procedure governing an application for a collective
25proceedings order;

(b) the factors which the Tribunal must take into account in
deciding whether a claim is suitable to be brought in
collective proceedings (but rules need not make provision
in connection with the determination as to whether claims
30raise the same, similar or related issues of fact or law);

(c) the factors which the Tribunal must take into account in
deciding whether to authorise a person to act as a
representative in collective proceedings;

(d) the procedure by which the Tribunal is to reach a decision
35as to whether to make a collective proceedings order;

(e) the procedure by which a person may opt in or opt out of
collective proceedings;

(f) the factors which the Tribunal must take into account in
deciding whether to vary or revoke a collective
40proceedings order;

(g) the assessment of damages in collective proceedings;

(h) the payment of damages in collective proceedings,
including the procedure for publicising an award of
damages;

(i) 45the effect of judgments and orders in collective
proceedings.

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Collective settlements

15C (1) Tribunal rules may make provision in relation to collective
settlements under sections 49A and 49B of the 1998 Act.

(2) Rules under sub-paragraph (1) must in particular make provision
5as to the following matters—

(a) the procedure governing an application for approval of a
proposed collective settlement;

(b) where section 49B applies, the factors which the Tribunal
must take into account in deciding whether to make a
10collective settlement order (but rules need not make
provision in connection with the determination as to
whether claims raise the same, similar or related issues of
fact or law);

(c) where section 49B applies, the factors which the Tribunal
15must take into account in deciding whether to authorise a
person to act as a settlement representative in relation to a
collective settlement;

(d) where section 49B applies, the procedure by which the
Tribunal is to reach a decision as to whether to make a
20collective settlement order;

(e) the factors which the Tribunal must take into account in
deciding whether to approve a proposed collective
settlement;

(f) the procedure by which the Tribunal is to reach a decision
25as to whether to approve a collective settlement;

(g) the procedure by which a person may opt in or opt out of
a collective settlement;

(h) the payment of compensation under a collective
settlement, including the procedure for publicising a
30compensation award.

32 In paragraph 17 (conduct of the hearing)—

(a) after sub-paragraph (1)(h) insert—

(ha) allowing the Tribunal to order payments in respect
of the representation of a party to proceedings
35under section 47A or 47B of the 1998 Act, where the
representation by a legal representative was
provided free of charge;;

(b) in sub-paragraph (2)—

(i) for “an individual” substitute “a person”; and

(ii) 40for “that individual” substitute “that person”;

(c) in sub-paragraph (3), for “an individual” substitute “a person”.

33 After paragraph 20 insert—

Stay or sist of proceedings

20A (1) In relation to proceedings in England and Wales or Northern
45Ireland under section 47A or 47B of the 1998 Act, Tribunal rules
may make provision as to the stay of the proceedings, including as
to—

Consumer Rights BillPage 122

(a) the circumstances in which a stay may be ordered or
removed at the request of a party to the proceedings,

(b) the circumstances in which the proceedings may be stayed
at the instance of the Tribunal, and

(c) 5the procedure to be followed.

(2) In relation to proceedings in Scotland under section 47A or 47B of
the 1998 Act, Tribunal rules may make provision as to the sist of
the proceedings, including as to—

(a) the circumstances in which a sist may be granted or
10recalled at the request of a party to the proceedings,

(b) the circumstances in which the proceedings may be sisted
at the instance of the Tribunal, and

(c) the procedure to be followed.

(3) Rules under sub-paragraph (1) or (2) may in particular make
15provision in relation to the stay or sist of proceedings under
section 47A or 47B which relate to a claim in respect of an
infringement decision (as defined in section 47A(5)) which has not
become final (see section 58A of the 1998 Act).

34 After paragraph 21 insert—

20Injunctions

21A Tribunal rules may make provision in relation to the grant of
injunctions (including interim injunctions) in proceedings under
section 47A or 47B of the 1998 Act.

35 In paragraph 23(3), for “an individual” substitute “a person”.

36 25In paragraph 25, after “transfer” insert “all or any part of”.

Part 3 Courts and Legal Services Act 1990

37 In the Courts and Legal Services Act 1990, in section 58AA (damages-based
agreements), after subsection (10) insert—

(11) 30Subsection (1) is subject to section 47C(7) of the Competition Act
1998.

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