Part 3: Enforcement of consumer protection law Undertakings and further proceedings Section 164: Undertakings under section 163: enhanced consumer measures
This section empowers an enforcer to include enhanced consumer measures that it considers to be just, reasonable and proportionate in an undertaking. It partially restates and updates section 219B of the Enterprise Act 2002.
	Subsections (2) and (3) require the enforcer to consider the likely benefits and costs of the measures, as part of its assessment of the proportionality of the measures. In particular, the enforcer must take into account for this assessment the costs of the measures themselves to the enforcement subject, as well as administrative costs. Private designated enforcers are subject to further provisions in section 177 (subsection (7)).
	Subsection (4) stipulates that the enforcement subject may also be required to provide information or documents to the enforcer to enable it to determine if they are taking any enhanced consumer measures required.
	Subsections (5) and (6) set out that where a settlement agreement is entered into in connection with the payment of compensation as a result of an enhanced consumer measure, any waiver of consumers’ rights to bring civil proceedings is not valid to the extent that it purports to extend beyond the conduct covered by the undertaking.