Digital Markets, Competition and Consumers Act 2024

151 Enforcers

(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) The power under subsection (3)(a) and (c) to remove a person as a public designated enforcer, or to vary the entry of such a person, does not apply so far as relating to the persons listed in paragraphs (a) to (c) of subsection (1).

(7) Regulations under this section are subject to the affirmative procedure.