The Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003

Criteria for designation

3.  The criteria that an applicant must satisfy in order that the Secretary of State may designate it as a designated enforcer under section 213(2) of the Act are as follows:

(a) the applicant is so constituted, managed and controlled as to be expected to act independently, impartially and with complete integrity and has established procedures to ensure that any potential conflicts of interest are properly dealt with;

(b) the applicant has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers in respect of domestic infringements or Community infringements, including, where the applicant is a successor to any person or body which had such expertise, by reference to that person or body;

(c) the applicant has demonstrated the ability to protect the collective interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to such consumers;

(d) the applicant has the capability to investigate infringements and carry out the enforcement procedures set out in Part 8 of the Act in respect of the types of infringement for which it seeks designation;

(e) the applicant is ready and willing to follow best practice in enforcement;

(f) the applicant is ready and willing to co-operate with the OFT and other general enforcers, designated enforcers and Community enforcers and any other person responsible for the regulation of matters in respect of which acts or omissions may constitute domestic or Community infringements including by:

(i) sharing information with such other enforcers and persons in so far as legally permitted; and

(ii) by participating in arrangements to co-ordinate action under Part 8 with other enforcers and persons acting or proposing to act in respect of the same person.