Part 3: Enforcement of consumer protection law Undertakings and further proceedings Section 168: Monetary penalties under sections 166 and 167: amount
This section sets out the maximum monetary penalties that the court may impose for failure to comply with undertakings given to public designated enforcers or to the court. It specifies the maximum fixed penalty and the maximum daily rate penalty.
	The court has discretion to impose a penalty of a fixed amount and/or a penalty based on a daily rate as it considers appropriate, subject to the statutory maxima set out in subsection (3).
	See explanatory note to section 158 for the policy rationale for providing for a penalty of up to the higher of a fixed amount or a percentage of turnover.
	Where the enforcement subject has a turnover that can be determined, a fixed amount penalty must not exceed £150,000 or, if higher, 5% 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 £150,000 (subsection 3, paragraph (a)).
	Where the enforcement subject has a turnover that can be determined, a daily penalty must not exceed £15,000 or, if higher, 5% of the total value of the enforcement subject’s daily turnover. Where the enforcement subject does not have a turnover, the daily penalty must not exceed £15,000 per day (subsection 3, paragraph (b)).
	Subsection (4), paragraph (a) has the effect that a daily penalty imposed by the court on the enforcement subject can only begin to accrue after the respondent has received notice of the application served to the court by the enforcer to determine whether the undertaking has been breached on the enforcement subject. A daily penalty stops accruing when the enforcement subject fulfils the relevant requirements unless the court determines an earlier date (subsection (4), paragraph (b)).