Part 3: Enforcement of consumer protection law Directions Section 191: Provisional breach of directions enforcement notice
This section, in conjunction with section 192, sets out the CMA’s powers to enforce compliance with enforcement directions given in its final infringement notices under section 182, online interface notices under section 184 and final breach of undertakings enforcement notices under section 189. This is the final step in the CMA’s own control under the direct enforcement regime.
	The CMA may give a provisional breach of directions enforcement notice to an enforcement subject, if it has reasonable grounds to believe that they have failed to comply, without a reasonable excuse, with an enforcement direction given to the enforcement subject (subsections (1) and (2)).
	As it represents the CMA’s provisional view, the provisional breach of directions enforcement notice does not mean that the CMA has made a finding that the enforcement subject has failed to comply with an enforcement direction or that it considers that they do not have a reasonable excuse for failing to do so. The provisional breach of directions enforcement notice allows the enforcement subject an opportunity to know the case against them, and if they choose to do so, to respond in writing and orally.
	The provisional breach of directions enforcement notice must specify certain details (subsections (3) to (5)), including:
the grounds of the alleged failure to comply with an enforcement direction(s), without reasonable excuse,
proposed directions to achieve compliance with the enforcement direction(s),
the intent and rationale to impose a penalty and its proposed amount,
the representation process that applies and a deadline for the enforcement subject to respond. If the enforcement subject wishes to make oral representations, the CMA must arrange for an oral hearing and this opportunity must be specified in the provisional breach of directions enforcement notice (subsection (4)).