(1)An enforcer must not make an application for an enforcement order unless he has engaged in appropriate consultation with—
(a)the person against whom the enforcement order would be made, and
(b)the OFT (if it is not the enforcer).
(2)Appropriate consultation is consultation for the purpose of—
(a)achieving the cessation of the infringement in a case where an infringement is occurring;
(b)ensuring that there will be no repetition of the infringement in a case where the infringement has occurred;
(c)ensuring that there will be no repetition of the infringement in a case where the cessation of the infringement is achieved under paragraph (a);
(d)ensuring that the infringement does not take place in the case of a Community infringement which the enforcer believes is likely to take place.
(3)Subsection (1) does not apply if the OFT thinks that an application for an enforcement order should be made without delay.
(4)Subsection (1) ceases to apply—
(a)for the purposes of an application for an enforcement order at the end of the period of 14 days beginning with the day after the person against whom the enforcement order would be made receives a request for consultation from the enforcer;
(b)for the purposes of an application for an interim enforcement order at the end of the period of seven days beginning with the day after the person against whom the interim enforcement order would be made receives a request for consultation from the enforcer.
(5)The Secretary of State may by order make rules in relation to consultation under this section.
(6)Such an order must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section (except subsection (4)) and in sections 215 and 216 references to an enforcement order include references to an interim enforcement order.
Textual Amendments applied to the whole legislation
F1Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]