Enterprise Act 2002

[F1 219B Inclusion of enhanced consumer measures etc. U.K.

(1) An enforcement order or undertaking may include only such enhanced consumer measures as the court or enforcer (as the case may be) considers to be just and reasonable.

(2) For the purposes of subsection (1) the court or enforcer must in particular consider whether any proposed enhanced consumer measures are proportionate, taking into account—

(a) the likely benefit of the measures to consumers,

(b) the costs likely to be incurred by the subject of the enforcement order or undertaking, and

(c) the likely cost to consumers of obtaining the benefit of the measures.

(3) The costs referred to in subsection (2)(b) are—

(a) the cost of the measures, and

(b) the reasonable administrative costs associated with taking the measures.

(4) [F2 Where the conduct which has given rise to an enforcement order or undertaking constitutes a domestic infringement and not a [F3 Schedule 13 infringement], the] enforcement order or undertaking may include enhanced consumer measures in the redress category—

(a) only in a loss case, and

(b) only if the court or enforcer (as the case may be) is satisfied that the cost of such measures to the subject of the enforcement order or undertaking is unlikely to be more than the sum of the losses suffered by consumers as a result of the conduct which has given rise to the enforcement order or undertaking.

[F4 (4A) Where the conduct which has given rise to an enforcement order or undertaking constitutes a [F5 Schedule 13 infringement], the enforcement order or undertaking may include enhanced consumer measures in the redress category for the benefit of consumers who have been affected by that conduct.]

(5) The cost referred to in subsection (4)(b) does not include the administrative costs associated with taking the measures.

(6) Subsection (7) applies if an enforcement order or undertaking includes enhanced consumer measures offering compensation and a settlement agreement is entered into in connection with the payment of compensation.

(7) A waiver of a person's rights in the settlement agreement is not valid if it is a waiver of the right to bring civil proceedings in respect of conduct other than the conduct which has given rise to the enforcement order or undertaking.

(8) The following definitions apply for the purposes of subsection (4)(a).

(9) In the case of an enforcement order or undertaking under section 217, “a loss case” means a case in which—

(a) subsection (1) of that section applies (a finding that a person has engaged in conduct which constitutes an infringement), and

(b) consumers have suffered loss as a result of that conduct.

(10) In the case of an undertaking under section 219, “a loss case” means a case in which—

(a) subsection (3)(a) or (b) of that section applies (a belief that a person has engaged or is engaging in conduct which constitutes an infringement), and

(b) consumers have suffered loss as a result of that conduct.]

Textual Amendments

F1 Ss. 219A-219C inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 7 para. 8 (with s. 79(2)); S.I. 2015/1630, art. 3(i)

F2 Words in s. 219B(4) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(10)(a) (with reg. 8)

F3 Words in s. 219B(4) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(12A) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(e)(8)); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 219B(4A) inserted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 2(10)(b) (with reg. 8)

F5 Words in s. 219B(4A) substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 3(12A) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(3)(e)(8)); 2020 c. 1, Sch. 5 para. 1(1)