Part 3: Enforcement of consumer protection law Enforcers for purposes of Chapter
Section 151: Enforcer
	This section restates and updates section 213 of Part 8 of the Enterprise Act 2002 and sets out which persons can use the court-based enforcement regime set out in this Chapter. The category of "Schedule 13 enforcer" under Part 8 of the Enterprise Act 2002 (section 213, subsection (5A)) is not re-stated as the Government considers it is no longer necessary to maintain a separate category of enforcers whose powers are limited to enforcing consumer protection laws of EU origin. Relevant enforcers are re-categorised by this section as public designated enforcers.
	Two categories of enforcer are defined: public designated enforcers (subsection (1)) and private designated enforcers (subsection (2)).
	The category of public designated enforcers consolidates the two previous categories of public enforcers in Part 8 of the Enterprise Act 2002 – general enforcers (i.e. the CMA, local weights and measures authorities in Great Britain - i.e. Trading Standards departments - or the Department for the Economy in Northern Ireland) and public bodies designated by order of the Secretary of State under section 213, subsection (2) of the Enterprise Act 2002.
	Subsection (3) sets out a delegated power for the Secretary of State to add or remove an enforcer or to amend their entry. Regulations made by the Secretary of State under this section are subject to the draft affirmative procedure (subsection (7)), see section 337, subsection (3)). As per subsection (4) and subsection (5), paragraph (c), the power to add a new enforcer is subject to the limitation that the enforcer has, as one of its purposes, the protection of the collective interests of consumers. This power cannot be used to remove or vary the enforcement powers of the CMA, local weights and measures authorities in Great Britain and the Department for the Economy in Northern Ireland under this Chapter. Any changes to the powers of these enforcers could fundamentally reshape the consumer protection regime in the UK, given their cross-economy remits. Therefore, the Government considers their powers should not be capable of alteration through secondary legislation (subsection (6)).
	Subsection (5) further limits the Secretary of State’s power to add a person as a private designated enforcer to where the Secretary of State considers that the person is not a public body and also satisfies the designation criteria in section 152.