Digital Markets, Competition and Consumers Act 2024

Overview

— s. 1 — Overview (1) This Part— (a) confers functions on the CMA in relation to the regulation of competition in digital markets, and (b) makes related…

Designation of undertaking

(1) The CMA may designate an undertaking as having strategic market status (“SMS”) in respect of a digital activity carried out by the undertaking where the…

Digital activities

(1) For the purposes of this Part, the following are “digital activities”— (a) the provision of a service by means of the internet, whether for consideration…

Link to the United Kingdom

A digital activity is linked to the United Kingdom for the purposes of section 2(1)(a) if— (a) the digital activity has a significant number of UK users, (b)…

Substantial and entrenched market power

In order to assess whether an undertaking has substantial and entrenched market power in respect of a digital activity for the purposes of section 2(2)(a), the…

Position of strategic significance

An undertaking has a position of strategic significance in respect of a digital activity for the purposes of section 2(2)(b) where one or more of the following…

The turnover condition

(1) The CMA may not designate an undertaking as having SMS in respect of a digital activity unless the turnover condition is met in relation to the…

Turnover of an undertaking

(1) This section applies for the purposes of the turnover condition. (2) The total value of the global turnover of an undertaking or group in the relevant…

Initial SMS investigations

(1) The CMA may begin an initial SMS investigation where it has reasonable grounds to consider that it may be able to designate an undertaking as having SMS in…

Further SMS investigations

(1) The CMA may begin a further SMS investigation in relation to the designation of a designated undertaking in respect of a relevant digital activity at any…

Procedure relating to SMS investigations

(1) When the CMA begins an SMS investigation it must give the undertaking to which the investigation relates a notice (an “SMS investigation notice”). (2) The…

Closing an initial SMS investigation without a decision

(1) The CMA may close an initial SMS investigation at any time before it has reached a final view on the matters mentioned in paragraphs (a) and (b) of section…

Consultation on proposed decision

(1) The CMA must— (a) carry out a public consultation on any decision that it is considering making as a result of an SMS investigation (see section 14(1))…

Outcome of SMS investigations

(1) The CMA must— (a) in the case of an initial SMS investigation which it does not close under section 12, decide whether to designate the undertaking to…

Notice requirements: decisions about whether to designate

(1) Where the CMA decides as a result of an initial SMS investigation not to designate the undertaking to which the investigation relates as having SMS in…

Notice requirements: decisions to revoke a designation

(1) This section applies where the CMA decides, as a result of a further SMS investigation, to revoke the existing designation of a designated undertaking in…

Existing obligations

(1) Where the CMA decides, as a result of a further SMS investigation, to revoke a designated undertaking’s designation in respect of a relevant digital…

Designation period

(1) Where the CMA decides to designate an undertaking as having SMS in respect of a digital activity, the designation period is 5 years beginning with the day…

Power to impose conduct requirements

(1) The CMA may impose one or more conduct requirements on a designated undertaking by giving the undertaking a notice containing the information set out in…

Permitted types of conduct requirement

(1) Conduct requirements are of a permitted type if they are within subsection (2) or (3). (2) Requirements are within this subsection if they are for the…

Content of notice imposing a conduct requirement

A notice under section 19(1) or (2) must include, in relation to each conduct requirement or, as the case may be, each conduct requirement as varied, a…

Revocation of conduct requirements

(1) The CMA may revoke a conduct requirement with effect from such time as the CMA may determine. (2) Where the CMA decides to revoke a conduct requirement it…

Transitional provision relating to conduct requirements etc

(1) A notice under section 19(1) or (2) (content of notice imposing a conduct requirement), or under section 22(2) (revocation of conduct requirements), may…

Consultation in relation to a conduct requirement

(1) Before imposing a conduct requirement on a designated undertaking, the CMA must— (a) carry out a public consultation on the conduct requirement which it…

Duty to keep conduct requirements under review

The CMA must keep under review, in relation to a designated undertaking— (a) whether to impose, vary or revoke a conduct requirement; (b) the extent to which…

Power to begin a conduct investigation

(1) The CMA may begin an investigation (a “conduct investigation”) where it has reasonable grounds to suspect that an undertaking has breached a conduct…

Consideration of representations

Before making a finding that an undertaking to which a conduct investigation relates has breached or is breaching a conduct requirement, the CMA must consider…

Closing a conduct investigation without making a finding

(1) The CMA may close a conduct investigation at any time without making a finding as to whether or not a breach of a conduct requirement has occurred. (2)…

Countervailing benefits exemption

(1) The CMA must close a conduct investigation under section 28 where representations made by the undertaking to which the investigation relates lead the CMA…

Notice of findings

(1) The CMA must give a notice to the undertaking to which a conduct investigation relates setting out its findings as a result of the conduct investigation…

Enforcement orders

(1) Where the CMA finds, as a result of a conduct investigation, that an undertaking has breached a conduct requirement, it may make an order (an “enforcement…

Interim enforcement orders

(1) The CMA may make an enforcement order on an interim basis (an “interim enforcement order”) in relation to a suspected breach of a conduct requirement…

Duration of enforcement orders

(1) An enforcement order (including a revised version of an order) comes into force at such time as the CMA may specify in the order. (2) An interim…

Revocation of enforcement orders

(1) The CMA may revoke an enforcement order by giving a notice to that effect to the undertaking to which the order applies. (2) The notice must include the…

Duty to keep enforcement orders under review

The CMA must keep under review— (a) the extent to which an undertaking to which it has given an enforcement order is complying with that order, (b) the…

Commitments

relating to conduct requirements — s. 36 — Commitments (1) The CMA may accept an appropriate commitment from an undertaking subject to a conduct investigation…

Duty to keep commitments under review

The CMA must keep under review— (a) the appropriateness of a commitment or releasing an undertaking from a commitment, (b) the extent to which an undertaking…

Power to adopt final offer mechanism

(1) Where the CMA considers that the following three conditions are met in relation to a transaction between a designated undertaking and a third party, the…

Collective submissions

(1) Where the CMA considers that— (a) the conditions in section 38(2), (3) and (4) are met in relation to a single transaction between the designated…

Final offer mechanism

— s. 40 — Final offer mechanism (1) The power conferred by section 38(1) is to be exercised by giving a notice (a “final offer initiation notice”) to the…

Final offers: outcome

(1) This section applies where— (a) the CMA has exercised its power under section 38(1), and (b) either— (i) the CMA has received final offer payment terms…

Final offer orders: supplementary

(1) A final offer order must impose on the designated undertaking such obligations as the CMA considers appropriate for the purpose of— (a) securing compliance…

Decision not to make final offer order

(1) The CMA may decide not to make a final offer order in relation to the transaction where it has reasonable grounds to believe that there has been a material…

Duration and revocation of final offer orders

(1) A final offer order comes into force at such time as the CMA may specify in the order. (2) A final offer order ceases to have effect— (a) when revoked…

Duty to keep final offer orders under review

The CMA must keep under review— (a) the extent to which an undertaking to which it has given a final offer order is complying with that order, (b) the…

Power to make pro-competition interventions

(1) The CMA may make a pro-competition intervention (a “PCI”) in relation to a designated undertaking where, following a PCI investigation (see section 47)…

Power to begin a PCI investigation etc

(1) The CMA may begin an investigation (a “PCI investigation”) in relation to a designated undertaking where it has reasonable grounds to consider that a…

Procedure relating to PCI investigations

(1) Where the CMA begins a PCI investigation it must give the designated undertaking to which the investigation relates a notice (a “PCI investigation…

Consultation on proposed PCI decision

(1) Before making a final decision (a “PCI decision”) on whether to make a PCI as a result of a PCI investigation, the CMA must— (a) carry out a public…

PCI decision

(1) The CMA must give the designated undertaking to which a PCI investigation relates a notice of the PCI decision resulting from the investigation on or…

Pro-competition orders

(1) A pro-competition order may include any provision that may be included in an enforcement order under section 161 of EA 2002 (final orders following market…

Replacement of pro-competition orders

(1) The CMA may, by making a further pro-competition order, replace a pro-competition order where it considers that it is appropriate to do so, having regard…

Duration and revocation etc of pro-competition orders

(1) A pro-competition order comes into force at such time as the CMA may specify in the order. (2) A pro-competition order ceases to have effect— (a) when…

Consultation

(1) The CMA must carry out a public consultation on the terms of any pro-competition order before making it (subject to subsection (4)). (2) The duty to…

Duty to review pro-competition orders etc

(1) The CMA must carry out a review of a pro-competition order, including a replacement order, to determine whether to— (a) revoke it without making a…

Commitments

(1) The CMA may accept an appropriate commitment from a designated undertaking as to its conduct in respect of an adverse effect on competition or a…

Duty to report possible mergers etc

(1) A relevant person (in this Chapter, “P”) must report an event to which subsection (2) or (3) applies (a “reportable event”) to the CMA before the event…

Qualifying status

(1) For the purposes of section 57(2), an event results in P having qualifying status in respect of shares or voting rights in relation to a UK-connected body…

Value of consideration

(1) The references in section 57(2)(b) to the value of all consideration provided by P for shares or voting rights in a UK-connected body corporate is a…

Content of report etc

(1) The CMA must by notice make provision setting out— (a) the information which a report for the purposes of section 57(1) must contain; (b) the form in which…

Application of the duty to report etc

(1) Two or more persons may comply with the duty in section 57(1) by making a joint report to the CMA. (2) For the purposes of this Chapter, where a designated…

Acceptance of report

(1) Where the CMA receives a report under section 57(1), the CMA must, within the period of 5 working days beginning with the first working day after the day…

Delay to possible mergers etc

(1) A person to whom the duty in section 57(1) applies in relation to a reportable event must not allow the event to take place— (a) without a report in…

Timing of a reportable event

Where a reportable event results from an agreement providing for P to acquire shares or voting rights, or to form a joint venture vehicle together with at…

Authorisation for one person to act for another

(1) P may authorise another person to make a report under section 57(1) and receive the notice under section 62(1) which relates to the report on P’s behalf by…

Applications for review of decisions relating to mergers

Section 120 of EA 2002 (review of decisions under Part 3 of EA 2002: mergers) applies in relation to a decision made by the CMA in connection with its…

Regulations about duty to report

(1) The Secretary of State may by regulations make provision about the duty to report a reportable event. (2) The Secretary of State must consult the CMA…

Duty to keep compliance under review

The CMA must keep under review— (a) the extent to which persons comply with provisions made by, under or by virtue of this Chapter, and (b) the appropriateness…

Power to require information

(1) For the purpose of exercising, or deciding whether to exercise, any of its digital markets functions, the CMA may require a person (“P”) to give specified…

Requirement to name a senior manager

(1) Where the CMA gives an information notice to a designated undertaking or an undertaking that is the subject of a breach investigation, the CMA may include…

Power of access

(1) The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach…

Power to interview

(1) If the CMA considers that an individual (“X”) has information relevant to a digital markets investigation, the CMA may give a notice to X requiring X to…

Use of interview statements in prosecution

(1) A statement by X in response to a requirement imposed by virtue of section 72 (a “section 72 statement”) may only be used in evidence against X— (a) on a…

Power to enter business premises without a warrant

(1) For the purposes of a breach investigation, the CMA may authorise an officer of the CMA (“an investigating officer”) to enter any business premises (see…

Power to enter premises under a warrant

(1) On an application made to it by the CMA for the purposes of a breach investigation, the court or the Tribunal may issue a warrant if it is satisfied that—…

Power to enter premises under a warrant: supplementary

(1) A warrant under section 75 must describe— (a) the subject matter and purpose of the breach investigation, and (b) the offence created by section 95. (2)…

Amendments to the Criminal Justice and Police Act 2001

(1) The Criminal Justice and Police Act 2001 is amended as follows. (2) In section 50 (additional powers of seizure from premises), at the end insert— (7)…

Application for a warrant

(1) An application for a warrant under section 75 must be made— (a) in the case of an application to the court, in accordance with rules of court; (b) in the…

Reports by skilled persons

(1) The CMA may exercise the powers in this section in relation to a designated undertaking, an undertaking that is the subject of a breach investigation or an…

Duty to preserve information

(1) A person to whom any of subsections (2), (3), (4) and (5) applies must not, without reasonable excuse— (a) destroy, otherwise dispose of, falsify or…

Privileged communications

(1) A person may not be required under any provision of this Chapter to produce, generate or give to the CMA or an officer of the CMA a privileged…

Power of CMA to publish notice of investigative assistance

(1) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this…

Nominated officer

(1) An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for…

Compliance reports

etc — s. 84 — Compliance reports (1) An undertaking that is subject to a digital markets requirement (as defined in section 83(3)) must provide the CMA with a…

Penalties for failure to comply with competition requirements

(1) Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a…

Amount of penalties under section 85

(1) The amount of a penalty imposed on a person under section 85 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts…

Penalties for failure to comply with investigative requirements

(1) The CMA may impose a penalty on a person where it considers that the person has, without reasonable excuse— (a) failed to comply with a requirement imposed…

Amount of penalties under section 87

(1) The amount of a penalty imposed on a person under section 87 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts…

Procedure and appeals etc

(1) Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), 114 (appeals), and 115 (recovery of penalties) of EA…

Calculation of daily rates and turnover

(1) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of the provisional…

Statement of policy on penalties

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under sections 85 and 87. (2) The…

Monetary penalties: criminal proceedings and convictions

(1) The CMA may not impose a penalty on a person under section 87 in relation to an act or omission which constitutes an offence under section 93, 94 or 95 if…

Destroying or falsifying information

(1) A person (“P”) commits an offence if, having been required to give information to the CMA or any other person under a provision of Chapter 6, P— (a)…

