Enforcement of an undertaking.


116.  
(1)   Subject to subsection (2), the Commission or a person may apply to a court for the enforcement of a registered undertaking against the person providing the undertaking if an undertaking has not been complied with.  

            (2)   If a sum of money is payable by any person, or where anything other than the payment of money, is required to be done or not be done by any person because of any direction given by the Commission under section 112, and the direction has not been complied with by the person to whom it is addressed, then the direction shall, for all purposes, be enforceable as if the direction is a judgment of the High Court, in accordance with such rules of court as may be applicable or in such manner as the Court may deem just or expedient provided that a certificate has been issued by the Commission to the complainant for leave to proceed to the Court for the enforcement of a registered undertaking except in the case of an injunction.  

           (3)   No certification is required if an action is taken by the Commission under this section.





Regulatory forbearance.


Chapter 12 

Regulatory Forbearance


117   (1)   Notwithstanding any contained in this Act, the Minister may, on the recommendation of the Commission, direct the Commission to forbear from applying any provision of this Act or its subsidiary legislation to a licensee or class of licensees, or to a person or class of persons, if the Minister determines that ---

                  (a)   the enforcement of such provision is not necessary to ensure the 
                          achievement of the objects of this Act;

                  (b)   the enforcement of such provision is not necessary for the 
                          protection of consumers;  

               

mukasurat 68