Part 3: Enforcement of consumer protection law Undertakings and further proceedings Section 167: Undertakings to public designated enforcers: further proceedings
This section sets out that where a public designated enforcer has accepted an undertaking and there has been a failure to comply with it, the enforcer is empowered to make an application to the court (subsections (1) and (2)).
	However, an application cannot be made for a failure to comply with an undertaking which consists solely of a failure to provide information or documents required by the undertaking to determine whether the enforcement subject is taking any enhanced consumer measures attached to the undertaking (subsection (7)).
	In its application, a public designated enforcer can request the imposition of a monetary penalty for the alleged failure to comply with the undertaking. If the court finds that the undertaking is not being complied with and is satisfied that this failure is without a reasonable excuse, the court may make an order requiring the payment of a monetary penalty (subsection (4), paragraph (b) and subsection (5)).
	In its application under this section, an enforcer can also include an application for a consumer protection order (subsection (3)). This means that where the enforcer has the power under Chapter 3 of Part 3 to make the application, they may apply for an enforcement order, an interim enforcement order, an online interface order or an interim online interface order (as applicable). By making such an order, the court is able to address the infringing practice and any related consent or connivance to it by an accessory. A consumer protection order can be made by the court instead of or in addition to making an order to pay a monetary penalty for failure to comply with an undertaking, without reasonable excuse.
	Subsection (4), paragraph (a) provides that the court may make a consumer protection order instead of any other order within its power to make (e.g. a finding of contempt). An enforcement order made by the court may include the imposition of a monetary penalty (see section 158). Therefore, the court has discretion to impose monetary penalties following an application made by a public designated enforcer under this section in respect of failure to comply with the undertaking and/or in respect of the relevant infringement.
	The court is not able to accept another undertaking in response to an application for a consumer protection order under this section (subsection (6), paragraph (c)). This is because there would already have been one failure to comply with an undertaking and it would be appropriate to escalate the means by which compliance is sought.
	Subsection (6), paragraph (a) removes the power for the CMA to give directions (under section 154) and the requirement for the enforcer to consult with the enforcement subject (under section 155). The consultation requirements aim to resolve infringing practices without the need for court action or to facilitate enforcement action by the most appropriate enforcer in the circumstances of the case. Where an enforcer believes an enforcement subject has breached an undertaking, which is itself an alternative to a court order, this may strongly suggest that another round of out-of-court consultation would fail to resolve the underlying infringing practice.
	An application under this section can only be made in respect of a commercial practice that has occurred or is occurring (subsection (6), paragraph (b).
	Subsection (8) provides an enforcement subject who is required to pay a monetary penalty with a right to appeal the decision to impose a penalty, its nature or amount "on the merits", in addition to their existing appeal rights.
	Section 168 sets out the maximum monetary penalties that the court may impose under this section and section 203 makes further provisions for information to be included in an order, or in a notice to accompany an order, that includes a requirement to pay a monetary penalty (subsection (9)).