The Fair Trading Act 2015 (the Act) endows the Office of Fair Trading (OFT) with powers to carry out its regulatory functions and meet its objectives.
Consumer Protection Enforcers (CPE)
The main role of the CPEs is the protection of consumer interests and to ensure that all businesses comply with this legislation. CPEs will visit local traders to review their business practices, inspect weighing and measuring equipment used for trade and check business licences to ensure they are in place and up to date.
They will also monitor and check advertisements for accuracy, inspect and test goods for safety, ensure that no person is selling goods to consumers without a business licence and investigate matters and behaviour of business practices in Gibraltar that the Office of Fair Trading consider to be significantly harming consumers in Gibraltar.
The CP Enforcers’ powers include investigatory powers, the ability to enter into business premises with a warrant and the retention of documents.
The OFT Commission
The Commission is the quasi-judicial body of the Office of Fair Trading. If as a result of complaints received by the OFT or as a result of its own investigations there are reasonable grounds for suspecting that any feature, or combination of features, of a market in Gibraltar for goods or services is or appears to be significantly harming consumer interests the OFT may make a reference to the Commission.
Where, following a reference and any subsequent investigation carried out by the Commission, the Commission finds that the person named in the Reference has engaged in conduct which significantly harms consumer interests, the Commission may make an enforcement order against that person. The order would require the person to cease that conduct and may also require the person to issue a corrective statement or to provide proof of compliance. Compliance with an enforcement order shall be enforceable by civil proceedings.
For more information on the enforcement functions of the OFT please contact us:
T - 20071700