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

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order sets out the criteria which a person or body (which is not a public body) must satisfy in order that the Secretary of State may designate it as a designated enforcer under Part 8 of the Enterprise Act 2002. The Order also designates the public bodies listed in the Schedule as designated enforcers for the purposes of all infringements. A designated enforcer may take action to obtain enforcement orders to restrain those Community and domestic infringements in respect of which the enforcer is designated.

The provisions in Part 8 of the Enterprise Act in respect of Community infringements implement the Injunctions Directive (Directive 98/27/EEC of the European Parliament and of the Council of 19th May 1998 on injunctions for the protection of consumers' interests) (OJ L 166, 11th June 1998, p.51). The Stop Now Orders (EC Directive) Regulations 2001 (S.I. 2001 No. 1422) (“SNORS”) are accordingly revoked by the Enterprise Act.

The bodies listed in the Schedule were previously designated by SNORS as public UK qualified entities. Designation under this Order for the purpose of Part 8 supersedes designation under SNORS. Local weights and measures authorities in Great Britain and the Department of Enterprise, Trade and Investment in Northern Ireland (which were designated under SNORS) are now general enforcers under Part 8 of the Act (section 213).