False or misleading information

(1) A person (“P”) commits an offence if— (a) P gives information to the CMA in connection with any of the CMA’s digital markets functions, (b) the information…

Obstructing an officer

(1) A person (“P”) commits an offence if P intentionally obstructs an officer of the CMA acting in the exercise of the officer’s powers under— (a) section 74…

Offences by officers of a body corporate etc

(1) If an offence under section 93, 94 or 95 committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer…

Offences: limits on extra-territorial jurisdiction

A person does not commit an offence under section 93, 94 or 95 (including as those sections are applied by section 96) by virtue of an act done when the person…

Sentences

A person guilty of an offence under section 93, 94 or 95 is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in…

Director disqualification

(1) In the Company Directors Disqualification Act 1986, in section 9A (competition disqualification order), in subsection (4)— (a) in the words before…

Enforcement of requirements

(1) If a person fails, without reasonable excuse, to comply with a requirement mentioned in subsection (2) (a “subsection (2) requirement”), the CMA may apply…

Rights to enforce requirements of this Part

(1) A relevant requirement is to be treated as a duty owed by the person that is subject to the requirement to any other person (“P”) who may be affected by a…

Treatment of CMA breach decisions etc

(1) The appropriate court (see section 101) and the Tribunal are bound by a CMA breach decision once it has become final. (2) A CMA breach decision becomes…

Applications for review etc

(1) A person with a sufficient interest in any decision to which subsection (2) applies may apply to the Tribunal in accordance with Tribunal rules for a…

Extension etc of periods

(1) The CMA may publish a notice extending a relevant investigation period or a final offer period by a period of up to 3 months where it considers that there…

Extensions: supplementary

(1) A period may be extended under both section 104(1) and (3). (2) No more than one extension is possible under section 104(1). (3) Where a relevant…

Exercise and delegation of functions

(1) The CMA may make a reference to the CMA chair for the constitution of a group under Schedule 4 to ERRA 2013 in respect of any non-reserved digital markets…

Coordination with relevant regulators

(1) The CMA must consult the FCA on a proposal to exercise a regulatory digital markets function in respect of a matter where the CMA considers the matter is a…

Recommendations to the CMA

(1) The FCA or OFCOM may make a recommendation to the CMA where they consider that the CMA should exercise a regulatory digital markets function in relation to…

Information sharing

(1) In Schedule 14 to EA 2002 (provisions about disclosure of information) at the appropriate place insert— Part 1 of the Digital Markets, Competition and…

Power to charge levy

(1) The CMA may require an undertaking to pay it a levy in respect of a chargeable year during the whole or part of which the undertaking is a designated…

Extra-territorial application

(1) Unless otherwise stated, this Part applies in relation to persons outside the United Kingdom. (2) A power to give a notice to a person outside the United…

Defamation

For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in the exercise of any of its functions under this…

Consultation and publication of documents

(1) The CMA must comply with any duty to consult under this Part in such manner as it considers practicable, having regard in particular to— (a) any need to…

Guidance

(1) The CMA must publish guidance on how it will exercise its functions under this Part. (2) The CMA may revise or replace guidance published under this…

Protected disclosures

In the Public Interest Disclosure (Prescribed Persons) Order 2014 (S.I. 2014/2418), in the table in the Schedule, in the entry for the Competition and Markets…

Restriction on disclosure orders

(1) This section applies for the purposes of— (a) digital markets proceedings, or (b) competition proceedings. (2) A court or the Tribunal must not make a…

Groups

(1) This section makes provision about groups for the purposes of this Part. (2) An undertaking is part of a group if one or more bodies corporate which are…

General interpretation

(1) In this Part— “breach investigation” means an investigation (including a conduct investigation) into whether an undertaking is breaching or has breached a…

Removal of requirement for agreements etc to be implemented in the UK

(1) In Chapter 1 of Part 1 of CA 1998 (agreements), section 2 (agreements etc preventing, restricting or distorting competition) is amended as follows. (2) For…

Repeal of exclusions relating to the European Coal and Steel Community

(1) Part 1 of CA 1998 (competition) is amended as follows. (2) In Schedule 3 (planning obligations and general exclusions) omit paragraph 8 (coal and steel)…

Duty to preserve documents relevant to investigations

(1) Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows. (2) After section 25A insert— Duty to preserve documents…

Production of information authorised by warrant

(1) Section 28 of CA 1998 (power to enter business premises under a warrant) is amended as follows. (2) In subsection (1)— (a) in paragraph (a), in the words…

Additional powers of seizure from domestic premises

(1) Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is amended as follows. (2) In section 50 (additional powers of seizure from…

Standard of review on appeals against interim measures directions

(1) In section 46 of CA 1998 (appealable decisions), in subsection (3)— (a) after paragraph (h) insert— (ha) to make directions under section 35, (hb) not to…

Declaratory relief

Schedule 3 makes provision allowing the Competition Appeal Tribunal to grant declaratory relief.

Exemplary damages

(1) In section 47C of CA 1998 (collective proceedings: damages and costs), before subsection (2) insert— (1) The Tribunal may not award exemplary damages in…

Relevant merger situations and special merger situations

Schedule 4 makes provision amending the thresholds in Part 3 of EA 2002 (mergers) for the creation of relevant merger situations and special merger situations.

Fast-track references under sections 22 and 33 of EA 2002

Schedule 5 makes provision amending Part 3 of EA 2002 (mergers) to include provision about the making of fast-track references under section 22 or 33 of that…

Mergers of energy network enterprises

Schedule 6 makes provision amending Part 3 of EA 2002 (mergers) and Schedule 16 to the Energy Act 2023 (mergers of energy network enterprises) in relation to…

Mergers involving newspaper enterprises and foreign powers

(1) Schedule 7 makes provision for the purposes of preventing foreign powers from gaining control or influence over newspaper enterprises. (2) The amendments…

Mutual agreements to extend time-limits: duty to make reference cases

(1) Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows. (2) In section 39 (time-limits for investigations and reports)—…

Mutual agreements to extend time-limits: public interest cases

(1) Chapter 2 of Part 3 of EA 2002 (mergers: public interest cases) is amended as follows. (2) In section 51 (time-limits for investigations and reports by…

Publication of merger notices online

In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary), in section 96(5) (merger notices), for “in the London, Edinburgh and Belfast Gazettes” substitute…

Market studies: removal of time-limit on pre-reference consultation

(1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows. (2) In section 131B (market studies and the…

Power to make a reference after previously deciding not to do so

(1) Section 131B of EA 2002 (market studies and the making of decisions to refer: time limits) is amended as follows. (2) In the heading, after “time-limits”…

Scope of market investigations

(1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows. (2) In section 133 (contents of market…

Acceptance of undertakings at any stage of a market study or investigation

Schedule 8 makes provision allowing the CMA to accept undertakings under Part 4 of EA 2002 (market studies and market investigations) at any stage during a…

Final undertakings and orders: power to conduct trials

(1) Schedule 9 makes provision amending Part 4 of EA 2002 allowing the CMA or the Secretary of State to conduct trials to assess the likely effectiveness of…

Duty of CMA to monitor undertakings and orders

(1) Chapter 3 of Part 4 of EA 2002 (market studies and market investigations: enforcement) is amended as follows. (2) In section 161 (final orders: Part 4), in…

Taking action in relation to regulated markets

(1) In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary), section 168 (regulated markets) is amended as follows. (2) In…

Production of information authorised by warrant

(1) Section 194 of EA 2002 (power to enter premises under a warrant) is amended as follows. (2) In subsection (1), in paragraph (a), after “there are on”…

Attendance of witnesses etc

(1) Section 26A of CA 1998 (investigations: power to ask questions) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a) omit…

Civil penalties etc in connection with competition matters

(1) Schedule 10 makes provision for, and in connection with, the imposition of civil penalties in relation to investigations under— (a) Part 1 of CA 1998…

Service and extra-territoriality of notices under CA 1998 and EA 2002

Schedule 13 makes provision about— (a) the service of documents under Chapter 3 of Part 1 of CA 1998 (investigation and enforcement) and Parts 3 (mergers) and…

Orders and regulations under CA 1998 and EA 2002

Schedule 14 makes provision about the making of orders and regulations under— (a) CA 1998, and (b) Parts 3 (mergers) and 4 (market studies and market…

Meaning of “working day” in Parts 3 and 4 of EA 2002

(1) Part 3 of EA 2002 (mergers) is amended as follows. (2) In Chapter 1 (duty to make references)— (a) in section 25 (extension of time limits)— (i) in…

Overview

— s. 147 — Overview (1) This Part confers enforcement powers, and makes provision about other remedies, in connection with infringements of consumer protection…

Relevant infringements

— s. 148 — Relevant infringements (1) A commercial practice is a relevant infringement for the purposes of Chapter 3 or 4 if it— (a) harms the collective…

The UK connection condition

(1) A commercial practice meets the UK connection condition for the purposes of section 148 if at least one of the following conditions is met— (a) the trader…

The specified prohibition condition

(1) A commercial practice meets the specified prohibition condition for the purposes of section 148 as it applies for the purposes of Chapter 3 if the…

Enforcers

for purposes of Chapter — s. 151 — Enforcers (1) Each of the following is a public designated enforcer for the purposes of this Chapter— (a) the CMA; (b) every…

Designation criteria

(1) These are the designation criteria in respect of a person (“P”) for the purposes of section 151(5)(b)— (a) P is constituted, managed and controlled in such…

Applications

for enforcement orders and interim enforcement orders — s. 153 — Applications (1) An enforcer may (subject to subsection (2)) apply to the appropriate court…

CMA directions to other enforcers

(1) This section applies where it appears to the CMA that another enforcer intends to make an application for an enforcement order or an interim enforcement…

Consultation

(1) Before making an application for an enforcement order or an interim enforcement order, an enforcer must (subject to subsection (5)) engage in appropriate…

Enforcement orders and undertakings

(1) This section applies if, on an application under section 153 for an enforcement order, the court finds that the person in respect of whom the application…

Enforcement orders and undertakings: enhanced consumer measures

(1) An enforcement order or undertaking may include a requirement to take such enhanced consumer measures as the court considers just and reasonable. (2) For…

Enforcement orders: requirement to pay monetary penalty

(1) This section applies where the court makes an enforcement order against the respondent on an application made by a public designated enforcer. (2) The…

Interim enforcement orders and undertakings

(1) This section applies if— (a) it is alleged in an application under section 153 for an interim enforcement order that a person (“the respondent”)— (i) has…

Applications

(1) A public designated enforcer may apply to the appropriate court for an online interface order, or an interim online interface order, if the enforcer…

Online interface orders

and interim online interface orders — s. 161 — Online interface orders (1) The court may make an online interface order on an application under section 160 if…

Interim online interface orders

(1) The court may make an interim online interface order against a person (“the respondent”) on an application under section 160 if— (a) it is alleged that…

Acceptance of undertakings by enforcers

(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a…

Undertakings under section 163: enhanced consumer measures

(1) An undertaking under section 163(2) may include a requirement to take such enhanced consumer measures as the enforcer accepting the undertaking considers…

Undertakings under section 163: procedural requirements

(1) This section applies where an enforcer proposes to— (a) accept a material variation of an undertaking under section 163, or (b) release the respondent from…

Consumer protection orders or undertakings to court: further proceedings

(1) This section applies if the court— (a) makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the…

Undertakings to public designated enforcers: further proceedings

(1) This section applies where a public designated enforcer accepts an undertaking from a person (“the respondent”) under section 163. (2) The enforcer may…

Monetary penalties under sections 166 and 167: amount

(1) This section applies in relation to a monetary penalty imposed on a person (“the respondent”) by an order made under section 166 or 167. (2) The amount of…

Notification requirements: applications

(1) This section applies to an enforcer that is not the CMA. (2) Before making an application for a consumer protection order the enforcer— (a) must by notice…

Notification requirements: undertakings

(1) This section applies to an enforcer that is not the CMA which accepts an undertaking under section 163. (2) The enforcer must by notice inform the CMA of—…

Notification requirements: proceedings

(1) This section applies where a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment…

Notification requirements: convictions and judgments

(1) This section applies where— (a) a person is convicted of an offence by or before a court in the United Kingdom, or (b) a judgment is given against a person…

Appropriate court

(1) This section applies for the purposes of determining the appropriate court in relation to an application for, or the making of, a consumer protection order…

Effect of orders in other parts of the United Kingdom

A consumer protection order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the Table has…

Evidence

(1) Proceedings under this Chapter are civil proceedings for the purposes of— (a) section 11 of the Civil Evidence Act 1968 (convictions admissible as evidence…

Interconnected bodies corporate

(1) This section applies if— (a) a court makes a consumer protection order against a body corporate (“the respondent”), and (b) the interconnection condition…

Enhanced consumer measures: private designated enforcers

(1) This section applies where— (a) an enforcement order is made on the application of a private designated enforcer, (b) an undertaking is given under section…

Substantiation of claims

(1) This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a…

Crown application

(1) Subject to subsection (2), this Chapter binds the Crown. (2) The Crown is not liable for any monetary penalty imposed by virtue of this Chapter.

