Schedule 5: Enforcement of marketing restrictions Paragraph 3: Out-of-court undertakings
This paragraph allows the Secretary of State to accept an undertaking from a person as to the person’s future behaviour, where the Secretary of State considers that the person has committed or is likely to commit an offence under sections 78 or 79 regarding misleading marketing. The Secretary of State can only accept the undertaking if it would tend to avoid an offence. Subparagraph (3) requires the Secretary of State to publish details of any undertaking accepted under this paragraph.