The Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2025
This Order amends the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 by adding the Money and Mental Health Policy Institute to the list of designated consumer bodies.
The Secretary of State confirmed the Institute represents consumer interests and meets all specified criteria, enabling it to file super-complaints with the Competition and Markets Authority regarding market practices harming consumers.
The amendment enhances consumer protection, specifically within the mental health sector, effective from April 6, 2025, and applies across the whole of the UK.
Arguments For
Increased Consumer Protection: The addition of the Money and Mental Health Policy Institute strengthens consumer protection by providing a dedicated voice for mental health-related consumer issues.
Specialized Expertise: The Institute brings specialized knowledge and understanding of the mental health sector to the process of identifying and addressing market failures impacting consumers.
Alignment with the Enterprise Act's Purpose: This amendment aligns with the Act's goal of promoting competition and protecting consumers' welfare by empowering another body to undertake super-complaints.
Evidence-Based Decision-Making: The Secretary of State's satisfaction that the Institute represents consumers and meets all necessary criteria is evidence-based, suggesting careful consideration preceding the amendment.
Arguments Against
Potential for Increased Complaints: Adding another body could lead to a rise in super-complaints, potentially straining the Competition and Markets Authority's resources.
Overlap with Existing Bodies: The Institute's area of expertise might overlap with existing designated bodies, raising concerns about potential duplication of effort.
Unintended Consequences: The amendment might have unforeseen consequences on the market or for other bodies already undertaking similar protective roles.
Resource Allocation: Concerns might be raised over the allocation of necessary resources, both for the Institute and the Competition and Markets Authority, in response to processing increased super-complaints.
- Citation, commencement and extent (1) This Order may be cited as the Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2025 and comes into force on 6th April 2025. (2) This Order extends to England and Wales, Scotland and Northern Ireland.
This section details the Order's name, effective date (April 6, 2025), and geographic scope, encompassing the whole of the United Kingdom.
- Amendment of the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 In the Schedule to the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 at the appropriate place insert— “The Money and Mental Health Policy Institute.”
This section specifies the amendment to the 2004 Order.
The Money and Mental Health Policy Institute is added to the list of designated bodies, allowing it to submit super-complaints.
Explanatory Note (This note is not part of the Order) This Order amends the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 (S.I. 2004/1517) by adding the Money and Mental Health Policy Institute to the list of designated consumer bodies. The Secretary of State may designate a body that appears to represent the interests of consumers and satisfies the criteria published by him in accordance with section 11(6) of the Enterprise Act 2002 (c. 40) (“the Act”). Under section 11(1) of the Act, a designated consumer body is entitled to make a complaint (known as a super-complaint) to the Competition and Markets Authority 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. An impact assessment has not been prepared for this Order as no, or no significant, impact on the private, or voluntary sectors is foreseen.
This explanatory note clarifies that the Order adds the Money and Mental Health Policy Institute to those allowed to file super-complaints.
It explains the Secretary of State's authority to designate such bodies and the power of designated bodies to complain to the Competition and Markets Authority about practices harmful to consumers.
It notes that because no significant impact on the private or voluntary sector was expected, no impact assessment was performed.