Power of CMA to investigate suspected infringements

(1) This section applies where the CMA has reasonable grounds for suspecting that— (a) a person has engaged, is engaging or is likely to engage in a commercial…

Provisional infringement notice

(1) This section applies where— (a) the CMA has started an investigation under section 180 that is continuing, and (b) the condition in subsection (2) is met…

Final infringement notice

(1) This section applies where— (a) the CMA has given to the respondent a provisional infringement notice under section 181, (b) the time for the respondent to…

Final infringement notice: directions to take enhanced consumer measures

(1) Directions contained in a final infringement notice may include directions requiring the respondent to take such enhanced consumer measures as the CMA…

Online interface notices

— s. 184 — Online interface notices (1) This section applies where the CMA is satisfied that a person has engaged, is engaging or is likely to engage in a…

Undertakings

— s. 185 — Undertakings (1) This section applies where the CMA— (a) has started an investigation under section 180 which is continuing, and (b) has not given a…

Effect of undertakings under section 185

(1) This section applies where the CMA accepts an undertaking from a person under section 185 in connection with a matter that it was investigating under…

Undertakings under section 185: procedural requirements

(1) This section applies where the CMA proposes to— (a) accept a material variation of an undertaking under section 185, or (b) release a person from any such…

Provisional breach of undertakings enforcement notice

(1) This section applies where— (a) the CMA has accepted an undertaking from a person (“the respondent”) under section 185, and (b) the CMA has reasonable…

Final breach of undertakings enforcement notice

(1) This section applies where— (a) the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 188, (b) the time…

Monetary penalties under section 189: amount

(1) This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of undertakings enforcement…

Provisional breach of directions enforcement notice

(1) This section applies where— (a) an enforcement direction has been given to a person (“the respondent”), and (b) the CMA has reasonable grounds to believe…

Final breach of directions enforcement notice

(1) This section applies where— (a) the CMA has given to the respondent a provisional breach of directions enforcement notice under section 191 in respect of a…

Monetary penalties under section 192: amount

(1) This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of directions enforcement…

Powers of court to enforce directions

(1) This section applies where the CMA considers that a person (“the respondent”) has failed to comply with— (a) an enforcement direction, or (b) a direction…

Substantiation of claims

(1) This section applies where— (a) the CMA gives a provisional notice under this Chapter to a person (“the respondent”) in respect of a relevant infringement…

Variation or revocation of directions

(1) This section applies where the CMA proposes to— (a) make a material variation of an enforcement direction given to a person (“the respondent”), or (b)…

Provisional false information enforcement notice

(1) This section applies if— (a) the CMA has reasonable grounds to believe that a person (“the respondent”) has, without reasonable excuse, provided…

Final false information enforcement notice

(1) This section applies where— (a) the CMA has given to the respondent a provisional false information enforcement notice under section 197 in connection with…

Statement of policy in relation to monetary penalties

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a monetary penalty under this Chapter. (2) The…

Interconnected bodies corporate

(1) This section applies where— (a) the CMA gives to a body corporate (“the respondent”) a final notice, and (b) the interconnection condition applies in…

Record-keeping and reporting requirements

(1) The CMA must keep a record of— (a) undertakings it has accepted and enforcement directions it has given, and (b) reviews it has carried out in relation to…

Appeals

(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against— (a) a decision to impose a monetary penalty by virtue of…

Information to accompany orders or notices imposing monetary penalties

(1) An order or notice under Chapter 3 or 4 under which a person (“the respondent”) is required to pay a monetary penalty must state the following information…

Determination of turnover

(1) In this Part references to “turnover” of a person include— (a) turnover both in and outside the United Kingdom; (b) where the person controls another…

Power to amend amounts

(1) The Secretary of State may by regulations amend any of the following provisions for the purpose of substituting a different monetary amount for an amount…

Recovery of monetary penalties

(1) This section applies where a monetary penalty imposed under Chapter 4, or any part of such a penalty, has not been paid by the date on which it is required…

Monetary penalties: further provision

(1) If the whole or any portion of a monetary penalty imposed is not paid by the date by which it is required to be paid, the unpaid balance from time to time…

Investigatory powers of enforcers

(1) Schedule 17 contains amendments to Schedule 5 to CRA 2015 (investigatory powers), including amendments about— (a) the giving of monetary penalties in…

Powers to amend Schedule 15 and Schedule 16

(1) The Secretary of State may by regulations amend— (a) the first column of the Table in Part 1 of Schedule 15 so as to add, remove or vary an entry for an…

Rules

(1) The CMA may make rules about procedural and other matters in connection with the carrying out of its direct enforcement functions. (2) Rules may provide…

Procedural requirements for making of rules

(1) In preparing rules the CMA must consult such persons as the CMA considers appropriate. (2) The CMA may not bring a rule into operation until the rule has…

Guidance

(1) The CMA must prepare and publish guidance about its general approach to the carrying out of its direct enforcement functions. (2) Guidance under subsection…

Defamation

For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in exercise of its functions under this Part.

Minor and consequential amendments relating to this Part

Schedule 18 contains minor and consequential amendments relating to this Part.

Transitional and saving provision relating to this Part

Schedule 19 contains transitional and saving provision relating to this Part.

Enforcement of requirements relating to secondary ticketing

(1) CRA 2015 is amended as set out in subsections (2) to (4). (2) In section 93 (enforcement of secondary ticketing provisions in Chapter 5 of Part 3)— (a)…

Supply of goods or digital content

(1) This section provides for how references to the supply of goods or digital content are to be read for the purposes of this Part. (2) References to a person…

Supply of services

(1) This section provides for how references to the supply of services are to be read for the purposes of this Part. (2) References to a person who supplies…

Accessories

(1) This section applies for the purposes of this Part. (2) A person (“A”) is an accessory to a commercial practice of another person (“B”) if— (a) B is a body…

Special relationships

(1) This section applies for the purposes of this Part. (2) A person has a special relationship with a body corporate if the person is— (a) a controller of the…

Enhanced consumer measures

(1) References in this Part to “enhanced consumer measures” are references to— (a) redress measures (see subsection (2)), (b) compliance measures (see…

Other interpretative provisions

In this Part— “business” includes— a trade, craft or profession, any other undertaking carried on for gain or reward, and the activities of any government…

Index of defined expressions

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in…

Overview

(1) This Chapter confers protections on consumers from unfair commercial practices. (2) Section 225 sets out what are unfair commercial practices and prohibits…

Prohibition of unfair commercial practices

— s. 225 — Prohibition of unfair commercial practices (1) Unfair commercial practices are prohibited. (2) The promotion of unfair commercial practices in, or…

Misleading actions

(1) For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves— (a) the provision of false or misleading…

Misleading omissions

(1) For the purposes of this Chapter, a commercial practice involves a misleading omission if, considering the matters mentioned in subsection (3), the…

Aggressive practices

(1) For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence. (2) In…

Contravention of the requirements of professional diligence

For the purposes of this Chapter, a commercial practice involves a contravention of the requirements of professional diligence if the practice falls short of…

Omission of material information from invitation to purchase

(1) For the purposes of this Chapter, a commercial practice which is an invitation to purchase omits material information if, considering the matters mentioned…

Public enforcement

— s. 231 — Public enforcement (1) It is the duty of every local weights and measures authority in Great Britain to enforce in its area the prohibitions in…

Rights of redress Prospective

(1) A consumer has rights of redress under this Chapter if each of the following four conditions is met. (2) The first condition is that— (a) the consumer…

Rights of redress: further provision

(1) The Secretary of State may by regulations provide for any of the following descriptions of rights to be exercisable by a consumer who has rights of redress…

Enforcement of rights of redress Prospective

(1) A consumer with a right to unwind, a right to a discount or a right to damages by virtue of regulations under section 233 may bring a claim in civil…

Relationship between rights of redress and other claims relating to prohibited practices Prospective

(1) Nothing in this Chapter affects the ability of a consumer to make a claim under a rule of law or equity, or under an enactment, in respect of conduct…

Inertia selling

— s. 236 — Inertia selling (1) This section applies where a trader engages in the unfair commercial practice described at paragraph 31 of Schedule 20. (2) The…

Offences

relating to unfair commercial practices — s. 237 — Offences (1) A trader commits an offence if, in breach of section 225(1), the trader engages in an unfair…

Defence of due diligence and innocent publication

(1) It is a defence for a person (“the defendant”) charged with an offence under subsection (1), (2), (3), (6) or (7) of section 237 to prove— (a) that the…

Offences: criminal liability of others

(1) Subsections (2) and (3) apply where a trader— (a) commits an offence under subsection (1), (2), (3), (6) or (7) of section 237, or (b) would have committed…

Penalty for offences

A person guilty of an offence under section 237 is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or…

Time limit for prosecution

(1) No proceedings for an offence under section 237 may be commenced after the earlier of— (a) the end of the period of 3 years beginning with the date of the…

Powers to amend this Chapter

(1) The Secretary of State may by regulations amend Schedule 20 (commercial practices which are in all circumstances considered unfair) so as to— (a) add a…

Crown application

(1) Subject to subsection (2), this Chapter binds the Crown. (2) The Crown is not criminally liable as a result of anything in this Chapter. (3) Subsection (2)…

Validity of agreements

Except as resulting from a consumer’s rights of redress under this Chapter, a contract or any other agreement is not void or unenforceable by reason only of a…

Meaning of “transactional decision”

In this Chapter, “transactional decision” means any decision made by a consumer relating to— (a) the purchase or supply of a product (including whether, how or…

Meaning of “average consumer”: general

(1) This section provides for how references to the average consumer are to be read for the purposes of this Chapter. (2) The average consumer is— (a)…

Meaning of “average consumer”: vulnerable persons

(1) Subsection (2) applies where a group of consumers is particularly vulnerable to a commercial practice in a way that the trader could reasonably be expected…

Meaning of “product”

(1) In this Chapter, “product” means— (a) goods; (b) a service; (c) digital content. (2) For the purposes of this Chapter, a trader agreeing to the full or…

General interpretation

In this Chapter— “business” includes— a trade, craft or profession, any other undertaking carried on for gain or reward, and the activities of any government…

Index of defined terms

In this Chapter, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed…

Consequential amendments relating to this Chapter

(1) The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) are revoked. (2) Schedule 21 contains further consequential amendments…

Transitional and saving provision relating to this Chapter

(1) This Chapter applies only in relation to an act or omission which takes place on or after the commencement date. (2) The CPUTR 2008 continue to have effect…

Overview Prospective

(1) This Chapter— (a) imposes duties on traders in relation to subscription contracts, (b) provides rights for consumers if those duties are breached, and (c)…

Meaning of “subscription contract” Prospective

(1) For the purposes of this Chapter, a subscription contract is a contract between a trader and a consumer— (a) for the supply of goods, services or digital…

Excluded contracts

(1) A contract is an excluded contract for the purposes of this Chapter if, and to the extent that, it is of a description set out in Schedule 22. (2) The…

Pre-contract information

(1) Before a trader enters into a subscription contract with a consumer, the trader must— (a) give to the consumer the information set out in Part 1 of…

Pre-contract information: additional requirements Prospective

(1) Subsections (2) and (3) apply in relation to a subscription contract entered into online. (2) The trader must ensure that the final step which the consumer…

Reminder notices

(1) Where a trader enters into a subscription contract with a consumer that does not include a concessionary period, the trader must give to the consumer a…

Content and timing etc of reminder notices Prospective

(1) A reminder notice must contain— (a) the information set out in Part 3 of Schedule 23, and (b) any other information required by regulations under section…

Arrangements for consumers to exercise right to end contract Prospective

(1) A trader must make arrangements to enable a consumer to exercise a right to bring a subscription contract to an end— (a) in a way which is straightforward…

Duties of trader on cancellation or end of subscription contract Prospective

(1) This section applies where a consumer— (a) has exercised a right under this Chapter to cancel a subscription contract, or (b) has exercised a right to…

Terms implied into contracts Prospective

A trader’s compliance with the following duties is an implied term in every subscription contract— (a) the duty set out in section 256(1)(a) (key pre-contract…

Right to cancel for breach of implied term Prospective

(1) This section applies where a trader is in breach of the term implied into a subscription contract by section 262(a), (c), (d) or (e). (2) The consumer has…

Right to cancel during cooling-off periods Prospective

(1) A consumer has the right to cancel a subscription contract during— (a) the initial cooling-off period, and (b) any renewal cooling-off period. (2) The…

Meaning of “initial cooling-off period” and “renewal cooling-off period” Prospective

(1) In this Chapter, the “initial cooling-off period”, in relation to a subscription contract, means the period— (a) beginning with the day the contract is…

Cooling-off notice Prospective

(1) In relation to each renewal cooling-off period, a trader must give the consumer a notice (referred to in this Chapter as a “cooling-off notice”). (2) A…

Cancellation of subscription contract: further provision

(1) The Secretary of State may by regulations make provision— (a) about the exercise of the rights of a consumer to cancel a subscription contract under this…

Offence of failing to provide information about initial cooling-off rights Prospective

(1) A trader commits an offence if the trader— (a) enters into an off-premises subscription contract, and (b) fails to— (i) give the consumer the information…

Defence of due diligence Prospective

(1) It is a defence for a person (“the defendant”) charged with an offence under section 268(1) to prove— (a) that the commission of the offence was due to—…

Offences by officers of a body corporate etc Prospective

(1) If an offence under section 268(1) committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer of the…

Penalty for offence and enforcement Prospective

(1) A person who is guilty of an offence under section 268(1) is liable— (a) on summary conviction in England Wales, to a fine; (b) on summary conviction in…

Information and notices: timing and burden of proof Prospective

(1) This section applies for the purposes of this Chapter. (2) Where a trader gives any information or notice under this Chapter by email, by a message sent…

Terms of a subscription contract which are of no effect Prospective

(1) Any term of a subscription contract that is in contravention of this Chapter is, to that extent, of no effect (including any term that seeks to exclude or…

Other remedies for breach by trader Prospective

(1) Nothing in this Chapter is to be taken as limiting the taking of any other remedies available to a consumer for breach of any term (whether express…

Application of this Chapter Prospective

(1) Subsection (2) applies if— (a) the law of a country or territory other than the United Kingdom or any part of the United Kingdom is chosen by the parties…

Crown application Prospective

(1) Subject to subsection (2), this Chapter binds the Crown. (2) The Crown is not criminally liable as a result of anything in this Chapter. (3) Subsection (2)…

