Part 3: Enforcement of consumer protection law Notification of CMA Section 169: Notification requirements: applications
This section restates and updates the effect of sections 214 and 215 of the Enterprise Act 2002 to the extent they include obligations on enforcers who are not the CMA. This section requires these other enforcers to notify the CMA of their intention to apply for a consumer protection order. The enforcer can only make an application for an enforcement order or an online interface order at least 14 days after the notice was given (beginning with the day the notice was given). There is a corresponding requirement – subject to a minimum 7-day period from the day the notice was given – when an enforcer intends to apply for an interim enforcement order or an interim online interface order (subsections (1) to (3)). These waiting periods can be shortened if the CMA consents by notice to the enforcer making the application sooner (subsection (2), paragraph (b)). Subsection (4) requires the enforcer to inform the CMA of the outcome of any application it makes.
	The policy intent underlying the notification requirement in this section is for the CMA to be able to perform a coordinating role in relation to enforcement under this Part. The notification requirement enables the CMA to facilitate the sharing of information between enforcers and to make directions under section 154. The Government considers that this mitigates the risk of traders facing multiple actions in relation to the same infringing practice.
	Subsections (5) and (6) require an enforcer to inform the CMA of the making, and outcome, of applications to the court under section 166 in respect of a failure to comply with a consumer protection order or undertakings to the court.