Part 3: Enforcement of consumer protection law Undertakings and further proceedings Section 163: Acceptance of undertakings by enforcers
This section provides that where an enforcer could make an application to the court for an enforcement order or interim enforcement order against a person whom it believes is an infringer or an accessory ("an enforcement subject"), it may accept an undertaking from the enforcement subject (subsection (1)). This section restates and updates section 219 of the Enterprise Act 2002.
	The enforcer is not required to have notified the CMA before accepting an undertaking under this section (subsection (8)). An enforcer may decide that such an undertaking will avoid the need for it to apply for an order.
	Subsection (2) sets out the scope of an undertaking under this section:
for the infringer, not to continue or repeat the infringing practice,
for the accessory, not to consent or connive in the infringing practice,
for both the infringer and accessory, not to engage in the infringing practice in the course of their business or another business, and to not consent or connive in the carrying out of the infringing practice by a body corporate with which they have a special relationship.
	Subsections (4) and (5) enable enforcers to exercise discretion as to publishing undertakings agreed under this section to, for example, raise consumer awareness, maintain market confidence and deter future infringing practices or conduct. Such publicity is not an enhanced consumer measure. The party giving an undertaking may publish the undertaking instead of the enforcer.
	Under section 156, if an enforcement subject gives an undertaking to an enforcer under this section, the court must take into account any failure to comply with the undertaking when exercising its discretion to make an enforcement order on any subsequent application in relation to the same conduct.
	Under section 170, an enforcer must notify the CMA of the terms of any undertaking given to it under this section and the identity of the person giving it. This is to enable the CMA to fulfil its coordination role.
	Where an enforcer accepts an undertaking under this section, it may accept from the enforcement subject any variation of the undertaking if it considers that would achieve compliance. An enforcer may also release the undertaking if it is no longer needed (for example, if the original compliance concerns no longer apply or the enforcement subject’s business model has changed such that the undertaking is no longer needed) (subsection 6)). It is open to enforcement subjects who have given undertakings to seek their release, but this could be done at the enforcer’s own initiative too (subject to the procedural requirements set out in section 165).
	Subsection (7) imposes record-keeping requirements on enforcers in relation to undertakings they accept and reviews of their effectiveness they carry out.