Power to make further provision in connection with this Chapter

(1) The Secretary of State may by regulations make provision— (a) about how and when information or a notice that a trader is required to give to a consumer…

Consequential amendments to the Consumer Rights Act 2015 Prospective

(1) CRA 2015 is amended as follows. (2) In section 11 (goods to be as described)— (a) in subsection (4), after “(SI 2013/3134)” insert “, or in paragraph 14 of…

Other consequential amendments Prospective

(1) In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert— Digital Markets, Competition and Consumers Act 2024…

Interpretation Prospective

(1) In this Chapter— “business” includes— a trade, craft or profession, any other undertaking carried on for gain or reward, and the activities of any…

Index of defined expressions Prospective

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in…

Meaning of “consumer savings scheme contract”

(1) For the purposes of this Chapter, a consumer savings scheme contract is a contract— (a) under which— (i) a consumer makes payments to a trader, (ii) the…

Other defined terms

(1) In this Chapter, references to a trader operating a consumer savings scheme are references to a trader entering into a consumer savings scheme contract…

Excluded arrangements

(1) An arrangement is an excluded arrangement for the purposes of this Chapter if it is of a description set out in Schedule 24. (2) The Secretary of State may…

Insolvency protection requirement

(1) A trader operating a consumer savings scheme must make and maintain the arrangements set out in section 286 (insurance arrangements) or in section 287…

Insurance arrangements

(1) Where a trader relies on arrangements under this section for the purpose of satisfying section 285, the trader must maintain insurance under one or more…

Trust arrangements

(1) Where a trader relies on arrangements under this section for the purpose of satisfying section 285, the trader must ensure that all payments made by a…

Information requirements

(1) A trader must, before the end of 30 working days beginning with the day on which a consumer makes the first payment to the trader under a consumer savings…

Consequential amendments

(1) In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert—…

Interpretation

In this Chapter— “business” includes— a trade, craft or profession, and any other undertaking carried on for gain or reward, but does not include the…

Meaning of “ADR” and related terms

(1) This section has effect for the purposes of this Chapter. (2) “ADR” means any method of securing or facilitating an out-of-court resolution of a consumer…

Other definitions

(1) This section has effect for the purposes of this Chapter. (2) “Consumer contract” means (subject to the following provisions of this section) a contract…

Prohibitions relating to acting as ADR provider

(1) A person must not carry out ADR in relation to a consumer contract dispute unless the person— (a) is an exempt ADR provider whose exemption covers the ADR…

Prohibitions relating to charging fees to consumers

(1) An accredited ADR provider must not charge the consumer a fee in respect of ADR being carried out (or to be carried out) in relation to a consumer…

Exempt ADR providers

— s. 295 — Exempt ADR providers (1) In this Chapter— “exempt ADR provider” means a person who— is listed (or of a description of persons listed) in Part 1 of…

Applications for accreditation or variation of accreditation

(1) A person who wishes to be an accredited ADR provider must— (a) apply to the Secretary of State for accreditation to enable the person to carry out ADR or…

Determination of applications for accreditation or variation of accreditation

(1) This section applies where an application for accreditation, or for the variation of an accreditation, has been made to the Secretary of State (and has not…

Revocation or suspension of accreditations etc

(1) This section confers powers on the Secretary of State in relation to the accreditation of an accredited ADR provider. (2) The Secretary of State may, by…

Fees payable by accredited ADR providers

(1) Accredited ADR providers must pay to the Secretary of State, at such times as may be prescribed, the appropriate prescribed fee (if any). (2) In subsection…

ADR fees regulations

(1) The Secretary of State may by regulations make provision about the following descriptions of fees, namely— (a) fees to be paid by applicants for…

Accreditation criteria

(1) For the purposes of this Chapter the accreditation criteria are the criteria set out in Schedule 26. (2) The Secretary of State may by regulations amend…

Enforcement notices

(1) The Secretary of State may give an enforcement notice to an ADR provider if satisfied that the provider is contravening, or has contravened, any one or…

ADR information regulations

(1) The Secretary of State may by regulations require persons of a specified description (being persons within subsection (2))— (a) to provide ADR information…

ADR information directions

(1) The Secretary of State may give a direction to any person falling within subsection (2) requiring the person to provide ADR information to the Secretary of…

Disclosure of ADR information by the Secretary of State

(1) This section applies to any ADR information relating to ADR providers which— (a) is provided to the Secretary of State in response to regulations under…

Meaning of “ADR information” and other terms in sections 303 to 305

(1) In sections 303 to 305 “ADR information” means any information about or relating to— (a) an ADR provider, (b) ADR carried out by an ADR provider, (c)…

Power to provide for other persons to have accreditation functions etc

(1) The Secretary of State may by regulations make provision for or in connection with the conferring on another person of any function falling within…

Duty of trader to notify consumer of ADR arrangements etc

(1) This section applies where a trader responds to a complaint from a consumer in respect of any matters relating to a consumer contract between them. (2) In…

Consequential amendments etc relating to this Chapter

Schedule 27 contains consequential amendments, repeals and revocations relating to this Chapter.

Transitional provision relating to this Chapter

(1) The prohibition on carrying out ADR in section 293(1) does not apply to ADR carried out by an ADR provider in relation to a consumer contract dispute where…

Provision of information about competition in connection with motor fuel

(1) The CMA may require an undertaking involved in, or connected with, the distribution, supply or retail of motor fuel (“U”) to give specified information to…

Penalties for failure to comply with notices under section 311

(1) The CMA may impose a penalty on an undertaking where it considers that the undertaking has, without reasonable excuse— (a) failed to comply with an…

Procedure and appeals

(1) Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), section 114 (appeals) and 115 (recovery of penalties)…

Statement of policy on penalties

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under section 312. (2) The statement must…

Offences etc

Destroying or falsifying information (1) A person (“P”) commits an offence if, having been required to give information to the CMA under section 311, P— (a)…

Penalties under section 312 and offences under section 315

(1) The CMA may not impose a penalty on a person under section 312 in relation to an act or omission which constitutes an offence under section 315 if the…

Information sharing

In Schedule 14 to EA 2002 (provisions about disclosure of information) at the appropriate place insert— Chapter 1 of Part 5 of the Digital Markets, Competition…

Expiry of this Chapter

(1) This Chapter, apart from subsection (5) of this section and section 317, expires at the end of the relevant period. (2) The “relevant period” means the…

Provision of investigative assistance to overseas regulators

— s. 319 — Provision of investigative assistance to overseas regulators (1) A relevant regulator (“R”) may assist an overseas regulator (“O”) in accordance…

Requests for investigative assistance

(1) Subsection (2) makes provision about requests from O for the purposes of section 319(1)(a). (2) A request from O to R for R to assist O must— (a) be made…

The appropriateness of providing investigative assistance

(1) This subsection makes provision about how R is to consider whether it would be appropriate to assist O for the purposes of section 319(1)(b). (2) In…

Authorisation of the provision of investigative assistance

(1) This section makes provision about how the Secretary of State authorises R to assist O for the purposes of section 319(1)(c). (2) The Secretary of State…

Notifications in respect of requests for investigative assistance

(1) R must notify the Secretary of State that R has received a request for assistance from O where— (a) R considers that it would be appropriate for R to…

Guidance in connection with investigative assistance

(1) The CMA must prepare and publish guidance about— (a) the making and consideration of requests for assistance under this Chapter, and (b) the provision of…

Amendments to other legislation

Schedule 28 makes amendments to other legislation in connection with the provision made by this Chapter.

Disclosing information overseas

(1) Part 9 of EA 2002 (information) is amended as follows. (2) For section 243 (overseas disclosures) substitute— Overseas disclosures for both overseas and…

Duty of expedition on the CMA and sectoral regulators

(1) In section 25 of ERRA 2013 (the Competition and Markets Authority), after subsection (4) insert— (5) In making any decision, or otherwise taking action…

Offenders assisting investigations and prosecutions: powers of the CMA

(1) In Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (offenders assisting investigations and prosecutions), section 71 (assistance by…

Removal of limit on the tenure of a chair of the Competition Appeal Tribunal

In Schedule 2 to EA 2002 (the Competition Appeal Tribunal), in paragraph 2 (tenure etc) omit sub-paragraph (2).

Interpretation

In this Act— “CA 1998” means the Competition Act 1998; “CRA 2015” means the Consumer Rights Act 2015; “EA 2002” means the Enterprise Act 2002; “ERRA 2013”…

Data protection

(1) This section applies to a duty or power to process information that is imposed or conferred by or under any provision of this Act. (2) A duty or power to…

Notices

(1) This section applies in relation to a notice given to a person— (a) under this Act by the CMA, or (b) under Part 3 by another enforcer (within the meaning…

Consultation

A duty to consult under or by virtue of this Act may be satisfied by consultation that took place wholly or partly before the passing of this Act.

Financial provision

There is to be paid out of money provided by Parliament— (a) any expenses incurred by the Secretary of State or the CMA under or by virtue of this Act, and (b)…

Minor and consequential amendments

Schedule 30 contains minor and consequential amendments.

Power to make further consequential provision

(1) The appropriate authority may by regulations make provision that is consequential on this Act or on any provision made under it. (2) The power to make…

Regulations

(1) A power to make regulations under any provision of this Act includes power to make— (a) consequential, supplementary, incidental, transitional or saving…

Extent

(1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland. (2) Any amendment, repeal or revocation made by this Act…

Commencement

(1) Except as provided by subsections (2) and (3), this Act comes into force on such day as the Secretary of State may by regulations appoint. (2) The…

Short title

This Act may be cited as the Digital Markets, Competition and Consumers Act 2024.

Application of Schedule

This Schedule applies for the purposes of Chapters 3 and 4 in relation to— (a) accepting a commitment, (b) accepting a variation of a commitment (a “requested…

Procedure for accepting a commitment or requested variation

(1) Before accepting a commitment or a requested variation the CMA must— (a) publish a notice under this paragraph, and (b) consider any representations made…

Procedure for accepting a commitment or requested variation

(1) Before accepting a modification of a commitment or requested variation, of which notice has been given under paragraph 2(1), the CMA must— (a) publish a…

Procedure for accepting a commitment or requested variation

The CMA must publish notice of its decision on whether to, and the form in which it will, accept a commitment or a requested variation as soon as reasonably…

Procedure for accepting a commitment or requested variation

The requirements of paragraphs 2 and 3 do not apply in relation to a proposed modification which the CMA does not consider material.

Procedure for releasing an undertaking from a commitment

(1) Before releasing an undertaking from a commitment the CMA must— (a) publish a notice under this paragraph, and (b) consider any representations made in…

Procedure for releasing an undertaking from a commitment

The CMA must publish a notice of its decision on whether to release an undertaking from a commitment as soon as reasonably practicable.

Joint interests

If two or more persons each hold an interest or right jointly, each of them is treated as holding that interest or right.

Joint arrangements

(1) If interests or rights held by a person and interests or rights held by another person are the subject of a joint arrangement between those persons, each…

Interests held by nominees

An interest held by a person as nominee for another is to be treated as held by the other (and not by the nominee).

Rights treated as held by person who controls their exercise

(1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person…

Rights exercisable only in certain circumstances etc

(1) Rights that are exercisable by a person only in certain circumstances are to be treated as held by the person only— (a) when the circumstances have arisen…

Rights attached to shares held by way of security

Rights attached to shares held by way of security provided by a person are to be treated as held by that person— (a) where apart from the right to exercise…

Arrangements

(1) In this Schedule “arrangement” includes— (a) any scheme, agreement or understanding, whether or not it is legally enforceable, and (b) any convention…

Sch. 3 para. 1

Chapter 4 of Part 1 of CA 1998 (appeals before the Competition Appeal Tribunal etc) is amended as follows.

Sch. 3 para. 2

In the italic heading before section 47A, after “damage” insert “, or for declaratory relief”.

Sch. 3 para. 3

In section 47A (proceedings before the Tribunal: claims for damages etc), after subsection (3) insert— (3A) This section also applies to a claim for a…

Sch. 3 para. 4

After section 47D insert— Proceedings under section 47A or collective proceedings: declaratory relief 47DA (1) A declaration granted by the Tribunal in…

Sch. 3 para. 5

In the italic heading before section 47F, after “damage” insert “, or for declaratory relief,”.

Sch. 3 para. 6

(1) Section 47F (further provision about claims in respect of loss or damage before a court or the Tribunal) is amended as follows. (2) In the heading, after…

Sch. 3 para. 7

(1) In section 49 (further appeals from the Tribunal), subsection (1A) is amended as follows. (2) Omit the “or” at the end of paragraph (a). (3) After…

Sch. 3 para. 8

(1) Schedule 8A (further provision about claims in respect of loss or damage before a court or the Tribunal) is amended as follows. (2) In the heading, after…

Sch. 3 para. 9

In Schedule 4 to EA 2002 (Competition Appeal Tribunal: procedure), after paragraph 21A insert— Declarations and declarators 21B Tribunal rules may make…

Sch. 4 para. 1

Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows.

Sch. 4 para. 2

(1) Section 23 (relevant merger situations) is amended as follows. (2) In subsection (1), in paragraph (b), for “£70 million” substitute “£100 million”. (3) In…

Sch. 4 para. 3

(1) Section 28 (turnover test) is amended as follows. (2) In subsection (5)— (a) in paragraph (a)— (i) for “sum” substitute “sums”; (ii) after “section…

Sch. 4 para. 4

In Chapter 2 of Part 3 of EA 2002 (mergers: public interest cases), in section 58A (construction of consideration specified in section 58(2C)), in subsection…

Sch. 4 para. 5

Chapter 3 of Part 3 of EA 2002 (mergers: other special cases) is amended as follows.

