Legalize / United Kingdom / Public General Act

Digital Markets, Competition and Consumers Act 2024

Type Public General Act

Publication 2024-05-24

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Before making an application for an enforcement order or an interim enforcement order, an enforcer must (subject to subsection (5)) engage in appropriate consultation with the person in respect of whom the order would be made (“the respondent”).

(2) Consultation is “appropriate consultation” for the purposes of subsection (1) if it is carried out for the purposes of—

(a) achieving the cessation of a relevant infringement (in a case where the infringement is occurring) and ensuring it does not recur;

(b) ensuring there is no repetition of a relevant infringement in a case where the infringement has occurred;

(d) ensuring, in the case of consultation carried out by a public designated enforcer, that the respondent is aware that an application for an enforcement order may include an application for the respondent to pay a monetary penalty.

(3) Engagement under subsection (1) must be initiated by the giving of a consultation request to the respondent.

(4) A consultation request must be given by notice in writing.

(5) The requirement to consult under this section does not apply if—

(a) the CMA considers that an application for the order in question should be made without delay, or

(b) it is not reasonably practicable for the enforcer to ascertain the identity and whereabouts of the respondent.

(6) The requirement to consult under this section ceases to apply—

(a) in the case of an application for an enforcement order, at the end of the applicable period;

(b) in the case of an application for an interim enforcement order, at the end of the period of 7 days beginning with the day after the respondent receives a consultation request.

(7) In subsection (6)(a) the “applicable period” means—

(a) in a case where the respondent is a member of, or is represented by, an approved representative body, the period of 28 days beginning with the day after the respondent receives a consultation request;

(b) in any other case, the period of 14 days beginning with the day after the respondent receives a consultation request.

(8) In subsection (7)(a) “approved representative body” means a representative body that operates a consumer code which has been approved by—

(a) a public designated enforcer,

(b) a body which represents a public designated enforcer,

(d) a community interest company whose objects include the approval of consumer codes.

(9) In subsection (8)—

“consumer code” means an agreement or set of rules regulating, with a view to safeguarding or promoting the interests of consumers, the behaviour of traders who— are engaged in commercial practices, and choose to be bound by the agreement or set of rules;

“representative body” means an organisation established to represent the interests of two or more businesses in a particular sector or area.

Powers of court on application under section 153

Enforcement orders and undertakings

156

(1) This section applies if, on an application under section 153 for an enforcement order, the court finds that the person in respect of whom the application is made (“the respondent”)—

(a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

(b) is an accessory to the infringing practice.

(2) The court may—

(a) make an enforcement order against the respondent, or

(b) accept an undertaking from the respondent given under subsection (5).

(3) In considering whether to make an enforcement order the court must have regard to whether the respondent—

(a) has given an undertaking under section 163 or 185 in respect of the infringing practice, and

(b) if so, whether the respondent has failed to comply with the undertaking.

(4) An enforcement order is an order that—

(a) indicates the nature of the infringing practice, and

(b) directs the respondent to comply with subsection (6).

(5) The respondent gives an undertaking under this subsection by undertaking—

(a) to comply with subsection (6), or

(b) to take steps which the court believes will secure that the respondent complies with subsection (6).

(6) The respondent complies with this subsection by—

(a) in the case of a respondent within subsection (1)(a), not continuing or repeating the infringing practice (where it is alleged that the person has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (1)(b), not consenting to or conniving in the infringing practice;

(c) in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

(d) in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(7) See also—

(a) section 157 about the inclusion of enhanced consumer measures in an enforcement order or undertaking;

(b) section 158 about the inclusion of a requirement to pay a monetary penalty in an enforcement order.

(8) An enforcement order may require the respondent to publish—

(a) the order;

(b) a corrective statement.

(9) An undertaking under subsection (5) may include a further undertaking by the respondent to publish—

(a) the terms of the undertaking;

(b) a corrective statement.

(10) Publication under subsection (8) or (9)—

(a) must be made in such form and manner, and to such extent, as the court considers appropriate for the purpose of eliminating any continuing effects of the conduct in respect of which the order was made or undertaking given;

(b) is not an enhanced consumer measure for the purposes of this Chapter.

