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Enterprise Act 2002
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Changes to legislation:
Enterprise Act 2002, Section 167 is up to date with all changes known to be in force on or before 07 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 167:
- s. 167(5) words substituted by 2024 c. 13 Sch. 9 para. 7(3)
- s. 167(6) words substituted by 2024 c. 13 Sch. 9 para. 7(4)
- s. 167(9) words substituted by 2024 c. 13 Sch. 9 para. 7(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(1A) inserted by 2024 c. 13 Sch. 5 para. 2(2)
- s. 23(2)(c) and word inserted by 2024 c. 13 Sch. 4 para. 2(3)(b)
- s. 23(2B) inserted by 2024 c. 13 Sch. 4 para. 2(4)
- s. 23(4C)-(4G) inserted by 2024 c. 13 Sch. 4 para. 2(5)
- s. 33(1A) inserted by 2024 c. 13 Sch. 5 para. 3(2)
- s. 34ZA(1A) inserted by 2024 c. 13 Sch. 5 para. 4(3)
- s. 34ZD-34ZF inserted by 2024 c. 13 Sch. 5 para. 7
- s. 39(2A) inserted by 2024 c. 13 s. 131(2)(a)
- s. 39(3A) inserted by 2024 c. 13 Sch. 5 para. 8(3)
- s. 39(7A) inserted by 2024 c. 13 s. 131(2)(c)
- s. 51(2A) inserted by 2024 c. 13 s. 132(2)(a)
- s. 51(7A) inserted by 2024 c. 13 s. 132(2)(c)
- s. 59(3E)(3F) inserted by 2024 c. 13 Sch. 4 para. 6(3)
- s. 59(6A)(a)(b) substituted for words by 2024 c. 13 Sch. 4 para. 6(5)
- s. 84A-84C and cross-heading inserted by S.I. 2019/93, reg. 48A (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 86(A1) inserted by S.I. 2019/93, reg. 48B(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 89(A1) inserted by 2024 c. 13 Sch. 11 para. 9(3)
- s. 89(3) inserted by 2024 c. 13 Sch. 11 para. 9(4)
- s. 91(3)(ba) inserted by S.I. 2019/93, reg. 48E(2)(a) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92(A1) inserted by S.I. 2019/93, reg. 48F(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92A inserted by S.I. 2019/93, reg. 48G (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 107(1)(aaa) inserted by 2024 c. 13 Sch. 5 para. 14(2)(b)
- s. 107(6)(a)(b) inserted by 2024 c. 13 Sch. 5 para. 14(3)
- s. 109(A1)(c) inserted by S.I. 2019/93, reg. 50A(2) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 109(8B)(8C) inserted by S.I. 2019/93, reg. 50A(4) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110(1)-(1C) substituted for s. 110(1) by 2024 c. 13 Sch. 10 para. 15(3)
- s. 110A(3A) inserted by S.I. 2019/93, reg. 50C(3) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110A(10)(11) inserted by 2024 c. 13 Sch. 28 para. 2
- s. 111(5)(b)(iii) inserted by 2024 c. 13 Sch. 28 para. 3(d)
- s. 112(A1)-(A3) inserted by 2024 c. 13 Sch. 10 para. 18(2)
- s. 112(3A) inserted by 2024 c. 13 Sch. 10 para. 18(6)
- s. 114(5A) inserted by 2024 c. 13 Sch. 10 para. 20(5)
- s. 114(12)(a) words in s. 114(12) renumbered as s. 114(12)(a) by 2024 c. 13 Sch. 10 para. 20(7)(a)
- s. 114(12)(b) inserted by 2024 c. 13 Sch. 10 para. 20(7)(b)
- s. 116(5) inserted by 2024 c. 13 Sch. 10 para. 22(5)
- s. 116A inserted by 2024 c. 13 Sch. 10 para. 23
- s. 117(2A) inserted by 2024 c. 13 Sch. 10 para. 24(4)
- s. 120(1A)(c) inserted by 2024 c. 13 Sch. 28 para. 4(2)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by 2024 c. 13 Sch. 28 para. 4(3)(a)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by S.I. 2019/93, reg. 51A(4)(a) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 120(2)(b)(ii) inserted by 2024 c. 13 Sch. 28 para. 4(3)(b)