Sch. 4 para. 6

(1) Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows. (2) For subsections (3) and (3A) substitute— (3)…

Sch. 4 para. 7

(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications of Chapter 1 of Part 3) is amended as follows. (2) In paragraph 2…

Sch. 4 para. 8

Chapter 5 of Part 3 of EA 2002 (mergers: supplementary) is amended as follows.

Sch. 4 para. 9

(1) Section 123 (power to alter share of supply test) is amended as follows. (2) In the heading, for “share of supply test” substitute “conditions for a…

Sch. 4 para. 10

In section 130 (index of defined expressions), in the appropriate place insert— Media enterprise Section 58A(1) .

Sch. 5 para. 1

Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows.

Sch. 5 para. 2

(1) Section 22 (duty to make references in relation to completed mergers) is amended as follows. (2) After subsection (1) insert— (1A) The CMA must make a…

Sch. 5 para. 3

(1) Section 33 (duty to make references in relation to anticipated mergers) is amended as follows. (2) After subsection (1) insert— (1A) The CMA must make a…

Sch. 5 para. 4

(1) Section 34ZA (time-limits for decisions about references) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a), for “section…

Sch. 5 para. 5

In section 34ZB (extension of time-limits), in subsection (1), for “mentioned in” substitute “for the purposes of”.

Sch. 5 para. 6

In section 34ZC (sections 34ZA and 34ZB: supplementary), in subsection (1), for “period mentioned in” substitute “initial period for the purposes of”.

Sch. 5 para. 7

After section 34ZC (sections 34ZA and 34ZB: supplementary) insert— Fast-track reference requests 34ZD (1) Subsection (2) applies where the following conditions…

Sch. 5 para. 8

(1) Section 39 (time-limits for investigations and reports) is amended as follows. (2) In subsection (3), after “section 38” insert “on a reference under…

Sch. 5 para. 9

(1) Section 40 (section 39: supplementary) is amended as follows. (2) In subsection (4), after “section 39(3)” insert “or (3A)”. (3) In subsection (5), before…

Sch. 5 para. 10

(1) In Chapter 3 of Part 3 of EA 2002 (mergers: other special cases), Schedule 5A (energy network mergers affecting comparative regulation: modifications of…

Sch. 5 para. 11

(1) In Chapter 4 of Part 3 of EA 2002 (mergers: enforcement), section 73 (undertakings in lieu of references under section 22 or 33) is amended as follows. (2)…

Sch. 5 para. 12

Chapter 5 of Part 3 of EA 2002 (mergers: supplementary) is amended as follows.

Sch. 5 para. 13

In section 104 (certain duties of relevant authorities to consult), in subsection (6), in the definition of “relevant decision”, in paragraph (a)— (a) in…

Sch. 5 para. 14

(1) Section 107 (further publicity requirements) is amended as follows. (2) In subsection (1)— (a) in paragraph (a), for “section 22, 33” substitute “section…

Sch. 5 para. 15

In section 130 (interpretation), in the appropriate place insert— Fast-track reference request section 34ZD(3) .

Sch. 6 para. 1

Part 3 of EA 2002 (mergers) is amended as follows.

Sch. 6 para. 2

(1) Section 22 (duty to make references in relation to completed mergers) is amended as follows. (2) In subsection (3)(c) omit “or 68B or 68C”. (3) In…

Sch. 6 para. 3

In section 33(3) (circumstances in which references in relation to anticipated mergers may not be made), in paragraph (c) omit “or 68B or 68C”.

Sch. 6 para. 4

In section 68B (further duty to make references in relation to completed mergers), for subsection (3) substitute— (3) The CMA may not make a reference under…

Sch. 6 para. 5

In section 68C (further duty to make references in relation to anticipated mergers), for subsection (3) substitute— (3) The CMA may not make a reference under…

Sch. 6 para. 6

(1) In section 72 (initial enforcement orders: completed or anticipated mergers), subsection (6) is amended as follows. (2) For the words before paragraph (a)…

Sch. 6 para. 7

(1) Section 73 (undertakings in lieu of references under section 22, 33, 68B or 68C) is amended as follows. (2) For subsection (3B) substitute— (3B) The CMA…

Sch. 6 para. 8

In section 73A (time-limits for consideration of undertakings), in subsection (2)(a), after “73(2)” insert “or (3B)”.

Sch. 6 para. 9

(1) Section 74 (effect of undertakings under section 73) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a), for “, 45, 68B or…

Sch. 6 para. 10

(1) Section 75 (order-making power where undertakings under section 73 not fulfilled etc) is amended as follows. (2) In subsection (1), in paragraph (a), for…

Sch. 6 para. 11

(1) Section 79 (sections 77 and 78: further interpretative provisions) is amended as follows. (2) In subsection (1), for paragraphs (c) to (e) substitute— (c)…

Sch. 6 para. 12

(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications of Chapter 1 of Part 3) is amended as follows. (2) After paragraph 1…

Sch. 6 para. 13

(1) Schedule 16 to the Energy Act 2023 (mergers of completed energy network enterprises) is amended as follows. (2) Omit paragraphs 5 and 6 (amendments to…

Introduction

In EA 2002, Part 3 (mergers) is amended as follows.

Prohibition on newspaper enterprise mergers involving foreign powers

After Chapter 3 insert— Chapter 3A Mergers involving newspaper enterprises and foreign powers Intervention by the Secretary of State 70A (1) The Secretary of…

Prohibition on newspaper enterprise mergers involving foreign powers

After Schedule 6 insert— Schedule 6A Determination of when a foreign state newspaper merger situation has been created Section 70A Application of sections 23…

Further amendments

(1) In section 86 (enforcement orders: general provisions), in subsection (6), after “section” insert “70C,”. (2) In section 88 (contents of certain…

Sch. 8 para. 1

Part 4 of EA 2002 (market studies and market investigations) is amended as follows.

Sch. 8 para. 2

(1) Section 131B (market studies and the making of decisions to refer: time-limits) is amended as follows. (2) In subsection (4), in paragraph (b), after…

Sch. 8 para. 3

(1) Section 133A (functions to be exercised by CMA groups) is amended as follows. (2) In subsection (1), after paragraph (b) insert— (ba) section 154A, so far…

Sch. 8 para. 4

In section 136 (investigations and reports on market investigation references), in subsection (2), after paragraph (a) insert— (aa) any decision of the CMA…

Sch. 8 para. 5

(1) Section 139 (public interest intervention by the Secretary of State) is amended as follows. (2) In subsection (1A), in paragraph (a), for “under section…

Sch. 8 para. 6

(1) Section 140 (intervention notices under section 139(1)) is amended as follows. (2) In subsection (5), in paragraph (za), for “under section 154” to the end…

Sch. 8 para. 7

In section 150 (power of veto of Secretary of State), in subsection (A1) for “under section 154” substitute “in lieu of a reference under section 154A”.

Sch. 8 para. 8

For section 154 (and the italic heading immediately before it) substitute— Undertakings in lieu Undertakings fully or partially in lieu of references or…

Sch. 8 para. 9

(1) Section 155 (undertakings in lieu: procedural requirements) is amended as follows. (2) In subsection (1), for “154” substitute “154A”. (3) For subsection…

Sch. 8 para. 10

(1) Section 156 (effect of undertakings under section 154) is amended as follows. (2) In the heading, for “under section 154” substitute “in lieu”; (3) In…

Sch. 8 para. 11

After section 156 insert— Interim undertakings and orders .

Sch. 8 para. 12

After section 158 insert— Final undertakings and orders .

Sch. 8 para. 13

(1) Section 162 (duty of CMA to monitor the carrying out of undertakings and orders: Part 4) is amended as follows. (2) In subsection (4), in paragraphs (a)…

Sch. 8 para. 14

In section 169(6) (certain duties of relevant authorities to consult: Part 4), in paragraph (a)(ia) of the definition of “relevant decision”, for “under…

Sch. 8 para. 15

(1) Section 174C (section 174B: supplementary provision) is amended as follows. (2) In subsection (3), in paragraph (b), for “under section 154 instead of…

Sch. 8 para. 16

In section 183 (interpretation: Part 4), in subsection (3), in paragraph (a)— (a) omit the “or” at the end of sub-paragraph (iii); (b) after that sub-paragraph…

Sch. 8 para. 17

In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the CMA), in Part 2 (the CMA Board), in paragraph 29 (delegation), in sub-paragraph (2)(e), for…

Sch. 9 para. 1

Part 4 of EA 2002 (market studies and market investigations) is amended as follows.

Sch. 9 para. 2

(1) Section 133A (functions to be exercised by CMA groups) is amended as follows. (2) In subsection (1)— (a) in paragraph (a), for “138B” substitute “137”; (b)…

Sch. 9 para. 3

(1) Section 138A (time-limits for discharging duty under section 138) is amended as follows. (2) Before subsection (1) insert— (A1) Subsection (A3) applies in…

Sch. 9 para. 4

After section 161A (acceptance of enforcement undertakings: Part 4) (inserted by paragraph 16 of Schedule 11) insert— Implementation trials of final orders and…

Sch. 9 para. 5

After section 162A (inserted by section 139(4)) insert— Power to vary etc undertakings and orders: implementation trials 162B (1) This section applies in…

Sch. 9 para. 6

In section 165 (procedural requirements for certain undertakings and orders: Part 4)— (a) after “section 159” insert “or 161C”; (b) for “or 161” substitute “…

Sch. 9 para. 7

(1) Section 167 (rights to enforce undertakings and orders under Part 4) is amended as follows. (2) In subsection (1)— (a) the words from “any” to the end…

Sch. 9 para. 8

(1) Section 167A (enforcement of enforcement undertakings and orders: imposition of penalties) (inserted by paragraph 18 of Schedule 11) is amended as follows…

Sch. 9 para. 9

(1) In section 167B (penalties under section 167A: amount) (inserted by paragraph 18 of Schedule 11), subsection (5)(b) is amended as follows. (2) The words…

Sch. 9 para. 10

(1) In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), paragraph (a) of the definition of “relevant decision” is…

Sch. 9 para. 11

In section 172 (further publicity requirements: Part 4), in subsection (2), after paragraph (zb) insert— (zc) any decision made by it under section 138A(A1)(b)…

Sch. 10 para. 1

In Part 1 of CA 1998 (competition), Chapter 3 (investigation and enforcement) is amended as follows.

Sch. 10 para. 2

(1) In section 26 (investigations: powers to require documents and information), subsection (3) is amended as follows. (2) In the words before paragraph (a)…

Sch. 10 para. 3

(1) In section 26A (investigations: power to ask questions), subsection (5) is amended as follows. (2) In the words before paragraph (a) omit “indicate”. (3)…

Sch. 10 para. 4

In section 27 (power to enter business premises without a warrant), in subsection (2), for paragraph (c) substitute— (c) includes information about the…

Sch. 10 para. 5

(1) In section 29 (entry of premises under warrant: supplementary), subsection (1) is amended as follows. (2) In the words before paragraph (a) omit…

Sch. 10 para. 6

(1) In section 40ZD (information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions), subsection (3) is amended as…

Sch. 10 para. 7

For the italic heading before section 40A substitute— Civil sanctions: failure to comply with investigative requirements

Sch. 10 para. 8

Before section 40A (but after the italic heading substituted by paragraph 7) insert— Enforcement of requirements: imposition of penalties 40ZE (1) The CMA may…

Sch. 10 para. 9

(1) Section 40A (penalties: failure to comply with requirements) is amended as follows. (2) In the heading, for “failure to comply with requirements”…

Sch. 10 para. 10

(1) Section 40B (statement of policy on penalties) is amended as follows. (2) In subsection (1)— (a) for “use of its powers” substitute “exercise of…

Sch. 10 para. 11

(1) Section 42 (offences) is amended as follows. (2) For the heading substitute “Obstruction”. (3) After subsection (7) insert— (8) A person is not guilty of…

Sch. 10 para. 12

In section 43 (destroying or falsifying documents), after subsection (1) insert— (1A) A person is not guilty of an offence under subsection (1) by reason of…

Sch. 10 para. 13

In section 44 (false or misleading information), after subsection (2) insert— (2A) A person is not guilty of an offence under this section by reason of any act…

Sch. 10 para. 14

In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary: investigation powers) is amended as follows.

Sch. 10 para. 15

(1) Section 110 (enforcement of powers under section 109: general) is amended as follows. (2) In the heading, for “general” substitute “imposition of…

Sch. 10 para. 16

(1) Section 110A (restriction on powers to impose penalties under section 110) is amended as follows. (2) In subsection (1)— (a) for “110(1) or (3)” substitute…

Sch. 10 para. 17

(1) Section 111 (penalties) is amended as follows. (2) In the heading, at the end insert “: amount”. (3) In subsection (1)— (a) for “(3)” substitute “(1A)”…

Sch. 10 para. 18

(1) Section 112 (penalties: main procedural requirements) is amended as follows. (2) Before subsection (1) insert— (A1) Before the appropriate authority…

Sch. 10 para. 19

(1) Section 113 (payment and interest by instalments) is amended as follows. (2) In subsection (3), for “the CMA” substitute “the appropriate authority”. (3)…

Sch. 10 para. 20

(1) Section 114 (appeals in relation to penalties) is amended as follows. (2) In subsection (1), for “(3)” substitute “(1A)” (3) In subsection (4), in the…

Sch. 10 para. 21

(1) Section 115 (recovery of penalties) is amended as follows. (2) In the words before paragraph (a), for “(3)” substitute “(1A)”. (3) In the words after…

Sch. 10 para. 22

(1) Section 116 (statement of policy) is amended as follows. (2) For subsection (1) substitute— (1) The CMA must prepare and publish a statement of policy in…

Sch. 10 para. 23

After section 116 insert— Intentional destruction etc of documents 116A (1) A person (“P”) commits an offence if the person intentionally alters, suppresses or…

Sch. 10 para. 24

(1) Section 117 (false or misleading information) is amended as follows. (2) In sub-paragraph (1), in paragraph (a) for “the CMA, OFCOM or the Secretary of…

Sch. 10 para. 25

In section 120 (review of decisions under Part 3), in subsection (2), in paragraph (a), for “(3)” substitute “(1A)”.