(11) Where the court has accepted from the respondent an undertaking under subsection (5)—

(a) the court may accept from the respondent any variation of the undertaking that the court considers appropriate for meeting the purposes for which the undertaking was given;

(b) the court may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the court considers that the undertaking is no longer necessary to further those purposes.

Enforcement orders and undertakings: enhanced consumer measures

157

(1) An enforcement order or undertaking may include a requirement to take such enhanced consumer measures as the court considers just and reasonable.

(2) For this purpose, the court must in particular consider whether any proposed enhanced consumer measures are proportionate having regard to—

(a) the likely benefit of the measures to consumers,

(b) the costs likely to be incurred by the respondent, and

(3) The costs referred to in subsection (2)(b) are—

(a) the cost of the measures, and

(b) the reasonable administrative costs associated with taking the measures.

(4) Where the respondent is required under an enforcement order or an undertaking to take enhanced consumer measures, the order or undertaking may include requirements for the respondent to provide information or documents to the court in order that the court may determine whether the respondent is taking those measures.

(5) Subsection (6) applies if—

(a) an enforcement order or undertaking includes enhanced consumer measures offering compensation, and

(b) a settlement agreement is entered into in connection with the payment of compensation.

(6) A waiver of a person’s rights in the settlement agreement is not valid if it is a waiver of the right to bring civil proceedings in respect of conduct other than conduct which has given rise to the enforcement order or undertaking.

(7) This section is subject to section 177 (private designated enforcers).

(8) In this section “undertaking” means an undertaking given under section 156 (5).

(9) References in this Part to “enhanced consumer measures” are to be read in accordance with section 221.

Enforcement orders: requirement to pay monetary penalty

158

(1) This section applies where the court makes an enforcement order against the respondent on an application made by a public designated enforcer.

(2) The order may, subject to subsection (3), include a requirement for the respondent to pay a monetary penalty.

(3) In the case of a respondent within section 156 (1)(a), a requirement to pay a monetary penalty may be imposed only if the court finds that the respondent has engaged, or is engaging, in a commercial practice constituting a relevant infringement (and not in respect of a practice that the court finds that the person is likely to engage in).

(4) Where the order includes a requirement under subsection (2), the order, or a notice accompanying service of the order, must set out the monetary penalty information (see section 203).

(5) The amount of a monetary penalty must be a fixed amount not exceeding £300,000 or, if higher, 10% of the total value of the turnover (if any) of the respondent.

(6) A monetary penalty may not be imposed on the respondent by virtue of this section in respect of any conduct that constitutes an offence if the respondent has been found guilty of that offence.

(7) The respondent does not commit an offence in relation to any conduct in respect of which a monetary penalty is imposed on the respondent by virtue of this section.

(8) In addition to any right of appeal on a point of law, a person liable to pay a monetary penalty by virtue of this section may appeal in respect of—

(a) the decision to impose the penalty, or

(b) the nature or amount of the penalty.

(9) In the application of subsection (4) to Scotland, “service of the order” includes service of an extract order in execution of or diligence on the order.

Interim enforcement orders and undertakings

159

(1) This section applies if—

(a) it is alleged in an application under section 153 for an interim enforcement order that a person (“the respondent”)—

(i) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

(ii) is an accessory to the infringing practice,

(b) it appears to the court that if the application had been an application for an enforcement order it would be likely to be granted, and

(2) The court may—

(a) make an interim enforcement order against the respondent, or

(b) accept an undertaking from the respondent to comply with subsection (5) or to take steps which the court believes will secure such compliance.

(3) If no notice of the application has been given to the respondent, the court may proceed under subsection (2)(a) only if it considers it appropriate to make an interim enforcement order without notice.

(4) An interim enforcement order is an order that—

(a) indicates the nature of the infringing practice, and

(b) directs the respondent to comply with subsection (5).

(5) The respondent complies with this subsection by—

(a) in the case of a respondent within subsection (1)(a)(i), not continuing or repeating the infringing practice (where it is alleged that the person has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (1)(a)(ii), not consenting to or conniving in the infringing practice;

(c) in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

(d) in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(6) An application for an interim enforcement order in respect of alleged conduct of the respondent may not be made at any time after—

(a) an application for an enforcement order against the respondent in respect of that conduct is determined, or

(b) a final infringement notice in respect of that conduct has been given to the respondent (see section 182).

