Part 3: Enforcement of consumer protection law Miscellaneous Section 176: Interconnected bodies corporate
This section restates and updates section 223 of the Enterprise Act 2002. It sets out that where the court makes a consumer protection order against a body corporate that is, or becomes, a member of a group of interconnected bodies corporate, the court has a discretionary power to direct that the order is binding upon one or more other members of the same corporate group (subsections (1) and (3)). The court has discretion to make some or all of the requirements of the order, i.e. compliance directions, enhanced consumer measures and monetary penalties, binding on other members of the same corporate group but only if the court considers it just, reasonable and proportionate to do so (subsection (4)).
	In considering whether it is just, reasonable and proportionate to exercise this power, the court may take into account, for example:
to what extent any other group members have been the "brains" behind the infringement or have benefitted from it,
whether the infringing body corporate has sufficient funds to pay the penalty, and whether to ensure the penalty is paid it is necessary to make the requirement to do so binding on one or more members of the same corporate group. The underlying policy intent is to help prevent the infringing body corporate from engaging in corporate restructuring to minimise or avoid liabilities.
	Subsection (2) sets out the circumstances in which a body corporate is considered to be or becomes a member of a group of interconnected bodies corporate (when the interconnection condition applies). These include where the infringing body corporate becomes a member of a group of interconnected bodies corporate after the order is made, or an existing group of which it is a member is enlarged.
	Subsection (5) defines what a group of interconnected bodies corporate is and subsection (6) defines when any two bodies corporate are interconnected with each other.
	Subsection (7) requires a copy of an order to be given to any group member on whom it is made binding. Where new members are added to the corporate group, an enforcer may apply to the court for an order to bind those new members to the requirements of the order.