Consumer Rights Act 2015

[F1 Non-compliance with notice under paragraph 14: powers of CMA to give provisional enforcement notice U.K.

Textual Amendments

F1 Sch. 5 paras. 16A-16J inserted (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)

16B (1) This paragraph applies where— U.K.

(a) the CMA has given a notice to a person (“the respondent”) under paragraph 14, and

(b) the CMA has reasonable grounds to believe that the respondent has failed to comply with the notice.

(2) The CMA may give to the respondent a notice under this paragraph (a “provisional enforcement notice”).

(3) A provisional enforcement notice must—

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

(b) specify such actions as the CMA considers appropriate to be taken by the respondent for the purposes of securing compliance with the notice under paragraph 14;

(c) invite the respondent to make representations to the CMA about the matters set out in the notice;

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

(4) The means specified under sub-paragraph (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.

(5) If the CMA is considering the imposition of a monetary penalty on the respondent (see paragraph 16C), the provisional enforcement notice must also state—

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

(b) the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

(c) any further factors (in addition to those provided under sub-paragraph (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.]