(7) An application for an interim enforcement order must—

(a) include all information known to the applicant that is material to the question of whether or not the application is granted;

(b) if made without notice, state why no notice has been given.

(8) The court may vary or discharge an interim enforcement order on the application of the applicant or the respondent.

(9) An interim enforcement order made in respect of conduct of the respondent is discharged—

(a) on the determination of an application for an enforcement order made against the respondent in respect of that conduct, or

(b) on the giving of a final infringement notice to the respondent in respect of that conduct.

Online interface orders and interim online interface orders

Applications

160

(1) A public designated enforcer may apply to the appropriate court for an online interface order, or an interim online interface order, if the enforcer considers that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement.

(2) An application for an online interface order, or an interim online interface order, may be made in respect of—

(a) the person that the enforcer considers has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or

(b) any other person (subject to subsection (3)).

(3) An application under subsection (2)(b) in respect of a person who is outside the United Kingdom may be made only if the person—

(a) is a United Kingdom national,

(b) is an individual who is habitually resident in the United Kingdom,

(d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

(4) For the purposes of subsection (3)(c), a firm is “established in the United Kingdom” if—

(a) it is incorporated or formed under the law of a part of the United Kingdom, or

(b) it is administered under arrangements governed by the law of a part of the United Kingdom.

(5) Section 154 (CMA directions to other enforcers) applies where it appears to the CMA that another public designated enforcer intends to make an application for an online interface order, or an interim online interface order, as it applies in relation to intended applications for enforcement orders and interim enforcement orders, but for this purpose the reference to such other enforcer in subsection (2)(b) is to be taken as a reference only to such other public designated enforcer.

(6) Nothing in this section or in section 161 or 162 limits other powers under this Chapter to make enforcement orders or interim enforcement orders or to accept undertakings.

Online interface orders

161

(1) The court may make an online interface order on an application under section 160 if the court finds that—

(a) a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement,

(b) there are no other available means under this Chapter of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, and

(2) An online interface order is an order that directs the person against whom it is made to do, or to co-operate with another person so that person can do, one or more of the following—

(a) remove content from, or modify content on, an online interface;

(b) disable or restrict access to an online interface;

(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.

(3) Where an online interface order is made, the public designated enforcer that applied for the order may publish—

(a) the order, and

(b) where known, the identity of the person who has engaged, is engaging or is likely to engage in a commercial practice which constitutes the relevant infringement.

(4) Publication under subsection (3) is to be made in such form and manner as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the relevant infringement.

(5) In subsection (2) “online interface” means any software, including a website, part of a website, an application or other digital content which—

(a) is operated by a person (“P”) acting for purposes relating to P’s business or by a person acting in the name of, or on behalf of, P, and

(b) is operated for or in connection with the purposes of giving access to, or promoting, goods, services or digital content that P or another person supplies.

Interim online interface orders

162

(1) The court may make an interim online interface order against a person (“the respondent”) on an application under section 160 if—

(a) it is alleged that there has been or is likely to be a relevant infringement,

(b) it appears to the court that if the application had been an application for an online interface order it would be likely to be granted, and

(2) If no notice of the application has been given to the respondent—

(a) the application must state why no notice has been given, and

(b) the court may make the order only if it considers it appropriate for the order to be made without notice.

(3) An interim online interface order is an order that directs the respondent to do, or to co-operate with another person so that person can do, one or more of the following—

(a) remove content from, or modify content on, an online interface;

(b) disable or restrict access to an online interface;

(d) delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.

In this subsection “online interface” has the meaning given by section 161 (5).

(4) An application for an interim online interface order against the respondent may not be made at any time after—

(a) an application for an online interface order against the respondent in respect of the same relevant infringement is determined, or

(b) an online interface notice in respect of the same relevant infringement has been given to the respondent (see section 184).

(5) An application for an interim online interface order must include all information known to the public designated enforcer making the application that is material to the question of whether or not the application is granted.

(6) The court may vary or discharge an interim online interface order on the application of the enforcer that applied for the order or the respondent.

(7) An interim online interface order against the respondent is discharged on the determination of—

(a) an application for an online interface order made against the respondent in respect of the same relevant infringement, or

(b) an online interface notice in respect of the same relevant infringement has been given to the respondent.

