Part 3: Enforcement of consumer protection law Directions Section 192: Final breach of directions enforcement notice
This section allows the CMA to issue a final breach of directions enforcement notice requiring the payment of a monetary penalty where the CMA is satisfied that the enforcement subject has without reasonable excuse failed to comply with an enforcement direction. The CMA may issue a final breach of directions enforcement notice following the issue of a provisional breach of directions enforcement notice under section 191, the expiry of the time to make representations and after considering any representations received (subsections (1) and (2)).
	Subsection (3) reflects that at this late stage of giving a final breach of directions enforcement notice and given the seriousness of failing to comply with its previous directions without a reasonable excuse, the CMA will wish in every case to impose a penalty. Subsection (5) provides that the CMA has a discretion to vary or revoke its original directions and to specify new directions to achieve compliance.
	The final breach of directions enforcement notice must specify certain details (subsections (4) and (6)), including:
the CMA’s findings in relation to the circumstances of the breach,
the monetary penalty information specified in section 203, which includes information on appeal rights in respect of the imposition of the penalty;
where the notice varies an enforcement direction or specifies other directions, applicable rights and details to appeal the notice.
	The CMA has discretion to publish a final breach of directions enforcement notice (subsection (7)).