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ARCHIVED: This Practice Note has been archived and is not maintained.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 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.

This Practice Note explains the enforcement of the General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803. It covers the measures available to enforcement authorities in the generic set of enforcement powers contained within the Consumer Rights Act 2015 (CRA 2015) as well as those powers specified by GPSR 2005. These include imposing notification requirements, issuing safety notices, forfeiture and destruction, and penalties imposed for non-compliance. It also explains how to appeal safety notices, such as suspension notices, requirements to mark or warn, and recall notices and touches on the possibility of future reform of the product safety framework.