The Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2026
This Statutory Instrument amends the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 to formally designate Consumer Scotland as an authorized body capable of making 'super-complaints' to the Competition and Markets Authority.
The power allows Consumer Scotland to raise concerns about features of any market in the United Kingdom that appear to significantly harm consumer interests, extending its remit under the 2002 Act across England, Wales, Scotland, and Northern Ireland, effective from April 6th, 2026.
Arguments For
The measure enhances consumer protection mechanisms across the UK by formally empowering Consumer Scotland, an established body representing Scottish consumers, to utilize the 'super-complaint' procedure.
Granting this designation allows Consumer Scotland to investigate and formally challenge market features that significantly harm consumers' interests at the national level through referral to the Competition and Markets Authority (CMA).
It fulfills the procedural requirements under section 11 of the Enterprise Act 2002, as the Secretary of State is satisfied that Consumer Scotland meets the necessary criteria for consumer representation.
Arguments Against
Concerns might arise regarding potential overlap or jurisdictional friction between Consumer Scotland and existing designated consumer bodies operating across the whole of the UK, particularly regarding shared market sectors.
The Order applies across England, Wales, Scotland, and Northern Ireland, which could prompt questions about the extent to which a body primarily focused on Scottish consumers influences regulatory action in other UK nations.
As no impact assessment was prepared due to the foreseen lack of significant impact on the private or voluntary sectors, a formal assessment of the practical implications of adding another designated body might be seen as lacking due diligence.
STATUTORY INSTRUMENTS
2026 No. 257
COMPETITION CONSUMER PROTECTION
The Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2026
Made - - - -
9th March 2026
Laid before Parliament
11th March 2026
Coming into force - -
6th April 2026
The Secretary of State makes this Order in exercise of the powers conferred by section 11(5) of the Enterprise Act 2002 ('the Act')( 1 ).
The Secretary of State is satisfied that Consumer Scotland represents the interests of consumers and satisfies the other criteria published by the Secretary of State pursuant to section 11(6) of the Act.
This section introduces the Statutory Instrument, detailing its legal identification number (2026 No. 257) and subject area: Competition and Consumer Protection.
It confirms the title of the order and specifies the dates it was made (March 9, 2026), laid before Parliament (March 11, 2026), and came into force (April 6, 2026).
The Secretary of State issues this Order using powers granted under Section 11(5) of the Enterprise Act 2002.
Crucially, the Secretary of State confirms that Consumer Scotland is deemed to represent consumer interests and meets all other established criteria required for this designation under Section 11(6) of the Act.
Citation, commencement and extent
- -(1) This Order may be cited as the Enterprise Act 2002 (Bodies Designated to make Supercomplaints) (Amendment) Order 2026 and comes into force on 6th April 2026.
- (2) This Order extends to England and Wales, Scotland and Northern Ireland.
Paragraph 1 covers the formal naming and operational start date of the Order.
It confirms the title is the Enterprise Act 2002 (Bodies Designated to make Supercomplaints) (Amendment) Order 2026 and specifies the commencement date as April 6, 2026.
This provision also defines the territorial scope, stating that the Order applies to England, Wales, Scotland, and Northern Ireland.
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( 2 ) at the appropriate place insert-
'Consumer Scotland.'.
Article 2 contains the core legislative change.
It amends the existing 2004 Order which lists all approved bodies eligible to make super-complaints.
This amendment directs the insertion of the name 'Consumer Scotland' into the relevant schedule of the 2004 Order, thereby officially designating it for super-complaint functions.
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 Consumer Scotland to the list of designated consumer bodies.
Consumer Scotland is a body corporate established by the Consumer Scotland Act 2020 (asp. 11) to represent consumers in Scotland.
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.
The Explanatory Note clarifies that the Order's purpose is to update the 2004 regulations by adding Consumer Scotland to the list of entities authorized to make super-complaints.
Consumer Scotland is identified as a corporate body specifically created by the Consumer Scotland Act 2020 to advocate for consumers within Scotland.
A super-complaint, made under Section 11(1) of the Act, allows a designated body to formally challenge the Competition and Markets Authority (CMA) regarding any market feature in the UK that appears to be substantially detrimental to consumer interests.
Finally, the note states that a formal impact assessment was unnecessary because the government foresees little to no significant effect on the business or charity sectors as a result of this designation.