- s. 120(2)(b)(ii) and word inserted by S.I. 2019/93, reg. 51A(4)(b) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 123(2)(c) inserted by 2024 c. 13 Sch. 4 para. 9(3)
- s. 123(3A) inserted by 2024 c. 13 Sch. 4 para. 9(4)
- s. 131B(8)(9) inserted by 2024 c. 13 s. 135(4)
- s. 133(1A)(1B) inserted by 2024 c. 13 s. 136(2)(a)
- s. 133A(1)(aa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(b)
- s. 133A(1)(ba) inserted by 2024 c. 13 Sch. 8 para. 3(2)
- s. 133A(1)(fa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(c)
- s. 133A(2)(ca) inserted by 2024 c. 13 Sch. 9 para. 2(3)
- s. 133A(2)(za) inserted by 2024 c. 13 Sch. 8 para. 3(3)
- s. 134(2B) inserted by 2024 c. 13 s. 136(3)(c)
- s. 136(2)(aa) inserted by 2024 c. 13 Sch. 8 para. 4
- s. 138A(A1)-(A3) inserted by 2024 c. 13 Sch. 9 para. 3(2)
- s. 151(7) inserted by 2024 c. 13 s. 146(6)(d)
- s. 154A and cross-heading substituted for s. 154 and cross-heading by 2024 c. 13 Sch. 8 para. 8
- s. 155(3A) substituted for s. 155(3) by 2024 c. 13 Sch. 8 para. 9(3)
- s. 156(1)(ab) inserted by 2024 c. 13 Sch. 8 para. 10(4)(c)
- s. 156(4)-(7) inserted by 2024 c. 13 Sch. 8 para. 10(6)
- s. 161A inserted by 2024 c. 13 Sch. 11 para. 16
- s. 162A inserted by 2024 c. 13 s. 139(4)
- s. 162B inserted by 2024 c. 13 Sch. 9 para. 5
- s. 167(1)(a) words in s. 167(1) renumbered as s. 167(1)(a) by 2024 c. 13 Sch. 9 para. 7(2)(a)
- s. 167(1)(b) inserted by 2024 c. 13 Sch. 9 para. 7(2)(b)
- s. 167(10) inserted by 2024 c. 13 Sch. 11 para. 17
- s. 167B(5)(b)(i) words in s. 167B(5)(b) renumbered as s. 167B(5)(b)(i) by 2024 c. 13 Sch. 9 para. 9(2)
- s. 167B(5)(b)(ii) and word inserted by 2024 c. 13 Sch. 9 para. 9(3)
- s. 172(2)(h) and word inserted by 2024 c. 13 s. 139(7)(a)(ii)
- s. 172(2)(zc) inserted by 2024 c. 13 Sch. 9 para. 11
- s. 172(11) inserted by 2024 c. 13 s. 139(7)(b)
- s. 174A(1)-(1C) substituted for s. 174A(1) by 2024 c. 13 Sch. 10 para. 27(3)
- s. 174A(10) inserted by 2024 c. 13 Sch. 10 para. 27(7)
- s. 174E(5) inserted by 2024 c. 13 Sch. 10 para. 30(5)
- s. 174ZA inserted by 2024 c. 13 Sch. 13 para. 17
- s. 177(1)(a) words in s. 177(1) renumbered as s. 177(1)(a) by 2024 c. 13 s. 139(8)(b)(i)
- s. 177(1)(b) inserted by 2024 c. 13 s. 139(8)(b)(ii)
- s. 180(1A)(1B) substituted for s. 180(2) by 2024 c. 13 Sch. 10 para. 32(3)
- s. 183(3)(a)(iiia) inserted by 2024 c. 13 Sch. 8 para. 16(b)
- s. 194(2)(e)-(g) inserted by 2024 c. 13 s. 141(3)(b)
- s. 196(2A) inserted by 2024 c. 13 s. 141(4)
- s. 243E(2A) inserted by 2024 c. 13 Sch. 28 para. 5
- Sch. 4 para. 21B inserted by 2024 c. 13 Sch. 3 para. 9
- Sch. 5A para. 7A inserted by 2024 c. 13 Sch. 5 para. 10(4)
- Sch. 5A para. 5 5A substituted for Sch. 5A para. 5 by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 5A para. 1(2)(a)(b) substituted for words by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 10 para. 6(aa) inserted by S.I. 2019/93, reg. 59A(12)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1(aa) inserted by S.I. 2019/93, reg. 59A(4)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1A inserted by S.I. 2019/93, reg. 59A(5) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
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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