Part 3: Enforcement of consumer protection law Miscellaneous Section 177: Enhanced consumer measures: private designated enforcers
This section restates section 219C of the Enterprise Act 2002. It sets out two conditions that must be met before enhanced consumer measures can be included in an undertaking given to a private designated enforcer or in an undertaking given to the court, or an order made by the court, following an application made by a private designated enforcer.
	Subsection (3) sets out the first condition, which is that the enforcer must have been specified by the Secretary of State in regulations for this purpose (i.e. regarding securing enhanced consumer measures) and subsection (6) provides the conditions which must be satisfied before an enforcer may be specified in the regulations. This section gives the Secretary of State a delegated power to make regulations subject to the negative parliamentary procedure (subsection (9)).
	Subsection (4) sets out the second condition, which is that the enhanced consumer measures must not directly benefit the enforcer or an associated undertaking. Subsection (5) sets out, non-exhaustively, particular types of measures that would be considered to directly benefit the enforcer or an associated undertaking. Subsection (10) defines associated undertaking.
	Subsections (7) and (8) require private designated enforcers, where including enhanced consumer measures in an undertaking, to have regard to any relevant advice or guidance given by a Primary Authority. The policy objective is to support consistency in achieving business compliance, given that a Primary Authority enables businesses to form a legal partnership with one local authority, which then provides assured and tailored advice on complying with, inter alia, trading standards regulations, that other local regulators must respect.