Enterprise Act 2002 (repealed)

213 EnforcersF5 U.K.

(1) Each of the following is a general enforcer—

(a) the OFT;

(b) every local weights and measures authority in Great Britain;

(c) the Department of Enterprise, Trade and Investment in Northern Ireland.

(2) A designated enforcer is any person or body (whether or not incorporated) which the Secretary of State—

(a) thinks has as one of its purposes the protection of the collective interests of consumers, and

(b) designates by order.

(3) The Secretary of State may designate a public body only if he is satisfied that it is independent.

(4) The Secretary of State may designate a person or body which is not a public body only if the person or body (as the case may be) satisfies such criteria as the Secretary of State specifies by order.

(5) A Community enforcer is a qualified entity for the purposes of the Injunctions Directive—

(a) which is for the time being specified in the list published in the Official Journal of the [F1 European Union] in pursuance of Article 4.3 of that Directive, but

[F2 (b) which is not a general enforcer, a designated enforcer or a CPC enforcer.]

[F3 (5A) Each of the following (being bodies or persons designated by the Secretary of State under Article 4(1) or 4(2) of the CPC Regulation) is a CPC enforcer—

(a) the OFT;

(b) the Civil Aviation Authority;

(c) the Financial Services Authority;

(d) the Secretary of State for Health;

(e) the Department of Health, Social Services and Public Safety in Northern Ireland;

(f) the Office of Communications;

(g) the Department of Enterprise, Trade and Investment in Northern Ireland;

(h) every local weights and measures authority in Great Britain;

(i) the Independent Committee for the Supervision of Standards of the Telephone Information Services.]

[F4 (j) the Information Commissioner]

(6) An order under this section may designate an enforcer in respect of—

(a) all infringements;

(b) infringements of such descriptions as are specified in the order.

(7) An order under this section may make different provision for different purposes.

(8) The designation of a body by virtue of subsection (3) is conclusive evidence for the purposes of any question arising under this Part that the body is a public body.

(9) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10) If requested to do so by a designated enforcer which is designated in respect of one or more Community infringements the Secretary of State must notify the Commission of the [F1 European Union] —

(a) of its name and purpose;

(b) of the Community infringements in respect of which it is designated.

(11) The Secretary of State must also notify the Commission—

(a) of the fact that a person or body in respect of which he has given notice under subsection (10) ceases to be a designated enforcer;

(b) of any change in the name or purpose of a designated enforcer in respect of which he has given such notice;

(c) of any change to the Community infringements in respect of which a designated enforcer is designated.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3), 4(2), 6(4)(5))

F2 S. 213(5)(b) substituted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 10

F3 S. 213(5A) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 11

F4 S. 213(5A)(j) inserted (26.5.2011) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (S.I. 2011/1208), regs. 1(1), 16(a)

Textual Amendments applied to the whole legislation

F5 Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]