Part 3: Enforcement of consumer protection law Powers of court on application under section 153 Section 159: Interim enforcement orders and undertakings
This section gives a discretionary power to the court, where the conditions in subsection (1) are satisfied, to make an interim enforcement order or accept an undertaking as an alternative. An undertaking accepted as an alternative may cover the same compliance requirements as in an interim enforcement order or may be to take such steps as the court considers will secure compliance (subsection (2), paragraph (b)). This section restates and updates section 218 of the Enterprise Act 2002.
	An interim enforcement order may be made without notice to the enforcement subject if the court considers that appropriate (subsection (3)). However, an enforcer other than the CMA must not make an application for an interim enforcement order without complying with the prior notification requirements in section 169. A notice period of up to 7 days, or (if sooner) the CMA consent to the making of the application, is required under that section.
	Secondly, subsection (7) requires that where an application for an interim enforcement order is made without notice, the application must explain why no notice has been given and, in any event, all relevant information supporting the application must be included, to enable the court to decide if the conditions for making an interim order have been met.
	An application for an interim enforcement order without notice may be considered to be necessary, for example, if an enforcer becomes aware that a misleading advertisement is about to be published in a national publication or if a trader sets up in temporary premises to sell goods of unsatisfactory quality or to mislead consumers as to the goods they are purchasing (so-called "one day sales").
	An interim enforcement order must stipulate the nature of the infringing practice and how compliance is to be achieved (subsections (4) and (5)).
	An application for an interim enforcement order may be made at any point in time, subject to the exception that the application cannot be made after an application for an enforcement order, or a final infringement notice, against the same enforcement subject in respect of the same conduct, has been determined or given (subsection (6)).
	Subsections (8) and (9) provide for the variation or discharge of an interim enforcement order. Subsection 9(b) provides that an interim enforcement order made in respect of certain conduct is discharged upon the giving of a final infringement notice to the respondent in respect of that conduct. It is the Government’s intention that the CMA (which is not granted interim enforcement powers in Chapter 4) will be able to obtain an interim enforcement order from the court but then pursue final enforcement through its direct enforcement powers (i.e. through the imposition of a final enforcement notice), rather than seeking an enforcement order from the court.