Part 3: Enforcement of consumer protection law Applications for enforcement orders and interim enforcement orders Section 153: Applications
This section identifies which categories of person an application for an enforcement order or an interim enforcement order may be made against, and the types of infringements in relation to which an application may be made. This section restates most of section 215 of the Enterprise Act 2002 and updates it as needed.
	An enforcer may apply for an order against the infringer (the person considered to have engaged in, be engaging in or be likely to engage in the infringing practice) or an accessory (subsections (1) and (3)). Where the infringer is a body corporate, an accessory is any person who has a special relationship with the infringing body corporate and who consented or connived in the infringing practice – this and the meaning of "special relationship" is defined in sections 219 and 220. An enforcer may apply for an order against an accessory even if no application is made in respect of the infringer. These notes use the term "enforcement subject" to mean both the infringer and any accessories to the infringing commercial practice.
	Subsection (2) sets out that enforcers may make applications under this section only for breaches of those enactments, obligations or rules of law which they have been authorised to enforce as per Schedule 15.
	Subsection (4) limits the power to apply for the imposition of a monetary penalty for past or ongoing infringing practices to public designated enforcers only (i.e. private designated enforcers may not apply to court for the imposition of penalties). This application can be made as part of the application for an enforcement order.
	Subsection (5) precludes the application for a penalty where the infringer is likely to engage in an infringing practice. A similar qualification is not needed for accessories as section 219(2)(c) has the effect that an accessory cannot be an accessory to future infringing practices.