Undertakings and further proceedings

Acceptance of undertakings by enforcers

163

(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a person (“the respondent”) whom the enforcer believes—

(a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

(b) is an accessory to the infringing practice.

(2) The enforcer may accept an undertaking from the respondent to do one or more of the following—

(a) in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;

(c) in either case, not to engage in the infringing practice in the course of the respondent’s business or another business;

(d) in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(3) See also section 164 about the inclusion of enhanced consumer measures in an undertaking under this section.

(4) Where the enforcer accepts an undertaking under subsection (2) the enforcer may publish the undertaking or accept a further undertaking from the respondent to do so.

(5) Publication under subsection (4)—

(a) must be made in such form and manner, and to such an extent, as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the infringing practice;

(b) is not an enhanced consumer measure for the purposes of this Chapter.

(6) Where an enforcer has accepted from the respondent an undertaking under this section—

(a) the enforcer may accept from the respondent any such variation of the undertaking that the enforcer considers appropriate for meeting the purposes for which the undertaking was given;

(b) the enforcer may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the enforcer considers that the undertaking is no longer necessary to meet those purposes.

(7) Each enforcer must keep a record of—

(a) undertakings it has accepted under this section, and

(b) reviews it has carried out into the effectiveness of such undertakings.

(8) In determining for the purposes of subsection (1) whether an enforcer could make an application under section 153, section 169 is to be ignored.

Undertakings under section 163: enhanced consumer measures

164

(1) An undertaking under section 163 (2) may include a requirement to take such enhanced consumer measures as the enforcer accepting the undertaking considers just and reasonable.

(2) For this purpose, the enforcer must in particular consider whether any proposed enhanced consumer measures are proportionate having regard to—

(a) the likely benefit of the measures to consumers,

(b) the costs likely to be incurred by the respondent, and

(3) The costs referred to in subsection (2)(b) are—

(a) the cost of the measures, and

(b) the reasonable administrative costs associated with taking the measures.

(4) Where the respondent is required by an undertaking to take enhanced consumer measures, the undertaking may include requirements for the respondent to provide information or documents to the enforcer accepting the undertaking in order that the enforcer may determine if the respondent is taking those measures.

(5) Subsection (6) applies if—

(a) an undertaking under section 163 (2) includes enhanced consumer measures offering compensation, and

(b) a settlement agreement is entered into in connection with the payment of compensation.

(6) A waiver of a person’s rights in the settlement agreement is not valid if it is a waiver of the right to bring civil proceedings in respect of conduct other than conduct which has given rise to the undertaking.

(7) This section is subject to section 177 (private designated enforcers).

Undertakings under section 163: procedural requirements

165

(1) This section applies where an enforcer proposes to—

(a) accept a material variation of an undertaking under section 163, or

(b) release the respondent from any such undertaking,

and the proposed variation or release has not been requested by the respondent.

(2) Before taking the proposed action mentioned in subsection (1) the enforcer must—

(a) give notice to the respondent under subsection (3), and

(b) consider any representations made in accordance with the notice.

(3) A notice under this subsection must state—

(a) the fact that the enforcer is proposing to act as mentioned in subsection (1),

(b) the reasons for doing so, and

(4) If after considering any representations made in accordance with a notice under subsection (3) an enforcer decides to take an action mentioned in subsection (1), the enforcer must give notice to the respondent of that decision.

(5) The reference in subsection (1)(a) to a material variation is a reference to any variation that the enforcer considers to be material in any respect.

Consumer protection orders or undertakings to court: further proceedings

166

(1) This section applies if the court—

(a) makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the original application”), or

(b) accepts an undertaking from the respondent under section 156 or 159 on the making of the original application.

(2) References in this Part to a “consumer protection order” are references to—

(a) an enforcement order,

(b) an interim enforcement order,

(d) an interim online interface order.

(3) An application may (subject to subsection (7)) be made to the same court to which the original application was made in respect of a failure to comply with the order or undertaking in question—

(a) by the enforcer that made the original application, or

(b) by any other enforcer other than a private designated enforcer.

(4) An application to the court in respect of a failure to comply with an undertaking may include an application for a consumer protection order of any kind that the enforcer concerned is authorised under this Chapter to apply for.

