Consumer Rights Act 2015

Changes over time for: Cross Heading: Exercise of powers in this Part: authorised enforcers

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Point in time view as at 06/04/2025.

Changes to legislation:

Consumer Rights Act 2015, Cross Heading: Exercise of powers in this Part: authorised enforcers is up to date with all changes known to be in force on or before 18 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Exercise of powers in this Part: [F1[F2authorised] enforcers] U.K.

Textual Amendments

F1Words in Sch. 5 para. 20 cross-heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(8) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2Word in Sch. 5 para. 20 cross-heading substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(8) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

20(1)Any power in this Part of this Schedule which is conferred on [F3[F4an authorised] enforcer] may be exercised by such an enforcer only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.U.K.

(2)If the condition in sub-paragraph (3) is met, [F5[F6an authorised] enforcer] may exercise any power conferred on it by [F7paragraphs 22 to 25] and 31 to 34 for any purpose relating to the functions that the enforcer has under [F8Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(3)The condition is that an officer of the [F9[F10authorised] enforcer] reasonably suspects—

(a)that there has been, or is likely to be, a [F11[F12relevant] infringement],

(b)a failure to comply with [F13an enforcement order, an interim enforcement order, an online interface order or an interim online interface order] made on the application of that enforcer,

(c)a failure to comply with an undertaking given under [F14section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024] following such an application, F15...

(d)a failure to comply with an undertaking given to that enforcer under [F16section 163] [F17or section 185] of that Act [F18, or]

[F19(e)a failure to comply with a relevant notice or a final enforcement notice.]

[F20(3A) [F21[F22An authorised] enforcer] may exercise the power in paragraph 21 (power to purchase products) for either of the following purposes—

(a)the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met, or

(b)to obtain a product for use as evidence in proceedings under [F23Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].]

(4)[F24[F25An authorised] enforcer] may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met;

(b)to ascertain whether the documents may be required as evidence in proceedings under [F26Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(5)[F27[F28An authorised] enforcer] may exercise the power in paragraph 28 (power to seize and detain goods) in relation to goods which an officer of the enforcer reasonably suspects—

(a)may disclose (by means of testing or otherwise) a [F29[F30relevant] infringement] or a failure to comply with a measure specified in sub-paragraph (3)(b), (c) or (d), or

(b)may be required as evidence in proceedings under [F31Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(6)[F32[F33An authorised] enforcer] may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence in proceedings under [F34Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

[F35(7)Each of the following is an “authorised enforcer” for the purposes of this Part of this Schedule—

(a)the Competition and Markets Authority;

(b)the Civil Aviation Authority;

(c)the Financial Conduct Authority;

(d)the Secretary of State;

(e)the Department of Health in Northern Ireland;

(f)the Office of Communications;

(g)the Department for the Economy in Northern Ireland;

(h)every local weights and measures authority in Great Britain;

(i)an enforcement authority within the meaning of section 120(15) of the Communications Act 2003;

(j)the Information Commissioner;

(k)the Department for Infrastructure in Northern Ireland;

(l)the Maritime and Coastguard Agency;

(m)the Office of Rail and Road;

(n)the Office for the Traffic Commissioner.

(8)In this paragraph “relevant infringement” means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.]

Textual Amendments

F3Words in Sch. 5 para. 20(1) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(9)(a) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Sch. 5 para. 20(1) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(9)(a) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F5Words in Sch. 5 para. 20(2) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(9)(b)(i) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Sch. 5 para. 20(2) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(9)(b)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F7Words in Sch. 5 para. 20(2) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 3(5)(a) (with reg. 8)

F8Words in Sch. 5 para. 20(2) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(9)(b)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F9Words in Sch. 5 para. 20(3) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(9)(c) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F10Word in Sch. 5 para. 20(3) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(9)(c)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F11Words in Sch. 5 para. 20(3)(a) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(9)(d) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F12Word in Sch. 5 para. 20(3)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(9)(c)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F13Words in Sch. 5 para. 20(3)(b) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 3(5)(b) (with reg. 8)