Part 3: Enforcement of consumer protection law Powers of court on application under section 153 Section 158: Enforcement orders: requirement to pay monetary penalty
This section gives a new, discretionary power to the court to require payment of a monetary penalty through an enforcement order (subsection (2)). This power is limited to where the application for the order was made by a public designated enforcer (subsection (1)).
	Only infringing practices that have taken place (or are currently happening) can be penalised with a monetary sanction (subsection (3)).
	Section 203 makes further provisions for what information must be included in an enforcement order, or in a separate notice accompanying an order, which includes a requirement to pay a monetary penalty (subsection (4)).
	The court has discretion to impose a monetary penalty as it considers appropriate, subject to the statutory maxima set out in subsection (5).
	The underlying policy intent is to provide for a penalty of up to the higher of a fixed amount or a percentage of turnover because:
a penalty of up to only a fixed amount might not act as a meaningful deterrent for large companies with substantial turnover,
conversely, there may be smaller companies (such as a new start up) which have a low or negligible turnover, so a penalty of up to only the relevant percentage of turnover might not act as a meaningful deterrent, and
some individuals in scope of the penalty powers, such as a company director who consents or connives in the infringing practice (as an accessory) will not have a turnover and therefore the higher penalty will necessarily be a penalty of up to the fixed amount.
	Where the enforcement subject has a turnover that can be determined, a fixed amount penalty must not exceed £300,000 or, if higher, 10% of the total value of the enforcement subject’s turnover. Section 204 concerns calculation of the enforcement subject’s turnover. Where the enforcement subject does not have a turnover, the fixed penalty must not exceed £300,000.
	Subsections (6) and (7) make provision to prevent a person from being subjected to both civil and criminal sanctions in respect of the same conduct.
	Subsection (6) prevents an enforcement subject who has been found guilty of an offence from being required to pay a monetary penalty in respect of the same conduct.
	Subsection (7) clarifies that an enforcement subject does not commit an offence by conduct in respect of which a monetary penalty under this section has been imposed.
	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.
	Subsection (9) provides that in Scotland ‘service of the order’ includes service of an extract order in execution of or diligence on the order. This ensures that Part 3 of the Act accounts for the different mechanisms and terminology in Scotland for the service and enforcement of orders.