Part 3

Enforcement of consumer protection law
Chapter 3

Consumer protection orders and undertakings

Powers of court on application under section 153

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
c
the likely cost to consumers of obtaining the benefit of the measures.
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.
S. 157 not in force at Royal Assent, see s. 339(1)
S. 157 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)