CONSUMER PROTECTION (FAIR TRADING)
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specified body may invite the supplier to enter into a voluntary compliance agreement.
(2) The voluntary compliance agreement shall—
- (a) be in writing; and
- (b) include an undertaking that the supplier will not engage in the unfair practice.
(3) Subject to subsection (5), the specified body may (with the agreement of the supplier) include in a voluntary compliance agreement all or any of the following undertakings by the supplier:
- (a) to compensate any consumer who has suffered loss or damage as a result of an unfair practice;
- (b) to reimburse any specified body for any costs or expenses incurred by it;
- (c) to publicise the voluntary compliance agreement, in such manner or upon such terms as specified in the undertakings.
(4) Subject to subsection (5), the specified body may (after entering into a voluntary compliance agreement and with the agreement of the supplier)—
- (a) vary the terms of any undertaking included in the voluntary compliance agreement; or
- (b) include, in the voluntary compliance agreement, additional undertakings referred to in subsection (3).
(5) No undertaking referred to in subsection (3)(a) shall be included in a voluntary compliance agreement or varied after its inclusion, except at the request of the consumer to whom the undertaking relates.
(6) Where a supplier fails to comply with any undertaking referred to in subsection (3)(a), the consumer may recover the compensation specified in the undertaking as a civil debt due to the consumer.
(7) Where a supplier fails to comply with any undertaking referred to in subsection (3)(b), the specified body may recover the reimbursement specified in the undertaking as a civil debt due to the specified body.
