The Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003

Made: 28th May 2003

Laid before Parliament: 29th May 2003

Coming into force: 20th June 2003

Whereas the Secretary of State thinks that each of the public bodies listed in the Schedule to this Order has as one of its functions the protection of the collective interests of consumers and she is satisfied that each of them is independent;

Now therefore the Secretary of State in exercise of her powers under sections 213 and 276 of the Enterprise Act 2002 hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003 and shall come into force on 20th June 2003.

2

In this Order:

• “the Act” means the Enterprise Act 2002; and

• “applicant” means a body or person which is not a public body seeking to be designated by the Secretary of State as a designated enforcer under section 213(2) of the Act.

Criteria for designation

3

The criteria that an applicant must satisfy in order that the Secretary of State may designate it as a designated enforcer under section 213(2) of the Act are as follows:

• (a) the applicant is so constituted, managed and controlled as to be expected to act independently, impartially and with complete integrity and has established procedures to ensure that any potential conflicts of interest are properly dealt with;

• (b) the applicant has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers in respect of domestic infringements or Schedule 13 infringements, including, where the applicant is a successor to any person or body which had such expertise, by reference to that person or body;

• (c) the applicant has demonstrated the ability to protect the collective interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to such consumers;

• (d) the applicant has the capability to investigate infringements and carry out the enforcement procedures set out in Part 8 of the Act in respect of the types of infringement for which it seeks designation;

• (e) the applicant is ready and willing to follow best practice in enforcement;

• (f) the applicant is ready and willing to co-operate with the CMA and other general enforcers, designated enforcers ... and any other person responsible for the regulation of matters in respect of which acts or omissions may constitute domestic or Schedule 13 infringements including by:

• (i) sharing information with such other enforcers and persons in so far as legally permitted; and

• (ii) by participating in arrangements to co-ordinate action under Part 8 with other enforcers and persons acting or proposing to act in respect of the same person.

4

An applicant shall not be regarded as failing to meet the criteria set out in article 3(a) above by reason only of a connection with a person carrying on business of a kind that could be affected, directly or indirectly, by action taken under Part 8 of the Act so long as that person does not control the applicant and any profits of the business are used for the purposes of furthering the stated objectives of the applicant.

Designation of Public Bodies

5

The public bodies listed in the Schedule to this Order are hereby designated under section 213(2) of the Enterprise Act 2002 as designated enforcers in respect of all infringements.

Transitional Provision

6

In so far as any person or body has done any thing or taken any proceedings under the Stop Now Orders (EC Directive) Regulation 2001 which that person or body could following the coming into force of Part 8 of the Enterprise Act 2002 have done or taken under that Act then it shall have effect following the coming into force of Part 8 as if done or taken under Part 8.

SCHEDULE — Designated Public Bodies

• The Civil Aviation Authority

• The Director General of Electricity Supply for Northern Ireland

• The Director General of Gas for Northern Ireland

• The Director General of Telecommunications

• The Director General of Water Services

• The Gas and Electricity Markets Authority

• The Information Commissioner

• The Rail Regulator

Signed

Stephen Timms — Minister of State for E-Commerce and Competitiveness — Department of Trade and Industry — 2003-05-28

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2002 c. 40.

[^f00002]: S.I. 2001/1422.

Criteria for designation

Designation of Public Bodies

Transitional Provision

The Civil Aviation Authority

The Director General of Electricity Supply for Northern Ireland

The Director General of Gas for Northern Ireland

The Office of Communications

The Water Services Regulation Authority

The Gas and Electricity Markets Authority

The Information Commissioner

The Rail Regulator

Editorial notes

[^c5042641]: 2002 c. 40.

[^c5042651]: S.I. 2001/1422.

[^key-66074848bbf836451df40eb33133fb49]: Words in Sch. substituted (29.12.2003) by The Communications Act 2003 (Consequential Amendments No. 2) Order 2003 (S.I. 2003/3182), arts. 1, 3(2)

[^key-0547ffb39f670abbbb440d7a49a7511d]: Words in Sch. substituted (1.4.2006) by The Enterprise Act 2002 (Water Services Regulation Authority) Order 2006 (S.I. 2006/522), arts. 1(2), 3(2)

[^key-05dfd8bca7093558f13c3f403c5bb377]: Word in art. 3(f) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 10 (with art. 3)

[^key-467c0c126fed6320c4c78aaae19353d5]: Words in art. 3(b) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-55cbfa4995125c9cb862baf73b06d7dc]: Words in art. 3(f) omitted (31.12.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7d154df7072a6e9104caf698faae5396]: Words in art. 3(f) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 6(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)