Part 3

Enforcement of consumer protection law
Chapter 3

Consumer protection orders and undertakings

Enforcers for purposes of Chapter

Designation criteria
152
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.
S. 152 not in force at Royal Assent, see s. 339(1)
S. 152 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)