Part 3Enforcement of consumer protection law

Chapter 3Consumer protection orders and undertakings

Enforcers for purposes of Chapter

152Designation criteria

(1)

These are the designation criteria in respect of a person (“P”) for the purposes of section 151(5)(b)—

(a)

P is constituted, managed and controlled in such a way as to be expected to act independently, impartially and with integrity;

(b)

P has established procedures to ensure that any potential conflicts of interest are properly dealt with;

(c)

P has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers;

(d)

P has demonstrated the ability to protect the interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to consumers;

(e)

P has the capability to investigate infringements and carry out enforcement procedures under this Chapter;

(f)

P is ready and willing to follow best practice in enforcement;

(g)

P is ready and willing to co-operate with other enforcers and relevant persons.

(2)

P does not fail to meet the criteria in subsection (1)(a) by reason only of a connection with another person carrying on a business of a kind that could be affected (directly or indirectly) by action taken under this Chapter if—

(a)

the other person does not control P, and

(b)

the profits of the other person’s business are used for the purposes of furthering the objectives of P.

(3)

For the purposes of subsection (1)(g)—

(a)

“relevant persons” are any persons responsible for the regulation of matters in respect of which acts or omissions may constitute a relevant infringement;

(b)

co-operation includes, in particular—

(i)

sharing of information (so far as legally permitted), and

(ii)

participating in arrangements to co-ordinate action under this Part.