C2Part 1F1General functions of the CMA
Pt. 1 function transferred (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 2 (with arts. 2(3), 4)
Miscellaneous
C111 Super-complaints to OFT
1
This section applies where a designated consumer body makes a complaint to the F2CMA that any feature, or combination of features, of a market in the United Kingdom for goods or services is or appears to be significantly harming the interests of consumers.
2
The F2CMA must, within 90 days after the day on which it receives the complaint, publish a response stating how it proposes to deal with the complaint, and in particular—
a
whether it has decided to take any action, or to take no action, in response to the complaint, and
b
if it has decided to take action, what action it proposes to take.
3
The response must state the F3CMA's reasons for its proposals.
4
The Secretary of State may by order amend subsection (2) by substituting any period for the period for the time being specified there.
5
“Designated consumer body” means a body designated by the Secretary of State by order.
6
The Secretary of State—
a
may designate a body only if it appears to him to represent the interests of consumers of any description, and
b
must publish (and may from time to time vary) other criteria to be applied by him in determining whether to make or revoke a designation.
7
The F4CMA —
a
must issue guidance as to the presentation by the complainant of a reasoned case for the complaint, and
b
may issue such other guidance as appears to it to be appropriate for the purposes of this section.
8
An order under this section—
a
shall be made by statutory instrument, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9
In this section—
a
references to a feature of a market in the United Kingdom for goods or services have the same meaning as if contained in Part 4, and
b
“consumer” means an individual who is a consumer within the meaning of that Part.
Pt. 1 title substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 65 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)