PRACTICE NOTES
UK Consumer Rights Act 2015 Schedule 5 investigatory powers: designated enforcers, entry and seizure, warrants, surveillance, Trading Standards’ out-of-area prosecutions, reliefs and obstruction offences
Part 3, Schedule 5 Parts 1–6 and Schedule 6 of the Consumer Rights Act 2015 (CRA 2015) establish a consolidated, generic suite of investigatory powers to be used across the catalogue of consumer protection legislation. These powers amount to a consolidation, refinement and amendment of those that previously stemmed from the fractured legislative framework that once governed consumer law.
Enforcers with access to the generic set of investigatory powers under CRA 2015
Various regulatory bodies and enforcers are responsible for applying consumer law in the UK. Under the CRA 2015, an enforcer’s type is determined by the legislation or offences being addressed, and the powers available to them depend on that classification. The CRA 2015 provides for four categories of enforcer:
domestic enforcers who have responsibility to enforce consumer law in the UK. In relation to England and Wales, this includes Trading Standards, the Secretary of State (the Secretary of State may by regulations delegate to another person any of their enforcement functions in CRA 2015, Sch 5), the Gas and Electricity Markets Authority (for specific purposes only), the Competition and Markets Authority (CMA), district councils and the Civil Aviation...
Corporate Crime