The Enterprise Act 2002 is a direct result of the Government's commitment to focus on enterprise and productivity as the cornerstones of economic reform. In 2001 the Government's election manifesto gave a commitment to give independence to competition authorities, reform bankruptcy laws and tackle trading practices that harm consumers.

Part 8 of the Enterprise Act introduces a new civil law enforcement alternative Trading Standards against rogue traders, rather than dealing with the matter through prosecution alone. Under Part 8, Trading Standards, the Office of Fair Trading and other bodies responsible for consumer law enforcement have stronger powers to seek court orders against businesses who breach certain consumer protection laws. Part 8 is not seen as a means of punishing traders in the way prosecution does, but is seen as a preventative measure to ensure that the Courts quickly stop further infringements which harm the collective interests of consumers.

Before taking court action (i.e. seeking an Enforcement Order), Trading Standards and the OFT will always invite the trader concerned to respond to the allegations against them, and they will be able to give binding commitments (undertakings) instead of going to court.

The enforcement procedure is based on the Stop Now Regulations which it replaces along with Part III of the Fair Trading Act. Part 8 updates and improves the legal process involved in dealing with rogue traders, subject to equitable enforcement principles -

• Any action taken under Part 8 should be both necessary and proportionate. There must be a breach of the relevant consumer protection law which results in an identifiable harm to the collective interests of consumers.
  
  
• A trader will normally always be given a reasonable opportunity to put matters right.
  
  
• Wherever possible court action will only be taken after undertakings have been sought.
  
  
• Proceedings will be brought by the most appropriate body
  
  
• Any action take will be co-ordinated so that the business concerned is not subject to multiple approaches; and
  
  
• Any publicity on Part 8 cases will be accurate balanced and fair.

The Office of Fair Trading are given a major role under Part 8, with responsibilities for co-ordinating action and ensuring appropriate consultation. In order to meet these obligations, the OFT have established a Consumer Regulations Website (CRW) which allows the enforcement agencies to notify and coordinate action under the Act.

The OFT have also published detailed Guidance on the provisions of Part 8.

South Ayrshire Trading Standards were the first local authority in Scotland to secure an enforcement order under Part 8 of The Enterprise Act 2002. The interim Enforcement Order, against a known counterfeiter, was granted at Ayr Sheriff Court on 24th November 2003. The Order was confirmed by the Sheriff on 12th December 2003 and remains in force throughout the UK - More....