(5) If on an application under this section the court finds that an undertaking is not being complied with, the court may do either or both of the following—

(a) make a consumer protection order (instead of making any other order it has power to make);

(b) make an order requiring the respondent to pay a monetary penalty.

(6) Where an application is made under subsection (4) for a consumer protection order—

(a) sections 154 and 160 (5) (directions by CMA) and section 155 (consultation) do not apply;

(b) the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

and the preceding provisions of this Chapter apply subject to this subsection.

(7) An application may not be made under subsection (3) in the case of a failure to comply with an order or undertaking which consists only of a failure to provide information or documents required by the order or undertaking under section 157 (4).

(8) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under subsection (5)(b) may appeal in respect of—

(a) the decision to impose the penalty, or

(b) the nature or amount of the penalty.

(9) In connection with orders under subsection (5)(b), see further—

(a) section 168, which provides for the amount of penalties, and

(b) section 203, which provides for information to accompany such orders.

Undertakings to public designated enforcers: further proceedings

167

(1) This section applies where a public designated enforcer accepts an undertaking from a person (“the respondent”) under section 163.

(2) The enforcer may apply to the court in respect of a failure to comply with the undertaking.

(3) An application under subsection (2) may include an application for a consumer protection order of any kind that the enforcer concerned is authorised under this Chapter to apply for.

(4) If the court finds that the undertaking is not being complied with, the court may do either or both of the following—

(a) make a consumer protection order (instead of making any other order it has power to make);

(b) make an order requiring the respondent to pay a monetary penalty.

(5) A requirement under subsection (4)(b) to pay a monetary penalty may be imposed only if the court is satisfied that the respondent’s failure in question is without reasonable excuse.

(6) Where an application is made under subsection (2) for a consumer protection order—

(a) sections 154 and 160 (5) (directions by CMA) and section 155 (consultation) do not apply;

(b) the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

and the preceding provisions of this Chapter apply subject to this subsection.

(7) An application may not be made under subsection (2) in the case of a failure to comply with an undertaking which consists only of a failure to provide information or documents under section 164 (4).

(8) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under subsection (4)(b) may appeal in respect of—

(a) the decision to impose the penalty, or

(b) the nature or amount of the penalty.

(9) In connection with orders under subsection (4)(b), see further—

(a) section 168, which provides for the amount of penalties, and

(b) section 203, which provides for information to accompany such orders.

Monetary penalties under sections 166 and 167: amount

168

(1) This section applies in relation to a monetary penalty imposed on a person (“the respondent”) by an order made under section 166 or 167.

(2) The amount of the penalty must be—

(a) a fixed amount,

(b) an amount calculated by reference to a daily rate, or

(3) The penalty must not exceed—

(a) in the case of a fixed amount, £150,000 or, if higher, 5% of the total value of the turnover (if any) of the respondent;

(b) in the case of an amount calculated by reference to a daily rate, for each day £15,000 or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.

(4) In imposing a penalty by reference to a daily rate—

(a) no account is to be taken of any days before notice of the application under section 166 (3) or 167 (2) was given to the respondent, and

(b) unless the court determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the undertaking that the respondent has failed to comply with are complied with.

Notification of CMA

Notification requirements: applications

169

(1) This section applies to an enforcer that is not the CMA.

(2) Before making an application for a consumer protection order the enforcer—

(a) must by notice inform the CMA of its intention to do so, and

(b) may only proceed to make the application after expiry of the minimum period or, if sooner, after the CMA has by notice informed the enforcer that it consents to the making of the application.

(3) The “minimum period” is—

(a) in the case of an enforcement order or an online interface order, 14 days beginning with the day on which the notice under subsection (2)(a) is given;

(b) in the case of an interim enforcement order or an interim online interface order, 7 days beginning with the day on which the notice under subsection (2)(a) is given.

(4) Where an enforcer proceeds to make an application for a consumer protection order, the enforcer must by notice inform the CMA of the result of the application.

(5) Subsection (6) applies where the enforcer makes an application under section 166 in respect of a failure to comply with—

(a) a consumer protection order, or

(b) an undertaking given under section 156 or 159.

(6) The enforcer must by notice inform the CMA of the making of the application and of any order made by the court on the application.

Notification requirements: undertakings

170

(1) This section applies to an enforcer that is not the CMA which accepts an undertaking under section 163.

