Section 94AA Enforcement of undertakings and orders: imposition of penalties
F1F2The appropriate authority may, in accordance with section 94AB, impose a penalty on a person—
from whom the authority has accepted an enforcement undertaking, or
to whom an enforcement order is addressed,
where the authority considers that the person has, without reasonable excuse, failed to comply with the undertaking or order.
In this section and in section 94AB, “the appropriate authority” means—
in relation to an enforcement undertaking or enforcement order made by the Secretary of State under Schedule 7, the Secretary of State;
in relation to any other enforcement undertaking or enforcement order, the CMA.
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 94B at the time of the failure to comply.
Annotations
Textual amendments
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Ss. 94A, 94B inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 31(1), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
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Ss. 94AA, 94AB substituted for s. 94A (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. 11; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(2)(3)(7), 20)