Textual Amendments
F1S. 218A crossheading inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(6) (with reg. 8)
(1)An enforcement order made on the application of a designated enforcer which is not a public body may require a person to take enhanced consumer measures only if the following conditions are satisfied.
(2)An undertaking given under section 217(9) following an application for an enforcement order made by a designated enforcer which is not a public body, or an undertaking given to such an enforcer under section 219, may include a further undertaking by a person to take enhanced consumer measures only if the following conditions are satisfied.
(3)The first condition is that the enforcer is specified for the purposes of this section by order made by the Secretary of State.
(4)The second condition is that the enhanced consumer measures do not directly benefit the enforcer or an associated undertaking.
(5)Enhanced consumer measures which directly benefit an enforcer or an associated undertaking include, in particular, measures which—
(a)require a person to pay money to the enforcer or associated undertaking,
(b)require a person to participate in a scheme which is designed to recommend persons supplying or seeking to supply goods or services to consumers and which is administered by the the enforcer or associated undertaking, or
(c)would give the enforcer or associated undertaking a commercial advantage over any of its competitors.
(6)The Secretary of State may make an order under subsection (3) specifying an enforcer only if the Secretary of State is satisfied that to do so is likely to—
(a)improve the availability to consumers of redress for infringements to which the enforcer's designation relates,
(b)improve the availability to consumers of information which enables them to choose more effectively between persons supplying or seeking to supply goods or services, or
(c)improve compliance with consumer law.
(7)The Secretary of State may make an order under subsection (3) specifying an enforcer only if the functions of the enforcer under this Part have been specified under section 24 of the Legislative and Regulatory Reform Act 2006 (functions to which principles under section 21 and code of practice under section 22 apply), to the extent that they are capable of being so specified.
(8)The power to make an order under subsection (3)—
(a)is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
(b)includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision.
(9)Subsection (10) applies if—
(a)an enforcer exercises a function in relation to a person by virtue of subsection (1) or (2),
(b)that function is a relevant function for the purposes of Part 2 (co-ordination of regulatory enforcement) of the Regulatory Enforcement and Sanctions Act 2008, and
(c)a primary authority (within the meaning of that Part) has given advice or guidance under section 27(1) of that Act—
(i)to that person in relation to that function, or
(ii)to other local authorities (within the meaning of that Part) with that function as to how they should exercise it in relation to that person.
(10)The enforcer must, in exercising the function in relation to that person, act consistently with that advice or guidance.
(11)In this section “associated undertaking”, in relation to a designated enforcer, means—
(a)a parent undertaking or subsidiary undertaking of the enforcer, or
(b)a subsidiary undertaking of a parent undertaking of the enforcer,
and for this purpose “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.]
Textual Amendments
F2Ss. 219A-219C inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 7 para. 8 (with s. 79(2)); S.I. 2015/1630, art. 3(i)