191Provisional breach of directions enforcement notice
(1)This section applies where—
(a)an enforcement direction has been given to a person (“the respondent”), and
(b)the CMA has reasonable grounds to believe that the respondent has without reasonable excuse failed to comply with the direction (fully or to any respect).
(2)The CMA may give to the respondent a notice under this section (a “provisional breach of directions enforcement notice”).
(3)A provisional breach of directions enforcement notice must—
(a)set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the belief mentioned in subsection (1)(b);
(b)set out proposed directions for the purpose of securing that the respondent complies with the direction;
(c)invite the respondent to make representations to the CMA about the giving of the notice;
(d)specify the means by which, and the time by which, such representations must be made.
(4)The means specified under subsection (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.
(5)A provisional breach of directions enforcement notice must also state—
(a)that the CMA is considering imposing a monetary penalty;
(b)the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);
(c)any further factors (in addition to those provided under subsection (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.
(6)In this Chapter “enforcement direction” means a direction given in—
(a)a final infringement notice,
(b)an online interface notice, or
(c)a final breach of undertakings enforcement notice.