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Enterprise Act 2002
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Changes over time for: Section 167
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- 20/06/2003- Amendment
- 01/04/2014- Amendment
- 31/03/2022
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Enterprise Act 2002, Section 167 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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167 Rights to enforce undertakings and orders under this PartU.K.
This section has no associated Explanatory Notes
(1)This section applies to any enforcement undertaking or enforcement order.
(2)Any person to whom such an undertaking or order relates shall have a duty to comply with it.
(3)The duty shall be owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order.
(4)Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.
(5)In any proceedings brought under subsection (4) against a person to whom an enforcement undertaking or enforcement order relates it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the undertaking or (as the case may be) order.
(6)Compliance with an enforcement undertaking or an enforcement order shall also be enforceable by civil proceedings brought by the [F1CMA] for an injunction or for interdict or for any other appropriate relief or remedy.
(7)Compliance with an undertaking accepted [F2by the Secretary of State] under section 157 or 159, or an order [F3made by the Secretary of State] under section 158, 160 or 161, shall also be enforceable by civil proceedings brought by the [F4Secretary of State] for an injunction or for interdict or for any other appropriate relief or remedy.
F5(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Subsections [F6(6) and (7)] shall not prejudice any right that a person may have by virtue of subsection (4) to bring civil proceedings for contravention or apprehended contravention of an enforcement undertaking or an enforcement order.
Textual Amendments
F1Word in s. 167(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 167(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 167(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 167(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5S. 167(8) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in s. 167(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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