Sch. 10 para. 26

In Part 4 of EA 2002 (market studies and market investigations), Chapter 4 (supplementary: investigation powers) is amended as follows.

Sch. 10 para. 27

(1) Section 174A (enforcement of powers under section 174: general) is amended as follows. (2) In the heading, for “general” substitute “imposition of…

Sch. 10 para. 28

(1) Section 174B (restriction on powers to impose penalties under section 174A) is amended as follows. (2) In subsection (1)— (a) for “174A(1) or (3)”…

Sch. 10 para. 29

(1) Section 174D (penalties) is amended as follows. (2) In the heading, at the end insert “: amount”. (3) In subsection (1)— (a) for “(3)” substitute “(1A)”…

Sch. 10 para. 30

(1) Section 174E (statement of policy on penalties) is amended as follows. (2) For subsection (1) substitute— (1) The CMA must prepare and publish a statement…

Sch. 10 para. 31

In section 179 (review of decisions under Part 4), in subsection (2), in paragraph (a), for “(3)” substitute “(1A)”.

Sch. 10 para. 32

(1) Section 180 (offences) is amended as follows. (2) In subsection (1), after “Sections” insert “116A (intentional destruction etc of documents),”. (3) For…

Sch. 10 para. 33

In section 183 (interpretation: Part 4), in subsection (1), at the appropriate place insert— “enterprise” means the activities, or part of the activities, of a…

Sch. 10 para. 34

In section 184 (index of defined expressions: Part 4), at the appropriate place in the table insert— Enterprise Section 183(1) .

Sch. 11 para. 1

In Part 1 of CA 1998 (competition), Chapter 3 (investigation and enforcement) is amended as follows.

Sch. 11 para. 2

In section 31A (commitments), after subsection (2) insert— (2A) But the CMA may not accept commitments from a person unless it has provided the person with…

Sch. 11 para. 3

In section 31E (enforcement of commitments), after subsection (3) insert— (4) In deciding whether and, if so, how to proceed under this section, the CMA must…

Sch. 11 para. 4

In the italic heading before section 32, at the end insert “: directions and interim measures”.

Sch. 11 para. 5

In section 34 (enforcement of directions), after subsection (3) insert— (4) In deciding whether and, if so, how to proceed under this section, the CMA must…

Sch. 11 para. 6

After section 35 insert— Civil sanctions: breaches of commitments, directions and interim measures Enforcement of powers under sections 31A, 32, 33 and 35…

Sch. 11 para. 7

In Part 3 of EA 2002 (mergers), Chapter 4 (enforcement) is amended as follows.

Sch. 11 para. 8

(1) Section 34C (functions to be exercised by CMA groups) is amended as follows. (2) In subsection (1)(e), for “94A” substitute “94AA”. (3) In subsection…

Sch. 11 para. 9

(1) Section 89 (subject-matter of undertakings) is amended as follows. (2) In the heading, at the start insert “Acceptance and”. (3) Before subsection (1)…

Sch. 11 para. 10

In section 94 (rights to enforce undertakings and orders), after subsection (9) insert— (10) In deciding whether and, if so, how to proceed under this section…

Sch. 11 para. 11

For section 94A substitute— Enforcement of undertakings and orders: imposition of penalties 94AA (1) The appropriate authority may, in accordance with section…

Sch. 11 para. 12

(1) Section 94B (statement of policy in relation to powers under sections 94 and 94A) is amended as follows. (2) In the heading— (a) for “powers” substitute…

Sch. 11 para. 13

In section 120 (review of decisions under Part 3), in subsection (2), in paragraph (a), for “94A(1)” substitute “94AA(1)”.

Sch. 11 para. 14

In Part 4 of EA 2002 (market studies and market investigations), Chapter 3 (enforcement) is amended as follows.

Sch. 11 para. 15

(1) Section 133A (functions to be exercised by CMA groups) is amended as follows. (2) In subsection (1)(i), for “section 167” substitute “sections 167 and…

Sch. 11 para. 16

After section 161 insert— Acceptance of enforcement undertakings: Part 4 161A (1) The relevant authority may not accept an enforcement undertaking from a…

Sch. 11 para. 17

In section 167 (rights to enforce undertakings and orders under this Part), after subsection (9) insert— (10) In deciding whether and, if so, how to proceed…

Sch. 11 para. 18

After section 167 insert— Enforcement of undertakings and orders: imposition of penalties 167A (1) The relevant authority may, in accordance with section 167B…

Sch. 11 para. 19

In section 179 (review of decisions under Part 4), in subsection (2), in paragraph (a), after “section” insert “167A(1) or”.

The Civil Aviation Authority (CAA)

In the Civil Aviation Act 2012, Chapter 2 of Part 1 (regulation of operators of dominant airports: competition) is amended as follows.

Sch. 12 para. 2

(1) Section 60 (functions of the CAA under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166”…

Sch. 12 para. 3

In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C, 171 or 174E”.

Sch. 12 para. 4

(1) Section 62 (functions of the CAA under CA 1998) is amended as follows. (2) In subsection (2), in the words after paragraph (b), after “31D(1) to (6)”…

Sch. 12 para. 5

In section 63 (functions of the CAA under CA 1998: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”.

Sch. 12 para. 6

(1) Section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) is amended as follows. (2) In subsection (2), in the words before…

The Financial Conduct Authority (FCA)

The Financial Services and Markets Act 2000 is amended as follows.

Sch. 12 para. 8

(1) Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the entry for section 166…

Sch. 12 para. 9

(1) Section 234J (functions of the FCA under CA 1998) is amended as follows. (2) In subsection (3) after the entry for section 31D(1) to (6) of CA 1998 insert—…

The Northern Ireland Authority for Utility Regulation

(1) Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for…

Sch. 12 para. 11

(1) Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with…

Sch. 12 para. 12

(1) Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation…

The Office of Communications (OFCOM)

The Communications Act 2003 is amended as follows.

Sch. 12 para. 14

(1) Section 370 (functions of OFCOM under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166”…

Sch. 12 para. 15

(1) Section 371 (functions of OFCOM under CA 1998) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “31D(1) to (6)”…

Sch. 12 para. 16

(1) Section 392 (penalties imposed by OFCOM) is amended as follows. (2) In subsection (1), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the…

The Office of Gas and Electricity Markets (Ofgem)

(1) Section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before…

Sch. 12 para. 18

(1) Section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before…

The Office of Rail and Road (ORR)

(1) Section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) is amended as follows. (2) In subsection (2A), in the words before…

The Payment Systems Regulator

The Financial Services (Banking Reform) Act 2013 is amended as follows.

Sch. 12 para. 21

(1) Section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the…

Sch. 12 para. 22

(1) Section 61 (functions of the Payment Systems Regulator under CA 1998) is amended as follows. (2) In subsection (3), after the entry for section 31D(1) to…

The Water Services Regulation Authority (Ofwat)

(1) Section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) is amended as follows. (2) In subsection (2A), in the words…

Service of documents etc

In Part 3 of EA 2002 (mergers), in Chapter 5 (supplementary), for section 126 (service of documents) substitute— Service of documents by the CMA, OFCOM or the…

Sch. 13 para. 2

In Part 1 of CA 1998, in Chapter 3 (investigation and enforcement), after section 44 insert— Supplementary Giving of notices under Chapter 3 44A Section 126 of…

Sch. 13 para. 3

In section 61(4) of the Financial Services (Banking Reform) Act 2013 (functions of the Payment Systems Regulator under CA 1998), after “Part 1 of the…

Sch. 13 para. 4

In section 62(4) of the Civil Aviation Act 2012 (functions of the Civil Aviation Authority under CA 1998), after “Part 1 of the Competition Act 1998” insert…

Sch. 13 para. 5

In section 371(3) of the Communications Act 2002 (functions of OFCOM under CA 1998), in the words before paragraph (a), after “Part 1 of the Competition Act…

Sch. 13 para. 6

In section 86(4)(b) of the Transport Act 2000 (functions of the Civil Aviation Authority with respect to competition), after “and 54” insert “but including…

Sch. 13 para. 7

In section 234J(4) of the Financial Services and Markets Act 2000 (functions of the FCA under CA 1998), after “Part 1 of the Competition Act 1998” insert…

Sch. 13 para. 8

In section 67(3A) of the Railways Act 1993 (functions of the Office of Rail and Road with respect to competition), after “Part 1 of the Competition Act 1998”…

Sch. 13 para. 9

In section 31(4A) of the Water Industry Act 1991 (functions of Ofwat with respect to competition), after “Part 1 of the Competition Act 1998” insert…

Sch. 13 para. 10

In section 43(3A) of the Electricity Act 1989 (functions of Ofgem with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including…

Sch. 13 para. 11

In section 36A(3A) of the Gas Act 1986 (functions of Ofgem with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including…

Sch. 13 para. 12

In Article 29(5) of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for…

Sch. 13 para. 13

In Article 23(3A) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with…

Sch. 13 para. 14

In Article 46(3A) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation…

Extra-territoriality of notices under CA 1998 and EA 2002

In Chapter 3 of Part 1 of CA 1998 (investigation and enforcement), after section 44A (inserted by paragraph 2) insert— Extra-territorial application of notices…

Sch. 13 para. 16

In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary: investigation powers), after section 109A insert— Extra-territorial application of notices under…

Sch. 13 para. 17

In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary: investigation powers), after section 174 insert— Extra-territorial…

Orders and regulations under CA 1998

(1) In Part 4 of CA 1998 (supplemental and transitional), section 71 (regulations, orders and rules) is amended as follows. (2) In subsection (4)— (a) in the…

Orders and regulations under Part 3 of EA 2002

(1) In Part 3 of EA 2002 (mergers), section 124 (orders and regulations under Part 3) is amended as follows. (2) In subsection (4) omit “, 94A(6)”. (3) In…

Orders and regulations under Part 4 of EA 2002

(1) In Part 4 of EA 2002 (market studies and market investigations), section 181 (orders under Part 4) is amended as follows. (2) In the heading, after…

Introductory

Schedule 5 to CRA 2015 (investigatory powers) is amended as follows.

Penalties for non-compliance with information notices

(1) Paragraph 15 is amended in accordance with sub-paragraphs (2) and (3). (2) In sub-paragraph (3)— (a) in the opening words for “may” substitute “must”; (b)…

Extra-territorial application in relation to notices

After paragraph 17 insert— Extra-territorial application in relation to notices under paragraph 14 17A (1) This paragraph applies to the exercise of a power of…

Means of giving notices

After paragraph 17A (inserted by paragraph 3 above) insert— Means of giving notice under this Part of this Schedule 17B (1) This paragraph applies in relation…

Access to documents

In paragraph 32— (a) in sub-paragraph (2), in the words before paragraph (a), after “on” insert “, or accessible from,”; (b) in sub-paragraph (5)— (i) after…

Meaning of “firm”

In paragraph 8, after the definition of “enforcement order” insert— “firm” means any entity, whether or not a legal person, that is not an individual and…

Estate Agents Act 1979

In section 3 of the Estate Agents Act 1979 (orders prohibiting unfit persons from doing estate agency work), in subsection (1)— (a) in paragraph (ba) for…

Companies Act 1985

(1) Schedule 15D to the Companies Act 1985 is amended as follows. (2) In paragraph 20— (a) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4…

Enterprise Act 2002

EA 2002 is amended as follows.

Sch. 18 para. 4

Omit Part 8 (including Schedule 13).

Sch. 18 para. 5

In section 238 (information), in subsection (1), in paragraph (a) for “, 7 or 8” substitute “or 7”.

Sch. 18 para. 6

In section 243 (overseas disclosures), in subsection (3)(a) for the words from “designated” to the end substitute “a private designated enforcer for the…

Sch. 18 para. 7

In Schedule 14 (provisions about disclosure of information) at the appropriate place insert— Chapters 3 and 4 of Part 3 of the Digital Markets, Competition and…

Sch. 18 para. 8

In Schedule 15 (enactments conferring functions) at the appropriate place insert— Chapters 3 and 4 of Part 3 of the Digital Markets, Competition and Consumers…

Companies Act 2006

(1) The Companies Act 2006 is amended as follows. (2) In Part 2 of Schedule 2— (a) in paragraph 28— (i) for “Part 8 of the Enterprise Act 2002” substitute…

Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert— Digital Markets, Competition and Consumers Act 2024…

Consumer Rights Act 2015

(1) Schedule 5 to CRA 2015 (investigatory powers) is amended as follows. (2) In paragraph 2— (a) in sub-paragraph (1), omit paragraph (b); (b) in sub-paragraph…

Interpretation

In this Schedule— “commencement date” means the date on which section 153 comes into force; “continuing conduct” means an act or omission of a person that—…

General rules

(1) The old law continues to apply— (a) in respect of conduct of a person that takes place before the commencement date; (b) for the purposes of the taking of…

Rules applicable to continuing conduct

(1) This paragraph applies where conduct of a person is continuing conduct. (2) The new law applies in respect of the person’s post-commencement conduct. (3)…

Rules applicable to undertakings given to enforcers under the old law

(1) This paragraph applies where an enforcer has accepted an undertaking from a person under the old law. (2) Enforcement action in respect of a person’s…

Information notices under Schedule 5 to CRA 2015

(1) The amendments made by paragraph 2(3) of Schedule 17 (which insert new paragraphs 16A to 16J into Schedule 5 to CRA 2015) have effect only in relation to…

Further provision

Nothing in this Schedule limits the power under section 339(5) to make further transitional and saving provision in connection with the coming into force of…

Sch. 20 para. 1

Claiming to be a signatory to a code of conduct when the trader is not.

