Part 3Enforcement of consumer protection law

Chapter 3Consumer protection orders and undertakings

Miscellaneous

177Enhanced consumer measures: private designated enforcers

(1)

This section applies where—

(a)

an enforcement order is made on the application of a private designated enforcer,

(b)

an undertaking is given under section 156 on an application for an enforcement order made by a private designated enforcer, or

(c)

an undertaking is given under section 163 to a private designated enforcer.

(2)

The enforcement order or undertaking may include a requirement for the taking of any enhanced consumer measures only if both of the following conditions are met.

(3)

The first condition is that the private designated enforcer is specified for the purposes of this section in regulations made by the Secretary of State.

(4)

The second condition is that the enhanced consumer measures do not directly benefit the private designated enforcer or an associated undertaking.

(5)

Enhanced consumer measures directly benefiting an enforcer or an associated undertaking include (for example) measures which—

(a)

require a person to pay money to the enforcer or an associated undertaking;

(b)

require a person to participate in a scheme, administered by the enforcer or associated undertaking, that is designed to recommend persons supplying goods, services or digital content to consumers;

(c)

would give the enforcer or associated undertaking a commercial advantage over any of its competitors.

(6)

An enforcer may be specified in regulations under subsection (3) only if—

(a)

the functions of the enforcer under this Chapter 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), so far as capable of being so specified, and

(b)

the Secretary of State is satisfied that to do so is likely to—

(i)

improve the availability to consumers of redress for relevant infringements,

(ii)

improve the availability to consumers of information which enables them to choose more effectively between persons supplying goods, services or digital content, or

(iii)

improve compliance with consumer law.

(7)

Subsection (8) applies if—

(a)

an enforcer exercises a function in relation to a person by virtue of this section,

(b)

the function is a relevant function for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (co-ordination of regulatory enforcement), and

(c)

a primary authority (within the meaning of that Part) has given advice or guidance under section 24A(1) or (2) of that Act—

(i)

to that person in relation to the 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.

(8)

The enforcer must have regard to the advice or guidance in exercising the function in relation to that person.

(9)

Regulations under this section are subject to the negative procedure.

(10)

In this section “associated undertaking”, in relation to a private 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.