Schedule 19, paragraph 4

This paragraph applies where an enforcer has accepted an undertaking from a person under the old law. Enforcement action in respect of a person’s breach of the undertaking, whether the breach takes place before, on or after the commencement date, may be taken only under the old law. Sub-paragraph (4) applies where a breach of the undertaking— takes place (to any extent) on or after the commencement date, and it appears to an enforcer that the act or omission comprising the breach, so far as taking place on or after that date— is also a commercial practice which constitutes a relevant infringement under the new law, or is carried out by a person who is an accessory under the new law to such a commercial practice. Enforcement action in respect of the act or omission may be taken— under the new law, or if the act or omission would also be a domestic or Schedule 13 infringement for the purposes of the old law, under the old law. It is for the enforcer concerned to determine whether to take enforcement action under the new law or the old law in accordance with sub-paragraph (4). A breach of an undertaking that first takes place before the commencement date is to be treated for the purposes of this paragraph as also taking place on or after that date if the act or omission comprising the breach is repeated or continued on or after that date.

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Source: legislation.gov.uk · retrieved 2026-07-30