The OFT's coordination role

Part 8 of the Enterprise Act gives the OFT lead enforcement responsibility for action taken in the UK, including a coordinating role to ensure that action is taken by the most appropriate enforcer in each case.

There are four types of enforcers:

• general enforcer - the OFT, trading standards departments, and the Department of Enterprise, Trade and Investment in Northern Ireland have powers to enforce the Act against all types of infringement
• community enforcer - an EU-based enforcer of consumer protection laws
• designated enforcer - the Secretary of State can designate sectoral regulators and consumer protection bodies to enforce the Act against all or a limited range of infringements
• CPC enforcer - an EU based enforcer of consumer protection laws authorised under the EU  Regulation 2006/2004 on Consumer Protection Cooperation (CPC) (see below for more details).

So far, the bodies designated by the Secretary of State are:

• The Civil Aviation Authority
• The Director General of Electricity Supply for Northern Ireland
• The Director General of Gas for Northern Ireland
• The Office of Communications
• The Water Services Regulation Authority
• The Gas and Electricity Markets Authority
• The Information Commissioner
• The Office of the Rail Regulator
• Financial Services Authority
• The Consumers Association (better known as Which?)

Any enforcer who wants to apply for an Enforcement Order in the UK must consult the OFT first.

Enforcement partners should also tell the business concerned if they intend to take action to stop a breach of consumer protection law.

This notice period, called a consultation period, must allow at least two weeks for the business to agree in writing to voluntarily stop its behaviour and comply with the law in future. If consumers' interests are so threatened that urgent action is required, the consultation period may be shortened.

If more than one UK enforcement body is involved, the OFT will decide which body should take action. In some cases,  we may also decide that OFT will take the matter forward.

When a business based in another EU country harms the collective interests of UK consumers, the OFT can ask the relevant CPC enforcer to supply information about or take action against the business under the CPC. The OFT is also required to meet this obligation if, for example, a business based in the UK is harming the collective interests of consumers in another EU country. 

More information on the CPC is available here.

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