Paragraph 16J F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 words inserted by Tobacco and Vapes Act 2026 Sch. 21 para. 12
Sch. 5 para. 10 words inserted by Automated Vehicles Act 2024 Sch. 5 para. 2
Sch. 5 para. 10 words inserted by Leasehold and Freehold Reform Act 2024 s. 23(5)(a)
Sch. 5 para. 10 words inserted by Leasehold and Freehold Reform Act 2024 s. 23(5)(b)
Sch. 5 para. 10 words inserted by Digital Markets, Competition and Consumers Act 2024 s. 278(7)

(1)

The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to the person a final enforcement notice under paragraph 16C in respect of that failure.

(2)

The CMA may not give a person a final enforcement notice under paragraph 16C in respect of a failure to comply with a notice under paragraph 14 if—

(a)

the CMA has made an application under paragraph 16A against the person in respect of that failure, and

(b)

the application has been determined by the court (within the meaning of that paragraph).

Annotations

Textual amendments

F1: Sch. 5 paras. 16A-16J inserted (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) 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)

Notes on Schedule 5

Modifications

C1: Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))
C2: Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
C3: Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Part 3

Modifications

C1: Sch. 5 Pt. 3: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)