Sch. 20 para. 2

Claiming that a code of conduct has an endorsement from a public or private body which it does not have.

Sch. 20 para. 3

Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.

Sch. 20 para. 4

Claiming that a trader, a trader’s commercial practice, or a product has been approved, endorsed or authorised by a public or private body when— (a) the claim…

Sch. 20 para. 5

(1) Making an invitation to purchase products at a specified price where— (a) the trader has reasonable grounds for believing that it will not be possible for…

Sch. 20 para. 6

Making an invitation to purchase products at a specified price and then— (a) refusing to show the advertised item to consumers, (b) refusing to take orders for…

Sch. 20 para. 7

Falsely stating that a product will only be available for a limited time, or that it will only be available on particular terms for a limited time, in order to…

Sch. 20 para. 8

Undertaking to provide an after-sales service to consumers and then making such service available only in a language which is different to the language used in…

Sch. 20 para. 9

Falsely claiming or creating the false impression that an after-sales service is available, including falsely claiming that it is available in, or accessible…

Sch. 20 para. 10

Stating or otherwise creating the impression that a product can be legally sold when it cannot.

Sch. 20 para. 11

Presenting rights given to consumers by law as a distinctive feature of the trader’s offer.

Sch. 20 para. 12

Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or…

Sch. 20 para. 13

(1) Submitting, or commissioning another person to submit or write— (a) a fake consumer review, or (b) a consumer review that conceals the fact it has been…

Sch. 20 para. 14

Making a materially inaccurate claim concerning the nature and extent of the risk to the personal security or safety of the consumer, a member of the…

Sch. 20 para. 15

Promoting a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing that the…

Sch. 20 para. 16

(1) Establishing, operating or promoting a pyramid promotional scheme. (2) In sub-paragraph (1), a pyramid promotional scheme means a scheme where a consumer…

Sch. 20 para. 17

Claiming that the trader is about to cease trading or move premises when the trader is not.

Sch. 20 para. 18

Claiming that products are able to facilitate winning in games of chance.

Sch. 20 para. 19

(1) Falsely claiming that a product is able to— (a) prevent or treat disease or a malformation, (b) restore, correct or modify a physiological function, or (c)…

Sch. 20 para. 20

Providing (including passing on) materially inaccurate information about market conditions or about the availability of the product with the intention of…

Sch. 20 para. 21

Claiming to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.

Sch. 20 para. 22

Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in…

Sch. 20 para. 23

Describing a product as “gratis”, “free”, “without charge” or similar if the consumer has to pay anything other than the unavoidable cost of responding to the…

Sch. 20 para. 24

Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that the consumer has already ordered…

Sch. 20 para. 25

Falsely claiming or creating the false impression that the trader is not acting for purposes relating to the trader’s business or falsely representing oneself…

Sch. 20 para. 26

Creating the impression that the consumer cannot leave the premises until a contract is formed.

Sch. 20 para. 27

Ignoring a request from a consumer to leave or not return to the consumer’s home except in circumstances and to the extent justified to enforce a contractual…

Sch. 20 para. 28

Making persistent and unwanted solicitations by any means, other than by attending at the consumer’s home, except in circumstances and to the extent justified…

Sch. 20 para. 29

Requiring a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim…

Sch. 20 para. 30

Including in an advertisement a direct appeal to children to buy advertised products or persuade their parents or other adults to buy advertised products for…

Sch. 20 para. 31

Supplying products to a consumer that have not been requested by the consumer and demanding that the consumer— (a) pays for the products, (b) returns the…

Sch. 20 para. 32

Explicitly telling a consumer that if the consumer does not buy the product, the trader’s job or livelihood will be at risk.

Administration of Justice Act 1970 (c. 31)

In section 40(3A) of the Administration of Justice Act 1970 (punishment for unlawful harassment of debtors), for “the Consumer Protection from Unfair Trading…

Trade Descriptions Act 1968 (c. 29)

In section 12(3) of the Trade Descriptions Act 1968 (false representations as to royal approval or award, etc.) for the words from “and” to “2008” substitute…

Hallmarking Act 1973 (c. 43)

In section 1 of the Hallmarking Act 1973 (prohibited descriptions of unhallmarked articles)— (a) in subsection (4C) for “the Consumer Protection from Unfair…

Prescription and Limitation (Scotland) Act 1973 (c. 52)

In paragraph 1 of Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 for paragraph (af) substitute— (af) to any obligation arising by virtue of…

Companies Act 1985 (c. 6)

In paragraph 17 of Schedule 15D to the Companies Act 1985 (disclosures), omit sub-paragraph (k).

Copyright, Designs and Patents Act 1988 (c. 48)

(1) The Copyright, Designs and Patents Act 1988 is amended as follows. (2) In section 114A(2)(bb) (forfeiture of infringing copies, etc.: England and Wales or…

Trade Marks Act 1994 (c. 26)

(1) The Trade Marks Act 1994 is amended as follows. (2) In section 91 (power of commissioners for revenue and customs to disclose information), for paragraph…

Enterprise Act 2002 (c. 40)

In EA 2002— (a) in Schedule 14 (provisions about disclosure of information) at the appropriate place insert— Chapter 1 of Part 4 of the Digital Markets…

Licensing Act 2003 (c. 17)

In paragraph 23 of Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences), for the words from “regulation” to “2008” substitute “Chapter 1…

Companies Act 2006 (c. 46)

In paragraph 25 of Part 2 of Schedule 2 to the Companies Act 2006 (specified descriptions of disclosures), omit paragraph (j).

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert— Digital…

Consumer Rights Act 2015 (c. 15)

(1) Schedule 5 to the CRA 2015 (investigatory powers: enforcer’s legislation) is amended as follows. (2) In paragraph 10— (a) omit “regulation 19(1) or (1A) of…

Online Safety Act 2023 (c. 50)

(1) The Online Safety Act 2023 is amended as follows. (2) In section 59(6) (“illegal content” etc) for “the Consumer Protection from Unfair Trading Regulations…

Utilities Prospective

(1) A contract between an electricity supplier and a consumer for the supply of electricity to any premises. (2) A contract between a gas supplier and a…

Insurance and financial services Prospective

A contract for services of a banking, credit, insurance, personal pension, investment or payment nature.

Medical prescriptions etc Prospective

(1) A contract for the supply of goods, services or digital content where the supply— (a) is made for purposes relating to the prevention, diagnosis or…

Medical prescriptions etc Prospective

(1) A contract for the supply of goods, services or digital content by a health care professional or a person included in a relevant list in circumstances…

Contracts regulated by OFCOM Prospective

A contract for the supply of goods, services or digital content by a person who is bound, in relation to that supply, by a general condition set by OFCOM under…

Contracts regulated by OFCOM Prospective

(1) A contract for the supply of a premium rate service by a person who is bound, in relation to the supply of that service, by conditions set by OFCOM under…

Contracts regulated by OFCOM Prospective

In paragraphs 5 and 6, “OFCOM” means the Office of Communications.

Rent of residential accommodation Prospective

A contract under which accommodation is rented for residential purposes.

Delivery of foodstuffs etc. by micro-entity Prospective

(1) A contract between a trader whose business is a micro-entity and a consumer for the supply of foodstuffs, beverages or other goods intended for current…

Package holidays etc Prospective

A package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulation 2018 (S.I. 2018/634).

Timeshares etc Prospective

A contract which is a regulated contract within the meaning of the Timeshare, Holiday Products Resale and Exchange Contracts 2010 (S.I. 2010/2960).

Childcare (including school age education) Prospective

(1) A contract for the supply of goods, services or digital content for, or in connection with, the provision of childcare by a relevant childcare provider…

Gambling contracts Prospective

(1) In England and Wales and Scotland, a contract for— (a) gambling, within the meaning of the Gambling Act 2005; (b) participating in the National Lottery…

Sch. 23 para. 1 Prospective

The information referred to in section 256(1)(a) is as follows.

Sch. 23 para. 2 Prospective

If section 254(2) applies to the contract— (a) that the contract will continue, or continue for a fixed term, unless the consumer takes steps to bring the…

Sch. 23 para. 3 Prospective

If section 254(3) applies to the contract— (a) that the consumer will be charged, or charged at a higher rate, for the supply of goods, services or digital…

Sch. 23 para. 4 Prospective

The frequency with which the consumer will become liable for payments under the contract and the minimum amount that the consumer will become liable for on…

Sch. 23 para. 5 Prospective

If different to the information referred to in paragraph 4, the amount that the consumer would become liable for each month if payments under the contract fell…

Sch. 23 para. 6 Prospective

The minimum total amount for which the consumer will become liable under the contract.

Sch. 23 para. 7 Prospective

Whether the contract provides for— (a) any changes to the frequency or the amount of payments that the consumer will become liable for under the contract, or…

Sch. 23 para. 8 Prospective

The steps that the consumer must take to bring the contract to an end including any address (including a website or email address) or other contact details the…

Sch. 23 para. 9 Prospective

The amount of notice that the consumer must give to bring the contract to an end.

Sch. 23 para. 10 Prospective

The period within which reminder notices in relation to the contract will be given in accordance with section 259(3).

Sch. 23 para. 11 Prospective

A summary of— (a) the consumer’s right to cancel the contract during the initial cooling-off period (or if the consumer may lose that right, that information)…

Sch. 23 para. 12 Prospective

The information referred to in section 256(1)(b) is as follows.

Sch. 23 para. 13 Prospective

The information set out in Part 1 of this Schedule.

Sch. 23 para. 14 Prospective

The main characteristics of the goods, services or digital content, to the extent appropriate to the medium of communication and to the nature of the goods…

Sch. 23 para. 15 Prospective

(1) The identity of the trader and the identity of any other person on whose behalf the trader is acting. (2) For the purposes of sub-paragraph (1), “identity”…

Sch. 23 para. 16 Prospective

(1) The business address and, if different, the service address of the trader, and any business email address and business telephone number of the trader. (2)…

Sch. 23 para. 17 Prospective

In relation to any other person on whose behalf the trader is acting— (a) the person’s business address, business email address and business telephone number…

Sch. 23 para. 18 Prospective

All additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges…

Sch. 23 para. 19 Prospective

The arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods, to perform the services or to supply the…

Sch. 23 para. 20 Prospective

The trader’s complaint handling policy.

Sch. 23 para. 21 Prospective

The following information about the consumer’s right to cancel the subscription contract during the initial cooling-off period— (a) when that period begins and…

Sch. 23 para. 22 Prospective

The following information about any right the consumer has to cancel the subscription contract during a renewal cooling-off period— (a) when the first renewal…

Sch. 23 para. 23 Prospective

A reminder of the statutory rights of the consumer under Part 1 of the Consumer Rights Act 2015.

Sch. 23 para. 24 Prospective

(1) The existence and conditions of after-sale customer assistance, after-sales services and commercial guarantees. (2) In sub-paragraph (1), “commercial…

Sch. 23 para. 25 Prospective

(1) The existence of relevant codes of conduct and how copies of them can be obtained. (2) In sub-paragraph (1), “code of conduct” has the meaning it has in…

Sch. 23 para. 26 Prospective

The existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader.

Sch. 23 para. 27 Prospective

(1) The functionality, including applicable technical protection measures, of digital content and any relevant compatibility of digital content with hardware…

Sch. 23 para. 28 Prospective

The possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.

Sch. 23 para. 29 Prospective

The information referred to in section 259(1)(a) (information that must be contained in a reminder notice) is as follows.

Sch. 23 para. 30 Prospective

That the consumer will become liable for the renewal payment to which the notice relates unless the consumer takes steps to bring the contract to an end.

Sch. 23 para. 31 Prospective

The date (“the renewal date”) on which the consumer will become liable for the renewal payment and its amount.

Sch. 23 para. 32 Prospective

The amount of the previous renewal payment for which the consumer became liable under the contract (if any).

Sch. 23 para. 33 Prospective

If the renewal payment to which the notice relates is a higher amount than that previous renewal payment, that information and the difference in the amount.

Sch. 23 para. 34 Prospective

If, having not brought the contract to an end before the renewal date, the consumer will become automatically liable for one or more further payments under the…

Sch. 23 para. 35 Prospective

The amount of any payments equivalent to those mentioned in paragraph 34 for which the consumer became liable after the previous renewal payment.

Sch. 23 para. 36 Prospective

If the payments mentioned in paragraph 34 are (or may be) of a higher amount than any equivalent payments for which the consumer became liable after the…

Sch. 23 para. 37 Prospective

The minimum total amount for which the consumer will become liable under the contract if the consumer does not bring the contract to an end before the renewal…

Sch. 23 para. 38 Prospective

The date on which the consumer will become liable for the next renewal payment, or if the consumer will not become liable for any further renewal payment, the…

Sch. 23 para. 39 Prospective

The steps that the consumer may take to bring the subscription contract to an end so as to avoid becoming liable for any further payment under the contract…

Regulated financial services activity

(1) A contract between a consumer and a trader where— (a) the contract is entered into by the trader in the course of carrying on a regulated financial…

Arrangements for the supply of utilities

(1) Arrangements for— (a) the supply of water under a relevant duty to supply water; (b) the supply of electricity under an electricity supply licence; (c) the…

Contracts regulated by OFCOM

(1) A contract for the supply of goods, services or digital content by a person who is bound, in relation to that supply, by a general condition set by OFCOM…

Contracts for prepaid passenger transport services

A contract for prepaid passenger transport services.

