Part 3: Enforcement of consumer protection law Chapter 6: Investigatory Powers Schedule 17: Investigatory powers Miscellaneous
Paragraph 16J, subparagraph (1) prevents the CMA from using the court-based enforcement regime (under paragraph 16A) to enforce against failure to comply with an information notice where it has used the direct enforcement regime in respect of the same failure, i.e. given the information notice recipient a final enforcement notice in respect of the same failure.
	Paragraph 16J, subparagraph (2) prevents the CMA from using the direct enforcement regime in respect of a failure to comply with an information notice where the CMA has already used the court-based regime in in respect of the same failure. As a result, the CMA will only be able to use either the court-based enforcement regime (under paragraphs 16 and 16A) or its own direct enforcement regime (under paragraphs 16B and 16C) in relation to a failure to comply with a CMA information notice.