Enforcement of Consumer Protection Law
Part 3 of the Fair Trading Act 1973 gave the Director General of Fair Trading the power to take action against traders who breached their legal obligations to the detriment of consumers.
	The Stop Now Orders (E.C. Directive) Regulations 2001, which came into force on 1 June 2001, implemented Directive 98/27/EC on Injunctions for the Protection of Consumers’ Interests. The Regulations empowered certain public bodies (including the Director General of Fair Trading) to stop traders infringing listed UK legislation, which implemented specific EU consumer protection laws, where the breach harms the collective interest of consumers (‘Community Infringements’).
	This resulted in two similar, but separate, regimes for the public enforcement of consumer protection law: a regime for breach of consumer protection laws of UK origin under Part 3 of the Fair Trading Act 1973 (FTA) and a regime for Community Infringements under the Stop Now Orders (E.C. Directive) Regulations 2001.
	Part 8 of the Enterprise Act 2002 was enacted to provide for a court-based unified enforcement regime for the two categories of Community Infringements and infringements of consumer protection laws of UK origin, where there was harm to the collective interests of consumers (the "enforcement regime"). It replaced Part 3 of FTA 1973 and the Stop Now Orders (EC Directive) Regulations 2001, subject to transitional provisions.
	Since its coming into force, Part 8 of the Enterprise Act 2002 has been amended many times. In particular:
Section 79 and Schedule 7 of the Consumer Rights Act 2015 amended Part 8 to give the civil courts and public enforcers flexibility and powers to provide redress for consumers, to require positive, corrective action by traders and to broaden the extra-territorial extent of Part 8.
The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020/484 implemented certain provisions of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on co-operation between national authorities responsible for the enforcement of consumer protection laws. In particular, the Regulations added additional EU Directives and Regulations into the scope of the enforcement regime and introduced new concepts of interim and final online interface orders into the enforcement regime.
The Consumer Protection (Enforcement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/203) and the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020. These gave effect to the implications for the enforcement regime resulting from the decision of the UK to leave the EU. As a result, with effect from 1 January 2021, the category of "Community Infringements" was replaced with "Schedule 13 infringements". The category of "Community Infringements" continues to apply, however, in relation to conduct to the extent that it occurred before 11pm on 31 December 2020.
	As a result of these changes, there are two categories of infringement to which the enforcement regime set out in Part 8 of the Enterprise Act 2002 applies:
domestic infringements (consumer protection laws of UK origin) (section 211 of the Enterprise Act 2002), and
Schedule 13 Infringements (formerly Community infringements) (section 212 of the Enterprise Act 2002).
	There are three categories of enforcer who can use the enforcement regime, although many enforcers feature in more than one category:
General enforcers (section 213 (1) of the Enterprise Act 2002). General enforcers can use the enforcement mechanism in respect of any infringement, i.e. both kinds of infringement (domestic and Community infringements);
Designated enforcers (enforcers designated by order made under s.213(2) of the Enterprise Act 2002). A number of orders have been made under section 213: the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional provisions) Order S.I. 2003/1399, the Enterprise Act 2002 (Part 8) (Designation of the Consumers’ Association) Order S.I. 2005/917 and the Enterprise Act 2002 (Part 8) (Designation of the Financial Conduct Authority as a Designated Enforcer) Order S.I. 2013/478). These enforcers have all been designated as able to use the enforcement mechanism in relation to any infringement; and
Schedule 13 enforcers (section 213 (5A) of the Enterprise Act 2002) These are the enforcers designated under Regulation (EU) 2017/2394 or its predecessor and are able to use the enforcement mechanism in relation to Schedule 13 infringements only.
	Part 3 of the Act replaces Part 8 of the Enterprise Act 2002 for conduct which takes place after commencement (subject to the additional transitional provisions made by Schedule 19 and through secondary legislation). It provides for a single category of infringement instead of the two categories of infringements, described above, which feature in Part 8 of the Enterprise Act 2002. Part 3 extends the power to apply to the courts for Online Interface Orders and Interim Online Interface Orders, previously limited to the CMA, to all public enforcers. It also makes additional incidental changes, as well as changes to simplify and consolidate Part 8 of the Enterprise Act 2002 and legislation made under it.