(2) The enforcer must by notice inform the CMA of—

(a) the terms of the undertaking, and

(b) the identity of the person who gave it.

Notification requirements: proceedings

171

(1) This section applies where a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment listed in Part 1 of Schedule 15.

(2) Before starting the proceedings the authority—

(a) must by notice inform the CMA of its intention to do so, and

(b) may only start the proceedings on or after the relevant day.

(3) The “relevant day” is—

(a) the day on which the CMA notifies the authority that the CMA has received the authority’s notice given under subsection (2)(a), or

(b) if sooner, the day beginning 14 days after the day on which that notice was given.

(4) Where the authority starts the proceedings, the authority must by notice inform the CMA of outcome of the proceedings.

(5) A failure of an authority to comply with a requirement under this section does not invalidate any proceedings started by the authority.

Notification requirements: convictions and judgments

172

(1) This section applies where—

(a) a person is convicted of an offence by or before a court in the United Kingdom, or

(b) a judgment is given against a person by a court in civil proceedings in the United Kingdom.

(2) The court may make arrangements to bring the conviction or judgment to the attention of the CMA if it appears to the court—

(a) having regard to the functions of the CMA under this Chapter or Chapter 4, that it is expedient for the conviction or judgment to be brought to the attention of the CMA, and

(b) without such arrangements the conviction or judgment may not be brought to the attention of the CMA.

(3) For the purposes of subsection (2) it is immaterial whether the proceedings have been finally disposed of by the court.

(4) Judgment includes an order or decree (and references to the giving of a judgment are to be construed accordingly).

Jurisdiction etc

Appropriate court

173

(1) This section applies for the purposes of determining the appropriate court in relation to an application for, or the making of, a consumer protection order against a person (“the respondent”) in connection with a relevant infringement.

(2) If the respondent has a place of business in, or carries on business in, a part of the United Kingdom, the appropriate court is—

(a) the High Court or the county court in England and Wales, if the respondent carries on business in England and Wales or has a place of business in England and Wales;

(b) the High Court or a county court in Northern Ireland, if the respondent carries on business in Northern Ireland or has a place of business in Northern Ireland;

(c) the Court of Session or the sheriff, if the respondent carries on business in Scotland or has a place of business in Scotland.

(3) If the respondent does not have a place of business in, and does not carry on business in, any part of the United Kingdom, the appropriate court is—

(a) the High Court or the county court in England and Wales, if a relevant consumer is domiciled in England or Wales;

(b) the High Court or a county court in Northern Ireland, if a relevant consumer is domiciled in Northern Ireland;

(4) References in subsection (3) to a “relevant consumer” are to any consumer—

(a) to or for whom goods, services or digital content are supplied in connection with which the relevant infringement has, or is alleged to have, taken place,

(b) to whom activities are directed the carrying out of which constitutes, or is alleged to constitute, the relevant infringement, or

(c) from whom goods are received in connection with which the relevant infringement has, or is alleged to have, taken place.

(5) Section 41 of the Civil Jurisdiction and Judgments Act 1982 applies for the purposes of determining the part of the United Kingdom in which a relevant consumer is domiciled.

Effect of orders in other parts of the United Kingdom

174

A consumer protection order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the Table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the Table—

England and Wales	The High Court	The county court
Scotland	The Court of Session	The sheriff
Northern Ireland	The High Court	A county court.

Evidence

175

(1) Proceedings under this Chapter are civil proceedings for the purposes of—

(a) section 11 of the Civil Evidence Act 1968 (convictions admissible as evidence in civil proceedings);

(b) section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (corresponding provision in Scotland);

(c) section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c.36 (N.I.)) (corresponding provision in Northern Ireland).

(2) In proceedings under this Chapter any finding by a court in civil proceedings that a person has engaged in infringing conduct—

(a) is admissible as evidence that the conduct has occurred;

(b) unless the contrary is proved, is sufficient evidence that the conduct has occurred.

(3) But subsection (2) does not apply to any finding—

(a) which has been reversed on appeal;

(b) which has been varied on appeal so as to negate it.

(4) For the purposes of subsection (2), a person engages in “infringing conduct” if—

(a) the person has engaged in a commercial practice that constitutes a relevant infringement, or

(b) the person is an accessory to such a practice.

