C2Part 1F1General functions of the CMA

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Miscellaneous

C111 Super-complaints to OFT

1

This section applies where a designated consumer body makes a complaint to the F2CMA that any feature, or combination of features, of a market in the United Kingdom for goods or services is or appears to be significantly harming the interests of consumers.

2

The F2CMA must, within 90 days after the day on which it receives the complaint, publish a response stating how it proposes to deal with the complaint, and in particular—

a

whether it has decided to take any action, or to take no action, in response to the complaint, and

b

if it has decided to take action, what action it proposes to take.

3

The response must state the F3CMA's reasons for its proposals.

4

The Secretary of State may by order amend subsection (2) by substituting any period for the period for the time being specified there.

5

“Designated consumer body” means a body designated by the Secretary of State by order.

6

The Secretary of State—

a

may designate a body only if it appears to him to represent the interests of consumers of any description, and

b

must publish (and may from time to time vary) other criteria to be applied by him in determining whether to make or revoke a designation.

7

The F4CMA —

a

must issue guidance as to the presentation by the complainant of a reasoned case for the complaint, and

b

may issue such other guidance as appears to it to be appropriate for the purposes of this section.

8

An order under this section—

a

shall be made by statutory instrument, and

b

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9

In this section—

a

references to a feature of a market in the United Kingdom for goods or services have the same meaning as if contained in Part 4, and

b

“consumer” means an individual who is a consumer within the meaning of that Part.