Part 3: Enforcement of consumer protection law Chapter 7: Miscellaneous Schedule 19: Part 3: Transitional and saving provisions in relation to Part 3
Schedule 19 contains transitional and saving provisions regarding:
the operation of "the new law", i.e. Chapters 3 and 4 of Part 3 to the Act (and any legal provisions relating to those Chapters, including Schedule 5 to the Consumer Rights Act 2015 as amended by this Act), and
the operation of "the old law", i.e. Part 8 of the Enterprise Act 2002 as it had effect immediately before the commencement of this Act (and any provisions of law relating to that Part, including Schedule 5 to the Consumer Rights Act 2015, as they had effect immediately before the commencement of this Act).
	General rules: The starting position is that the new law applies to conduct that takes place on or after the commencement date of Chapters 3 and 4 of Part 3 to the Act including where conduct of concern is likely to take place on or after the commencement date.
	Accordingly, the old law continues to apply (paragraph 2, subparagraphs (1)-(3)):
to conduct which takes place before the commencement date of Chapters 3 and 4;
to enforcement action regarding breach of a court order made under Part 8 of the Enterprise Act 2002 or an undertaking given to the court under that Part; and
where proceedings have been started under Part 8 of the Enterprise Act 2002 against a person before the commencement of the new law for the purposes of the continuation and completion of those proceedings.
	Paragraph 3 makes provision for how the new law applies to continuing conduct and paragraph 4 makes provision for its application to undertakings given to an enforcer under Part 8 of the Enterprise Act 2002.
	Continuing conduct is an act or omission which starts before the new law has commenced (i.e. pre-commencement) but is repeated or continues on or after the new law’s commencement (i.e. post-commencement). Paragraph 3, subparagraph (2) provides that the new law applies in full to the continuing conduct to the extent that it takes place post-commencement. In these circumstances, paragraph 3, subparagraph (3) provides that the new law also applies in respect of the person’s pre-commencement conduct for the purposes of enabling the taking of enforcement action in relation to that conduct. However, paragraph 3, subparagraph (4) provides that in relation to the pre-commencement relevant infringement, a requirement under Chapter 3 or 4 of Part 3 can be imposed only if a requirement of a corresponding kind could have been imposed under the old law. This means that new enforcement powers, such as monetary penalties, cannot be applied retrospectively.
	Paragraph 3, subparagraph (5)) provides, regard may be had to the part of the continuing conduct which takes place pre-commencement for the purpose of enabling enforcement action in respect of the post-commencement conduct under the new law (paragraph 3, subparagraphs (5)). This ensures, for example, that the CMA can use its new direct enforcement powers (under Chapter 4 of Part 3) against a trader who is misleading a consumer by continuing to rely upon unfair contract terms post-commencement of the CMA’s new powers, albeit the relevant contract (containing the unfair terms) was agreed between the trader and the consumer pre-commencement of Chapter 4.
	Paragraph 4, subparagraphs (1) and (2) provide that where a breach of an undertaking given to an enforcer under Part 8 Enterprise Act 2002 takes place on or after the date of commencement of the new law, then the enforcer may only enforce this undertaking under the old law.
	However, if the enforcer considers that this act or omission constituting the breach of the undertaking may also be a relevant infringement under the new law (or a person is an accessory to the infringing practice), the enforcer has a choice whether to enforce that breach under the new law, or the old law (if the act or omission would have amounted to a domestic or Schedule 13 infringement under Part 8 of the Enterprise Act 2002) (paragraph 4, subparagraphs (3) to (5)). If the enforcer decides to pursue the breach under the new law (i.e. under Chapter 3 or, in the case of the CMA, under Chapter 4 of Part 3), then the matter must be treated as a "new" case. For example, in relation to beginning Chapter 3 enforcement, it may be appropriate to commence consultation under section 155. This approach ensures that a breach of an undertaking given to an enforcer under Part 8 Enterprise Act 2002 cannot result in a penalty being imposed retrospectively under the Part 3 enforcement regimes.
	Paragraph 4, subparagraph (6) makes provision for the treatment of a breach of undertaking where the relevant act or omission is continuing.
	Paragraph 5 sets out the transitional provisions that apply to information notices under paragraph 14 of Schedule 5 to the Consumer Rights Act 2015. The new powers and related provisions in Schedule 17 to the Act for the court and the CMA to enforce compliance with these information notices may only be exercised in relation to information notices given on or after the relevant commencement date of the Act. This means that monetary penalties for non-compliance with information notices cannot be imposed retrospectively.