Miscellaneous

Interconnected bodies corporate

176

(1) This section applies if—

(a) a court makes a consumer protection order against a body corporate (“the respondent”), and

(b) the interconnection condition applies in relation to the respondent.

(2) The interconnection condition applies in relation to the respondent if—

(a) at the time the order is made the respondent is a member of a group of interconnected bodies corporate,

(b) at any time when the order is in force the respondent becomes a member of a group of interconnected bodies corporate, or

(c) at any time when the order is in force a group of interconnected bodies corporate of which the respondent is a member is increased by the addition of one or more further members.

(3) The order may include provision for the requirements (or any particular requirements) imposed by the order to be binding upon all other members of the group (in addition to the respondent) as if each of them were the respondent.

(4) Provision may be included in an order under subsection (3) only if the court considers it just, reasonable and proportionate to include that provision.

(5) A group of interconnected bodies corporate is a group consisting of two or more bodies corporate all of whom are interconnected with each other.

(6) Any two bodies corporate are interconnected—

(a) if one of them is a subsidiary of the other, or

(b) if both of them are subsidiaries of the same body corporate.

(7) Where an order includes provision under subsection (3), a copy of the order must be given to any other member of the respondent’s group in relation to which the requirements imposed by the order are to be binding.

Enhanced consumer measures: private designated enforcers

177

(1) This section applies where—

(a) an enforcement order is made on the application of a private designated enforcer,

(b) an undertaking is given under section 156 on an application for an enforcement order made by a private designated enforcer, or

(2) The enforcement order or undertaking may include a requirement for the taking of any enhanced consumer measures only if both of the following conditions are met.

(3) The first condition is that the private designated enforcer is specified for the purposes of this section in regulations made by the Secretary of State.

(4) The second condition is that the enhanced consumer measures do not directly benefit the private designated enforcer or an associated undertaking.

(5) Enhanced consumer measures directly benefiting an enforcer or an associated undertaking include (for example) measures which—

(a) require a person to pay money to the enforcer or an associated undertaking;

(b) require a person to participate in a scheme, administered by the enforcer or associated undertaking, that is designed to recommend persons supplying goods, services or digital content to consumers;

(6) An enforcer may be specified in regulations under subsection (3) only if—

(a) the functions of the enforcer under this Chapter have been specified under section 24 of the Legislative and Regulatory Reform Act 2006 (functions to which principles under section 21 and code of practice under section 22 apply), so far as capable of being so specified, and

(b) the Secretary of State is satisfied that to do so is likely to—

(i) improve the availability to consumers of redress for relevant infringements,

(ii) improve the availability to consumers of information which enables them to choose more effectively between persons supplying goods, services or digital content, or

(iii) improve compliance with consumer law.

(7) Subsection (8) applies if—

(a) an enforcer exercises a function in relation to a person by virtue of this section,

(b) the function is a relevant function for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (co-ordination of regulatory enforcement), and

(c) a primary authority (within the meaning of that Part) has given advice or guidance under section 24A(1) or (2) of that Act—

(i) to that person in relation to the function, or

(ii) to other local authorities (within the meaning of that Part) with that function as to how they should exercise it in relation to that person.

(8) The enforcer must have regard to the advice or guidance in exercising the function in relation to that person.

(9) Regulations under this section are subject to the negative procedure.

(10) In this section “associated undertaking”, in relation to a private designated enforcer, means—

(a) a parent undertaking or subsidiary undertaking of the enforcer, or

(b) a subsidiary undertaking of a parent undertaking of the enforcer,

and for this purpose “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.

Substantiation of claims

178

(1) This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a contravention of Chapter 1 of Part 4 (protection from unfair trading).

(2) The court may, for the purpose of considering the application, require a respondent to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of the respondent.

(3) The court may find that a factual claim of a respondent is inaccurate if—

(a) the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or

(b) the court considers that any such evidence that is provided is inadequate.

(4) In this section “respondent”, in relation to an application for a consumer protection order, means—

(a) where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought;

(b) where the application is for an online interface order or an interim online interface order, the person against whom the order is sought or another person who is a party to the proceedings.

Crown application

179

(1) Subject to subsection (2), this Chapter binds the Crown.

