Textual Amendments
F1Pt. 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.)
Modifications etc. (not altering text)
C1Pt. 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)
(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.
Textual Amendments
F2Word in s. 11(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 11(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Word in s. 11(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C2S. 11 (except s. 11(7)(a)) applied in part (20.6.2003) by The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003 (S.I. 2003/1368), art. 2