Part 3

Enforcement of consumer protection law
Chapter 4

Direct enforcement powers of CMA

Directions

Provisional breach of directions enforcement notice
191
1
This section applies where—
a
an enforcement direction has been given to a person (“the respondent”), and
b
the CMA has reasonable grounds to believe that the respondent has without reasonable excuse failed to comply with the direction (fully or to any respect).
2
The CMA may give to the respondent a notice under this section (a “provisional breach of directions enforcement notice”).
3
A provisional breach of directions enforcement notice must—
a
set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the belief mentioned in subsection (1)(b);
b
set out proposed directions for the purpose of securing that the respondent complies with the direction;
c
invite the respondent to make representations to the CMA about the giving of the notice;
d
specify the means by which, and the time by which, such representations must be made.
4
The means specified under subsection (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
A provisional breach of directions 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 subsection (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.
6
In this Chapter “enforcement direction” means a direction given in—
a
a final infringement notice,
b
an online interface notice, or
c
a final breach of undertakings enforcement notice.
S. 191 not in force at Royal Assent, see s. 339(1)
Ss. 191-196 applied (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) by 2015 c. 15, Sch. 5 para. 16C(11) (as inserted 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))
S. 191 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)