Part 3: Enforcement of consumer protection law Applications for enforcement orders and interim enforcement orders Section 155: Consultation
This section provides that where an enforcer thinks that a relevant infringement has occurred, is occurring or is likely to occur, they must consult the enforcement subject before making an application for an enforcement order or interim enforcement order (subsection (1)). This section restates, consolidates and updates the duty to consult set out in section 214 of the Enterprise Act 2002 and the underlying secondary legislation on making and receipt of an initial consultation request.
	The requirement to consult is suspended if the CMA thinks that an application for an enforcement order or an interim enforcement order should be made without delay (subsection (5)). The enforcer is required to notify the CMA of its intention to apply for an enforcement order or an interim enforcement order under section 169 which enables the CMA to assess whether a prospective application is urgent and should be made without consultation with the enforcement subject.
	Subsection (2) defines the purposes of consultation under this section. In particular, the consultation should alert the enforcement subject to the possibility of a monetary penalty being sought alongside an enforcement order.
	The underlying policy intent is that in most cases prior consultation will provide an opportunity to stop or prevent the relevant infringement without the need for court action. It may be, for example, that the enforcement subject was not aware that their practice constituted a relevant infringement. Following consultation, the enforcer may then decide it is not necessary to make an application. The enforcement subject may decide to offer an undertaking to the enforcer (see section 163).
	Subsections (3) and (4) require the enforcer to give a written consultation request - by notice - to the enforcement subject. Section 332 sets out the process for giving notices under this Part to persons within and outside of the UK.
	Subsections (6) to (9) set out the minimum periods for consultation for enforcement orders and interim enforcement orders and related definitions.