Enforcement Orders
Under Part 8 of the Enterprise Act, the Office of Fair Trading (OFT), Trading Standards Authorities, sectoral regulators and other designated enforcement bodies, can apply to the courts to stop traders infringing a wide range of consumer protection legislation where those infringements harm the collective interests of consumers.
Part 8 of the Enterprise Act replaced Part III of the Fair Trading Act 1973 and the Stop Now Orders (EC Directive) Regulations 2001. It also extended the scope of the Stop Now Order enforcement regime to include a wider range of domestic consumer protection legislation.
These orders are known as Enforcement Orders, breach of an Order is a contempt of court and could incur a fine or imprisonment.
Enforcers can also use Enforcement Orders to clamp down on traders who fail to carry out a service with reasonable care and skill.
The Office of Fair Trading is responsible for co-ordinating enforcement action under the Regulations. Further information on the role and responsibilities of the OFT is available on the OFT web site.
Who can use Part 8 powers?
Under Part 8 of the Act three types of enforcers are identified:
(i) General Enforcers. In addition to the OFT, the Trading Standards Service in Great Britain and Department of Enterprise, Trade and Investment (DETI) in Northern Ireland are specified in Part 8 as having the power to act as general enforcers.
(ii) Designated Enforcers. A designated enforcer is any public or private body in the UK which the Secretary of State designates in a Statutory Instrument, having identified the person or body has the protection of the collective interests of consumers as one of its purposes.
The Secretary of State has designated the following bodies as Part 8 enforcers by a Statutory Instrument:
• The Civil Aviation Authority
• The Director General of Electricity Supply for NI
• The Director General of Gas for Northern Ireland
• Ofcom
• The Water Services Regulation Authority
• The Gas and Electricity Markets Authority
• The Information Commissioner
• The Office of Rail Regulation
• The Financial Services Authority
• Consumers' Association (Which?)
A public body will only be granted designated enforcement powers if it is independent. By granting a public body designated enforcement powers, it is deemed that the body is conclusively identified as a public body for the purposes of Part 8.
A private organisation may be designated as an enforcer only if it fulfils the criteria specified by the Secretary of State in a Statutory Instrument.
(iii) Community Enforcers. Community enforcers are entities from other EEA states that are listed in the Official Journal of the European Communities. These enforcers may apply for injunctions in other member states.
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