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The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003

S.I. 2003/1368 · Made 23 May 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COMPETITION

CONSUMER PROTECTION

Made 23rd May 2003

Laid before Parliament 27th May 2003

Coming into force 20th June 2003

The Secretary of State in exercise of the powers conferred on her by section 205 of the Enterprise Act 2002f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 40.

Contents

  1. 1Citation and commencement
  2. 2Application of section 11 of the Enterprise Act 2002 to super-complaints to regulators other than the OFT
  3. Signature
  4. Schedule REGULATORS AND RELEVANT ENACTMENTS CONFERRING FUNCTIONS
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Enterprise Act 2002 (Super-complaints to regulators) Order 2003 and shall come into force on 20th June 2003.

2Application of section 11 of the Enterprise Act 2002 to super-complaints to regulators other than the OFT

Section 11 of the Enterprise Act 2002 (Super-complaints to OFT), other than subsection (7)(a), shall apply to complaints made to a regulator specified in column (1) of the Schedule (“a specified regulator”) as it applies to complaints made to the OFT under that section, if the complaint to a specified regulator concerns a market in relation to which that regulator has functions pursuant to the relevant enactment specified in column (2) of the Schedule.

Signature

Brian Wilson,

Minister of State for Energy and Construction

Department of Trade and Industry

23rd May 2003

REGULATORS AND RELEVANT ENACTMENTS CONFERRING FUNCTIONS

(1) Regulator(2) Enactment
The Director General of TelecommunicationsTelecommunications Act 1984f1
The Gas and Electricity Markets AuthorityGas Act 1986f2; Electricity Act 1989f3
The Director General of Electricity Supply for Northern IrelandElectricity (Northern Ireland) Order 1992f4
The Director General of Gas for Northern IrelandGas (Northern Ireland) Order 1996f5
The Director General of Water ServicesWater Industry Act 1991f6
The Rail RegulatorRailways Act 1993f7
The Civil Aviation AuthorityTransport Act 2000f8

Explanatory note

(This note is not part of the Order)

Section 11 of the Enterprise Act 2002 (EA 2002) enables consumer bodies designated by the Secretary of State to submit “super-complaints” where they consider that there is any market feature, or combination of features, such as the structure of a market or the conduct of those operating within it, that is or appears to be significantly harming the interests of consumers.

The OFT is obliged to publish a response to such a complaint within a maximum of 90 calendar days stating how it proposes to deal with the complaint and the reasons for its proposals. The Order extends the section 11 EA 2002 duties (other than the obligation to provide guidance in relation to the presentation of a reasoned case) to the regulators specified in the Order where the super-complaint is made by a designated consumer body to a regulator specified in the Order and concerns a market in relation to which that regulator has functions. The regulators specified are those regulators who have concurrent enforcement powers under the Competition Act 1998.