(2) The Crown is not liable for any monetary penalty imposed by virtue of this Chapter.

Chapter 4 — Direct enforcement powers of CMA

Investigations

Power of CMA to investigate suspected infringements

180

(1) This section applies where the CMA has reasonable grounds for suspecting that—

(a) a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or

(b) a person is an accessory to such a practice.

(2) The CMA may conduct an investigation into the matter.

(3) Where the CMA conducts an investigation, it may publish a notice which (among other things) may—

(a) state its decision to conduct the investigation,

(b) summarise the matter under investigation (including the industry sectors affected),

(c) identify, so far as possible, the persons under investigation (including whether they are suspected of falling within subsection (1)(a) or (b)), and

(d) indicate the timetable for the conduct of the investigation.

(4) If after giving a notice under subsection (3) the CMA decides to close an investigation, the CMA must publish a notice confirming that the investigation is to be closed.

Infringement notices and penalties

Provisional infringement notice

181

(1) This section applies where—

(a) the CMA has started an investigation under section 180 that is continuing, and

(b) the condition in subsection (2) is met in respect of any person (“the respondent”) who is subject to the investigation.

(2) The condition in this subsection is met in respect of the respondent if the CMA has reasonable grounds to believe that—

(a) the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement (“the infringing practice”), or

(b) the respondent is an accessory to such a practice.

(3) The CMA may give to the respondent a notice under this section (a “provisional infringement notice”).

(4) A provisional infringement notice must—

(a) set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the CMA’s belief that the condition in subsection (2) is met;

(b) set out proposed directions for the purposes of securing that the respondent complies with subsection (5);

(d) specify the means by which, and the time by which, such representations must be made.

(5) The respondent complies with this subsection by—

(a) in the case of a respondent within subsection (2)(a), not continuing or repeating the infringing practice (where it is believed that the respondent has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (2)(b), not consenting to or conniving in the infringing practice;

(c) in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

(d) in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(6) If the proposed directions mentioned in subsection (4)(b) include the taking by the respondent of enhanced consumer measures, the notice must state that fact and include details of the proposed measures to be taken (but section 183 applies in respect of any such proposed measures specified in a provisional infringement notice as that section applies to such measures specified in a final infringement notice).

(7) The means specified under subsection (4)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.

(8) If the CMA is considering the imposition of a monetary penalty on the respondent (see section 182 (4)(b)), the provisional infringement notice must also state—

(a) that the CMA is considering imposing a monetary penalty;

(b) the proposed amount of the penalty;

(c) any further factors (in addition to those provided under subsection (4)(a)) which the CMA considers may justify the imposition of the proposed penalty and its amount.

Final infringement notice

182

(1) This section applies where—

(a) the CMA has given to the respondent a provisional infringement notice under section 181,

(b) the time for the respondent to make representations to the CMA in accordance with that notice has expired, and

(i) the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement, or

(ii) the respondent is an accessory to such a practice.

(2) The CMA may give to the respondent a notice under this section (a “final infringement notice”).

(3) In deciding whether to give a final infringement notice the CMA must, in particular, have regard to whether the respondent has previously given an undertaking under this Chapter or Chapter 3 in respect of the acts or omissions in relation to which the final infringement notice would be given.

(4) A final infringement notice may impose on the respondent a requirement to do either or both of the following—

(a) a requirement to comply with such directions as the CMA considers appropriate for or in connection with the purpose of securing that the respondent complies with section 181 (5) (which may include directions to take enhanced consumer measures in accordance with section 183);

(b) subject to subsection (5), a requirement to pay a monetary penalty.

(5) In the case of a respondent within subsection (1)(c)(i), a requirement to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent has engaged, or is engaging, in a commercial practice constituting a relevant infringement (and not in respect of a practice that the CMA is satisfied that the person is likely to engage in).

(6) The amount of a monetary penalty imposed under subsection (4)(b) must be a fixed amount not exceeding £300,000 or, if higher, 10% of the total value of the turnover (if any) of the respondent.

(7) A final infringement notice must—

(a) set out the grounds on which it is given, including the respondent’s acts or omissions on account of which the notice is given;

(b) state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;

(c) if a penalty is imposed by the notice under subsection (4)(b), contain the monetary penalty information (see section 203);

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