The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003
Citation and commencement1.
This Order may be cited as the Enterprise Act 2002 (Super-complaints to regulators) Order 2003 and shall come into force on 20th June 2003.
Application of section 11 of the Enterprise Act 2002 to super-complaints to regulators other than the OFT2.
Section 11 of the Enterprise Act 2002 (Super-complaints to OFT), other than subsection (7)(a), shall apply to complaints made to a regulator specified in column (1) of the Schedule (“a specified regulator”) as it applies to complaints made to the OFT under that section, if the complaint to a specified regulator concerns a market in relation to which that regulator has functions pursuant to the relevant enactment specified in column (2) of the Schedule.
SCHEDULEREGULATORS AND RELEVANT ENACTMENTS CONFERRING FUNCTIONS
(1) Regulator | (2) Enactment |
|---|---|
The Director General of Telecommunications | Telecommunications Act 19842 |
The Gas and Electricity Markets Authority | |
The Director General of Electricity Supply for Northern Ireland | Electricity (Northern Ireland) Order 19925 |
The Director General of Gas for Northern Ireland | Gas (Northern Ireland) Order 19966 |
The Director General of Water Services | Water Industry Act 19917 |
The Rail Regulator | Railways Act 19938 |
The Civil Aviation Authority | Transport Act 20009 |
Section 11 of the Enterprise Act 2002 (EA 2002) enables consumer bodies designated by the Secretary of State to submit “super-complaints” where they consider that there is any market feature, or combination of features, such as the structure of a market or the conduct of those operating within it, that is or appears to be significantly harming the interests of consumers.
The OFT is obliged to publish a response to such a complaint within a maximum of 90 calendar days stating how it proposes to deal with the complaint and the reasons for its proposals. The Order extends the section 11 EA 2002 duties (other than the obligation to provide guidance in relation to the presentation of a reasoned case) to the regulators specified in the Order where the super-complaint is made by a designated consumer body to a regulator specified in the Order and concerns a market in relation to which that regulator has functions. The regulators specified are those regulators who have concurrent enforcement powers under the Competition Act 1998.