Legislation – Digital Markets, Competition and Consumers Act 2024

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 3Enforcement of consumer protection law

Chapter 3Consumer protection orders and undertakings

Notification of CMA

169Notification requirements: applications

(1)

This section applies to an enforcer that is not the CMA.

(2)

Before making an application for a consumer protection order the enforcer—

(a)

must by notice inform the CMA of its intention to do so, and

(b)

may only proceed to make the application after expiry of the minimum period or, if sooner, after the CMA has by notice informed the enforcer that it consents to the making of the application.

(3)

The “minimum period” is—

(a)

in the case of an enforcement order or an online interface order, 14 days beginning with the day on which the notice under subsection (2)(a) is given;

(b)

in the case of an interim enforcement order or an interim online interface order, 7 days beginning with the day on which the notice under subsection (2)(a) is given.

(4)

Where an enforcer proceeds to make an application for a consumer protection order, the enforcer must by notice inform the CMA of the result of the application.

(5)

Subsection (6) applies where the enforcer makes an application under section 166 in respect of a failure to comply with—

(a)

a consumer protection order, or

(b)

an undertaking given under section 156 or 159.

(6)

The enforcer must by notice inform the CMA of the making of the application and of any order made by the court on the application.

170Notification requirements: undertakings

(1)

This section applies to an enforcer that is not the CMA which accepts an undertaking under section 163.

(2)

The enforcer must by notice inform the CMA of—

(a)

the terms of the undertaking, and

(b)

the identity of the person who gave it.

171Notification requirements: proceedings

(1)

This section applies where a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment listed in Part 1 of Schedule 15.

(2)

Before starting the proceedings the authority—

(a)

must by notice inform the CMA of its intention to do so, and

(b)

may only start the proceedings on or after the relevant day.

(3)

The “relevant day” is—

(a)

the day on which the CMA notifies the authority that the CMA has received the authority’s notice given under subsection (2)(a), or

(b)

if sooner, the day beginning 14 days after the day on which that notice was given.

(4)

Where the authority starts the proceedings, the authority must by notice inform the CMA of outcome of the proceedings.

(5)

A failure of an authority to comply with a requirement under this section does not invalidate any proceedings started by the authority.

172Notification requirements: convictions and judgments

(1)

This section applies where—

(a)

a person is convicted of an offence by or before a court in the United Kingdom, or

(b)

a judgment is given against a person by a court in civil proceedings in the United Kingdom.

(2)

The court may make arrangements to bring the conviction or judgment to the attention of the CMA if it appears to the court—

(a)

having regard to the functions of the CMA under this Chapter or Chapter 4, that it is expedient for the conviction or judgment to be brought to the attention of the CMA, and

(b)

without such arrangements the conviction or judgment may not be brought to the attention of the CMA.

(3)

For the purposes of subsection (2) it is immaterial whether the proceedings have been finally disposed of by the court.

(4)

Judgment includes an order or decree (and references to the giving of a judgment are to be construed accordingly).