Legislation – Digital Markets, Competition and Consumers Act 2024
Part 3Enforcement of consumer protection law
Chapter 3Consumer protection orders and undertakings
Enforcers for purposes of Chapter
151Enforcers
(1)
Each of the following is a public designated enforcer for the purposes of this Chapter—
(a)
the CMA;
(b)
every local weights and measures authority in Great Britain;
(c)
the Department for the Economy in Northern Ireland;
(d)
the Civil Aviation Authority;
(e)
the Financial Conduct Authority;
(f)
the Gas and Electricity Markets Authority;
(g)
the Department of Health in Northern Ireland;
(h)
the Department for Infrastructure in Northern Ireland;
(i)
the Northern Ireland Authority for Utility Regulation;
(j)
an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services);
(k)
the Information Commissioner;
(l)
the Maritime and Coastguard Agency;
(m)
the Office of Communications;
(n)
the Office of Rail and Road;
(o)
the Office for the Traffic Commissioner;
(p)
the Secretary of State;
(q)
the Water Services Regulation Authority.
(2)
The Consumers’ Association is a private designated enforcer for the purposes of this Chapter.
(3)
The Secretary of State may by regulations amend subsection (1) or (2) so as to—
(a)
add or remove a person as a public designated enforcer;
(b)
add or remove a person as a private designated enforcer;
(c)
vary the entry of a person as a public or private designated enforcer.
(4)
The power under subsection (3)(a) to add a person as a public designated enforcer is exercisable only if the Secretary of State considers that the person is a public body that has, as one of their purposes, the protection of the collective interests of consumers.
(5)
The power under subsection (3)(b) to add a person as a private designated enforcer is exercisable only if the Secretary of State considers that the person—
(a)
is not a public body,
(b)
satisfies the designation criteria in section 152, and
(c)
has, as one of their purposes, the protection of the collective interests of consumers.
(6)
(7)
Regulations under this section are subject to the affirmative procedure.
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.