Proceedings restraining use of grossly unfair termsS
[F13.—(1) In this regulation, “representative body” means an organisation established to represent the collective interests of any undertaking, either in general or in a particular sector or area.
(2) Paragraph (3) applies where a person acting in the course of a business enters (or intends to enter) as purchaser into a contract to which the Late Payment of Commercial Debts (Interest) Act 1998 applies.
(3) On the application of a representative body, the Court of Session may grant an interdict on such terms as it thinks fit restraining the person from relying on a term in the contract, or engaging in a practice in relation to the contract, where that term or practice relates to—
(a)the date or period for payment of a debt;
(b)the right to interest for late payment of a debt; or
(c)compensation arising out of late payment of a debt,
and in all the circumstances of the case that term or practice appears to the Court of Session to be grossly unfair.]