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Enterprise Act 2002

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217 Enforcement ordersE+W+S+N.I.

This section has no associated Explanatory Notes

(1)This section applies if an application for an enforcement order is made under section 215 and the court finds that the person named in the application has engaged in conduct which constitutes the infringement.

(2)This section also applies if such an application is made in relation to a Community infringement and the court finds that the person named in the application is likely to engage in conduct which constitutes the infringement.

(3)If this section applies the court may make an enforcement order against the person.

(4)In considering whether to make an enforcement order the court must have regard to whether the person named in the application—

(a)has given an undertaking under section 219 in respect of conduct such as is mentioned in subsection (3) of that section;

(b)has failed to comply with the undertaking.

(5)An enforcement order must—

(a)indicate the nature of the conduct to which the finding under subsection (1) or (2) relates, and

(b)direct the person to comply with subsection (6).

(6)A person complies with this subsection if he—

(a)does not continue or repeat the conduct;

(b)does not engage in such conduct in the course of his business or another business;

(c)does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).

(7)But subsection (6)(a) does not apply in the case of a finding under subsection (2).

(8)An enforcement order may require a person against whom the order is made to publish in such form and manner and to such extent as the court thinks appropriate for the purpose of eliminating any continuing effects of the infringement—

(a)the order;

(b)a corrective statement.

(9)If the court makes a finding under subsection (1) or (2) it may accept an undertaking by the person—

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

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

(10)An undertaking under subsection (9) may include a further undertaking by the person to publish in such form and manner and to such extent as the court thinks appropriate for the purpose of eliminating any continuing effects of the infringement—

(a)the terms of the undertaking;

(b)a corrective statement.

(11)If the court—

(a)makes a finding under subsection (1) or (2), and

(b)accepts an undertaking under subsection (9),

it must not make an enforcement order in respect of the infringement to which the undertaking relates.

(12)An enforcement order made by a court in one part of the United Kingdom has effect in any other part of the United Kingdom as if made by a court in that part.

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