Small businesses

(1) A contract between a consumer and a trader where— (a) the trader’s turnover in the trader’s last financial year was less than £1,000,000, and (b) the…

Childcare voucher schemes

A contract between a consumer and a trader where the contract is entered into by a trader in the course of providing childcare vouchers within the meaning…

Package holidays etc

A package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulation 2018 (S.I. 2018/634).

Sch. 25 para. 1

In this Schedule— “approved estate agents redress scheme” means an approved redress scheme within the meaning of section 23A of the Estate Agents Act 1979…

Criterion 1: information for consumers

(1) The ADR provider provides consumers generally with accessible information about the ADR that it carries out or for which it makes special ADR arrangements…

Criterion 2: readiness to carry out ADR

The ADR provider does not unreasonably refuse to carry out ADR or, as the case may be, to make special ADR arrangements, in relation to disputes referred to it.

Criterion 3: expertise

The ADR provider has appropriate knowledge and skills— (a) for carrying out the ADR that it carries out, in relation to the disputes it deals with, or (b) for…

Criterion 4: facilities for consumers and traders to participate

(1) The ADR provider provides accessible means for consumers to refer disputes to it. (2) The ADR provider or, as the case may be, any other ADR provider with…

Criterion 5: fair ADR procedures

(1) The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements, adopts and follows fair procedures in carrying…

Criterion 6: independence and impartiality

(1) The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements, acts independently and impartially before, and…

Criterion 7: information for parties

(1) The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements keeps the parties to a dispute informed about…

Sch. 26 para. 8

The following provisions have effect for the interpretation or application of this Schedule.

Sch. 26 para. 9

The accreditation criteria only apply to the ADR provider so far as it is reasonable to regard them as applicable— (a) in relation to ADR of a kind that is…

Sch. 26 para. 10

“Procedures”, in relation to ADR, means any rules, requirements or practices relating to the carrying out of ADR, including— (a) any time limits for referring…

Sch. 26 para. 11

“Dispute” means a consumer contract dispute.

Prescription and Limitation (Scotland) Act 1973

(1) Section 14 of the Prescription and Limitation (Scotland) Act 1973 (computation of prescriptive periods) is amended as follows. (2) In the following places…

Limitation Act 1980

(1) Section 33B of the Limitation Act 1980 (extension of time limits because of alternative dispute resolution) is amended as follows. (2) In the heading, for…

Foreign Limitation Periods Act 1984

(1) Section 1B of the Foreign Limitation Periods Act 1984 (extension of limitation periods because of alternative dispute resolution) is amended as follows…

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

(1) Article 51B of the Limitation (Northern Ireland) Order 1989 (extension of time limits: non-binding ADR procedure) is amended as follows. (2) In the…

Financial Services and Markets Act 2000

In Schedule 17 to the Financial Services and Markets Act 2000 (ombudsman scheme), omit the following provisions— (a) in paragraph 1, the definition of “ADR…

Enterprise Act 2002

In EA 2002— (a) in Schedule 14 (provisions about disclosure of information) at the appropriate place insert— Chapter 4 of Part 4 of the Digital Markets…

Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert— Digital…

Equality Act 2010

(1) Section 140AA of the Equality Act 2010 (extension of time limits because of alternative dispute resolution) is amended as follows. (2) In the heading, for…

Consumer Rights Act 2015

(1) Schedule 5 to CRA 2015 (investigatory powers etc) is amended as follows. (2) In the table in paragraph 11 (enforcer’s legislation: legislation mentioned in…

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542) are revoked.

Amendments to Part 3 of EA 2002

Chapter 5 of Part 3 of EA 2002 (mergers: supplementary) is amended as follows.

Sch. 28 para. 2

In section 110A (restriction on powers to impose penalties under section 110), after subsection (9) insert— (10) Where the section 109 power is exercised for…

Sch. 28 para. 3

In section 111 (penalties: amount) (as amended by paragraph 17 of Schedule 10), in subsection (5), in paragraph (b)— (a) in the words before sub-paragraph (i)…

Sch. 28 para. 4

(1) Section 120 (reviews of decisions under Part 3) is amended as follows. (2) In subsection (1A), after paragraph (b) insert— (c) a decision of the CMA or the…

Amendment to Part 9 of EA 2002

In Part 9 of EA 2002 (information), in section 243E (directions by the Secretary of State relating to overseas disclosures) (inserted by section 326(2)), after…

Sch. 28 para. 6

In Schedule 14 to EA 2002 (specified functions), at the appropriate place insert— Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act…

Sch. 28 para. 7

In Schedule 15 to EA 2002 (enactments conferring functions), at the appropriate place insert— Chapter 2 of Part 5 of the Digital Markets, Competition and…

Amendments to CA 1998

CA 1998 is amended as follows.

Sch. 28 para. 9

(1) Section 25A (power of CMA to publish notice of investigation) is amended as follows. (2) In the heading, at the end insert “etc”. (3) After subsection (1)…

Sch. 28 para. 10

(1) Section 25B (duty to preserve documents relevant to investigations) (inserted by section 121) is amended as follows. (2) In subsection (1)— (a) the words…

Sch. 28 para. 11

In section 40A (penalties: amount), in subsection (7), after paragraph (c) insert— (d) in a case where the requirement was imposed in connection with the…

The Civil Aviation Authority (CAA)

(1) The Civil Aviation Act 2012 is amended as follows. (2) In section 61 (functions of the CAA under Part 4 of the Enterprise Act 2002: supplementary), after…

Sch. 29 para. 2

In section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) after subsection (7) insert— (8) In making any decision, or…

The Financial Conduct Authority (FCA)

(1) The Financial Services and Markets Act 2000 is amended as follows. (2) In section 234I (functions of the FCA under Part 4 of EA 2002), after subsection (8)…

The Northern Ireland Authority for Utility Regulation

In Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for…

Sch. 29 para. 5

In Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with…

Sch. 29 para. 6

In Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation…

The Office of Communications (OFCOM)

(1) The Communications Act 2003 is amended as follows. (2) In section 370 (functions of OFCOM under Part 4 of EA 2002), after subsection (12) insert— (13) In…

The Office of Gas and Electricity Markets (Ofgem)

In section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition), after subsection (10) insert— (11) In making any decision, or otherwise…

Sch. 29 para. 9

In section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) at the end insert— (8) In making any decision, or otherwise taking…

The Office of Rail and Road (ORR)

In section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) at the end insert— (11) In making any decision, or otherwise taking…

The Payment Systems Regulator

(1) The Financial Services (Banking Reform) Act 2013 is amended as follows. (2) In section 59 (functions of the Payment Systems Regulator under Part 4 of EA…

The Water Services Regulation Authority (Ofwat)

In section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) at the end insert— (10) In making any decision, or otherwise…

Competition Act 1980 (c. 21)

The Competition Act 1980 is amended as follows.

Sch. 30 para. 2

In section 11B(1) (references under section 11: powers of investigation and penalties), in the words before paragraph (a)— (a) after “shall apply,” insert “as…

Sch. 30 para. 3

In section 11C(1) (references under section 11: further supplementary provisions), in the words before paragraph (a)— (a) after “shall apply” insert “, as it…

Sch. 30 para. 4

In section 11D(7) (interim orders), in paragraph (d), after “penalties)” insert “as it had effect immediately before the date on which section 143 of the…

Telecommunications Act 1984 (c. 12)

In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information), in subsection (3)— (a) omit paragraph (v); (b) after…

Companies Act 1985 (c. 6)

In paragraph 17 of Schedule 15D to the Companies Act 1985 (disclosures), after sub-paragraph (m) insert— (n) the following provisions of the Digital Markets…

Airports Act 1986 (c. 31)

In section 74 of the Airports Act 1986 (restriction on disclosure of information), in subsection (3)— (a) omit paragraph (v); (b) after paragraph (y) insert—…

Gas Act 1986 (c. 44)

(1) Section 41EB of the Gas Act 1986 (references under section 41E: application of EA 2002) is amended as follows. (2) In subsection (1), in the words before…

Water Act 1989 (c. 15)

In section 174 of the Water Act 1989 (general restrictions on disclosure of information), in subsection (3)— (a) omit paragraph (lp); (b) after paragraph (o)…

Electricity Act 1989 (c. 29)

(1) Section 56CB of the Electricity Act 1989 (references under section 56C: application of EA 2002) is amended as follows. (2) In subsection (1), in the words…

Water Industry Act 1991 (c. 56)

The Water Industry Act 1991 is amended as follows.

Sch. 30 para. 12

(1) Section 14B (references under section 14: powers of investigation) is amended as follows. (2) In subsection (1), in the words before paragraph (a)— (a)…

Sch. 30 para. 13

(1) Section 16B (CMA’s power of veto following report: supplementary) is amended as follows. (2) In subsection (6), in the words before paragraph (a)— (a)…

Sch. 30 para. 14

(1) Section 17M (references under section 17K: powers of investigation) is amended as follows. (2) In subsection (1), in the words before paragraph (a)— (a)…

Sch. 30 para. 15

(1) Section 17Q (section 17P: supplementary) is amended as follows. (2) In subsection (6), in the words before paragraph (a)— (a) after “shall apply,” insert…

Sch. 30 para. 16

In Part 2 of Schedule 15 (enactments etc in respect of which disclosure may be made)— (a) at the end of the list insert— The following provisions of the…

Railways Act 1993 (c. 43)

The Railways Act 1993 is amended as follows.

Sch. 30 para. 18

(1) Section 13B (references under section 13: application of EA 2002) is amended as follows. (2) In subsection (1), in the words before paragraph (a)— (a)…

Sch. 30 para. 19

(1) Section 15C (sections 15A and 15B: supplementary) is amended as follows. (2) In subsection (2D), in the words before paragraph (a)— (a) after “shall…

Sch. 30 para. 20

In section 145 (general restrictions on disclosure of information), in subsection (3)— (a) omit paragraph (qu); (b) after paragraph (v) insert— (w) the…

Sch. 30 para. 21

Schedule 4A (review of access charges by the Office of Rail and Road) is amended as follows.

Sch. 30 para. 22

(1) Paragraph 10A (references under paragraph 9: application of EA 2002) is amended as follows. (2) In sub-paragraph (1), in the words before paragraph (a)—…

Sch. 30 para. 23

(1) Paragraph 15 (paragraphs 13 and 14: supplementary) is amended as follows. (2) In sub-paragraph (2D), in the words before paragraph (a)— (a) after “shall…

Coal Industry Act 1994 (c. 21)

In section 59 of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority), in subsection (4)— (a) omit paragraph (q); (b) after…

Greater London Authority Act 1999 (c. 29)

In section 235 of the Greater London Authority Act 1999 (restrictions on disclosure of information), in subsection (3)— (a) omit paragraph (ru); (b) after…

Utilities Act 2000 (c. 27)

In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (6)— (a) omit paragraph (w); (b) after paragraph…

Transport Act 2000 (c. 38)

In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3(3)— (a) after paragraph (rh) insert— (ri) the following provisions of the…

Communications Act 2003 (c. 21)

In section 393 of the Communications Act 2003 (general restrictions on disclosure of information), in subsection (5)— (a) omit paragraph (q); (b) after…

Wireless Telegraphy Act 2006 (c. 36)

In section 111 of the Wireless Telegraphy Act 2006 (general restrictions), in subsection (6)— (a) omit paragraph (o); (b) after paragraph (p) insert— (q) the…

Companies Act 2006 (c. 46)

In Part 2 of Schedule 2 to the Companies Act 2006 (specified descriptions of disclosures), in section (A) (United Kingdom), in paragraph 25, after paragraph…

Legal Services Act 2007 (c. 29)

In section 60(9) of the Legal Services Act 2007 (duties of the CMA), in the words before paragraph (a)— (a) after “apply”, in the first place it occurs, insert…

Postal Services Act 2011 (c. 5)

In section 60(6) of the Postal Services Act 2011 (section 59: supplementary), in paragraph (a), after “CMA),” insert “as they had effect immediately before the…

Civil Aviation Act 2012 (c. 19)

In Schedule 6 to the Civil Aviation Act 2012 (restrictions on disclosure of information), in paragraph 4— (a) in sub-paragraph (3), in the list of relevant…

Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))

The Energy (Northern Ireland) Order 2003 is amended as follows.

Sch. 30 para. 35

In Article 63 (general restrictions on disclosure of information), in paragraph (6)— (a) omit sub-paragraph (w); (b) after sub-paragraph (x) insert— (y) the…

Sch. 30 para. 36

(1) In Schedule 2 (orders altering licensable activities), paragraph 5 (references under paragraph 3: application of EA 2002) is amended as follows. (2) In…

Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)

The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

Sch. 30 para. 38

(1) Article 5 (references: powers of investigation) is amended as follows. (2) In paragraph (1), in the words before sub-paragraph (a)— (a) after “shall…

Sch. 30 para. 39

(1) Article 10 (Article 9: supplementary) is amended as follows. (2) In paragraph (3), in the words before sub-paragraph (a)— (a) after “shall apply,” insert…

Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

Sch. 30 para. 41

(1) Article 23 (references under Article 21: powers of investigation) is amended as follows. (2) In paragraph (1), in the words before sub-paragraph (a)— (a)…

Sch. 30 para. 42

(1) Article 27 (CMA’s power of veto following report: supplementary) is amended as follows. (2) In paragraph (6), in the words before sub-paragraph (a)— (a)…

Sch. 30 para. 43

In Article 265 (restrictions on disclosure of information), in paragraph (5)— (a) omit sub-paragraph (s); (b) after sub-paragraph (t) insert— (u) the following…

Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (S.I. 2011/2749)

In Article 3 of the Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (application of sections…

Postal Services Act 2011 (Disclosure of Information) Order 2012 (S.I. 2012/1128)

In Article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012, in the list of prescribed enactments— (a) omit the entry for the Consumer…