{
  "url": "https://openlegislation.uk/enterprise-act-2002/section-167A",
  "json_url": "https://openlegislation.uk/enterprise-act-2002/section-167A.json",
  "legislation": "ukpga/2002/40",
  "legislation_title": "Enterprise Act 2002",
  "legislation_url": "https://openlegislation.uk/enterprise-act-2002",
  "path": "section/167A",
  "kind": "section",
  "number": "167A",
  "heading": "Enforcement of undertakings and orders etc: imposition of penalties",
  "text": "(1) The relevant authority may, in accordance with section 167B, impose a penalty on a person—\n(a) from whom the authority has accepted an enforcement undertaking, or\n(b) to whom an enforcement order is addressed,\nwhere the authority considers that the person has, without reasonable excuse, failed to comply with the undertaking or order.\n(2) In this section and in section 167B, “the relevant authority” means—\n(a) in the case of a restricted PI reference or a full PI reference, the Secretary of State;\n(b) in any other case, the CMA.\n(3) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 167C at the time of the failure to comply.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 167A-167C inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 11 para. 18; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. para. 16(4)-(6), 20)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "By Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 8(3); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20) it is provided (1.1.2025) that the words “an enforcement undertaking or enforcement order” in s. 167A(1) become paragraph (a); and that after that “(b) any undertaking accepted, or order made, under section 161C.” is inserted"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 167A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 8(2); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/40/section/167A",
    "retrieved_at": "2026-10-29T09:18:50.931325+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}