(1) These are the designation criteria in respect of a person ("P") for the purposes of section 151(5)(b) -

(a) P is constituted, managed and controlled in such a way as to be expected to act independently, impartially and with integrity;

(b) P has established procedures to ensure that any potential conflicts of interest are properly dealt with;

(c) P has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers;

(d) P has demonstrated the ability to protect the interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to consumers;

(e) P has the capability to investigate infringements and carry out enforcement procedures under this Chapter;

(f) P is ready and willing to follow best practice in enforcement;

(g) P is ready and willing to co-operate with other enforcers and relevant persons.

(2) P does not fail to meet the criteria in subsection (1)(a) by reason only of a connection with another person carrying on a business of a kind that could be affected (directly or indirectly) by action taken under this Chapter if -