Skip to main content
Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 24 May 2024 - onwards

163 Acceptance of undertakings by enforcers

(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a person ("the respondent") whom the enforcer believes -

(a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement ("the infringing practice"), or

(b) is an accessory to the infringing practice.

(2) The enforcer may accept an undertaking from the respondent to do one or more of the following -

(a) in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;

(c) in either case, not to engage in the infringing practice in the course of the respondent's business or another business;

(d) in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(3) See also section 164 about the inclusion of enhanced consumer measures in an undertaking under this section.