Helen Simm

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the civil enforcement options available to the enforcers of consumer protection laws when responding to breaches of consumer protection legislation. It covers the civil injunction powers, known as enforcement orders and undertakings, available under the Enterprise Act 2002 (EnA 2002), Part 8, and the enhanced consumer measures (ECMs) introduced by the Consumer Rights Act 2015. From 6 April 2025, EnA 2002, Part 8, is replaced in its entirety by the provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), Part 3 (consumer protection enforcement). This Practice Note explains what measures were available to enforcers under EnA 2002, Part 8, when those measures can be used and which enforcers can call upon such measures when enforcing consumer protection laws. EnA 2002, Part 8, will continue to govern breaches of consumer protection law that preceded the introduction of DMCCA 2024, Part 3.

This Practice Note provides a summary of consumer credit law as it applies to insolvency practitioners (IPs) following significant regulatory developments over the past decade. It examines key changes that have impacted IPs and provides practical guidance on common issues encountered when dealing with regulated consumer credit firms in insolvency.For reading on consumer credit agreements, see Practice Notes:•Regulated activities relating to consumer credit•The FCA consumer credit regime: an overview of rules relating to arrears, default and recoveryThe regulatory frameworkThe Financial Conduct Authority (FCA) has been responsible for consumer credit oversight since April 2014 under Part IV(A) of the Financial Services and Markets Act 2000 (FSMA 2000). This replaced the previous licensing scheme under the Consumer Credit Act 1974 (CCA 1974) with the FCA's authorisation regime.The regulatory framework comprises FSMA 2000, CCA 1974 (which continues to govern the content and enforceability of credit agreements), the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001),SI 2001/544 (which defines regulated activities) and the FCA Handbook, particularly

This Practice Note explains the generic set of enforcement powers contained within Schedule 5 of the Consumer Rights Act 2015 (CRA 2015) which are available to enforcement bodies responsible for investigating and prosecuting a range of consumer protection legislation. It includes information on which authorised enforcers and domestic enforcers can use the generic set of enforcement powers, what the enforcement powers contained in the generic set are and when they can be used. Also included is information on the offence of obstructing an officer using these powers.