Part 3

Enforcement of consumer protection law
Chapter 3

Consumer protection orders and undertakings

Undertakings and further proceedings

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);
c
a power of the court to accept an undertaking instead of making a consumer protection order does not apply,
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.
S. 167 not in force at Royal Assent, see s. 339(1)
S. 167 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)