Digital Markets, Competition and Consumers Act 2024

(44B) (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4)); (b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person’s activities are being investigated as part of an investigation under section 25, or (b) the person has a UK connection. (4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or (b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section). (5) For the purposes of subsection (3)(b), a person has a UK connection if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (6) In subsection (5)(a) “United Kingdom national” means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who is a British subject under the British Nationality Act 1981; (c) a British protected person within the meaning of that Act. (7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.

16

In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary: investigation powers), after section 109A insert—

(109B) (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 109(2) or (3). (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsection (3)); (b) require the production of documents, or the supply of information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 109(2) or (3) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is, or was, part of, or involved with or carrying on, an enterprise which has or may have ceased, or may cease, to be a distinct enterprise in circumstances where a reference has been, or may be, made under section 22, 33, 45, 62, 62B or 68C, or a foreign state intervention notice has been given under section 70A(1), in relation to the enterprise, or (b) the person has a UK connection. (4) For the purposes of subsection (3)(b), a person has a UK connection if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 109(2) or (3) to a person outside the United Kingdom.

17

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

(174ZA) (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5). (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsection (3)); (b) require the production of documents, or the supply of information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (4) In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)). (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.

Schedule 14

Orders and regulations under CA 1998

1

• (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 words before paragraph (a), for “No order is to be made” substitute “An order made”;

• (b) for the words after paragraph (e) substitute “is subject to the affirmative procedure”.

• (3) After subsection (4) insert—

(4A) Regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.

• (4) In subsection (5)—

• (a) in paragraph (a), after “(4)” insert “or (4A)”;

• (b) for the words after paragraph (b) substitute “is subject to the negative procedure”.

• (5) After subsection (5) insert—

(6) Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure. (7) Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (8) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

Orders and regulations under Part 3 of EA 2002

2

• (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 subsection (5)—

• (a) omit “Regulations made by the Secretary of State under section 68A or”;

• (b) after “section 65(3)),” insert “59(6A)(a),”;

• (c) omit “, 94A(3) or (6), 111(4) or (6)”;

• (d) for “shall be subject to annulment in pursuance of a resolution of either House of Parliament” substitute “is subject to the negative procedure”;

• (4) After subsection (5) insert—

(5A) Regulations made under section 68A, 94AB(9) or 111(9) are subject to the negative procedure.

• (5) In subsection (6)—

• (a) for “No order shall be made” substitute “An order made”;

• (b) for “section 59(6A)” substitute “section 59(6A)(b)”;

• (c) for “unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament” substitute “is subject to the affirmative procedure”.

• (6) For subsection (6A) substitute—

(6A) Regulations made under section 70G, 94AB(7) or 111(7A), or paragraph 15 of Schedule 6B, are subject to the affirmative procedure. (6B) Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.

• (7) After subsection (10) insert—

(11) Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (12) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

Orders and regulations under Part 4 of EA 2002

3

• (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 “Orders” insert “and regulations”.

• (3) In subsection (1), after “order” insert “or regulations”.

• (4) In subsection (2), after “order” insert “or regulations”.

• (5) In subsection (4)—

• (a) omit “174D(4) or (5)”;

• (b) for “section 174D” substitute “section 174A(10)”;

• (c) for “shall be subject to annulment in pursuance of a resolution of either House of Parliament” substitute “is subject to the negative procedure”.

• (6) After subsection (4) insert—

(4A) Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.

• (7) In subsection (5)—

• (a) for “No order shall be made” substitute “An order made”;

• (b) for “unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament” substitute “is subject to the affirmative procedure”.

• (8) After subsection (5)—

(5A) Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure. (5B) Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.

• (9) In subsection (10), for “174D” substitute “174A(10)”.

• (10) After subsection (10) insert—

(11) Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (12) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

Schedule 15

Part 1 — Enactments

Part 2 — Obligations and rules of law

Schedule 16

Schedule 17

Introductory

1

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

Penalties for non-compliance with information notices

2

• (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) after paragraph (b) insert—

(c) the circumstances in which a monetary penalty may be payable under this Part of this Schedule in relation to non-compliance with the notice.

• (3) After paragraph 16 insert—

(16A) (1) This paragraph applies where— (a) an enforcer or an officer of an enforcer has given a notice to a person (“the respondent”) under paragraph 14, and (b) the enforcer considers that the respondent has, without reasonable excuse, failed to comply with the notice. (2) The enforcer or an officer of the enforcer may make an application under this paragraph to the court. (3) If the court finds that the respondent has, without reasonable excuse, failed to comply with the notice, the court may make an order that requires the respondent to pay a monetary penalty to the enforcer. (4) The amount of the penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (5) The penalty must not exceed— (a) in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent; (b) in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day. (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the notification date, and (b) unless the court determines an earlier date (whether before or after the order imposing the penalty is made), the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with. (7) An order under this paragraph, or a notice accompanying service of the order, must state— (a) the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (b) the grounds on which the penalty is imposed together with any other factors that the court considers justify the giving of the penalty or its amount; (c) in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate; (d) how the penalty is to be paid to the enforcer; (e) the date or dates, no earlier than the end of 28 days beginning with the date of service of the order on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid; (f) that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; (g) that the respondent has the right to apply under sub-paragraph (8), and the rights available to the respondent to appeal against the order, and the main details of those rights. (8) The respondent may, within 14 days of the date on which an order under this paragraph is served on the respondent, apply to the court for it to specify a different date or dates by which the penalty, or portions of it, are to be paid. (9) An application by an enforcer or officer of an enforcer under this paragraph— (a) may be made in addition to, or instead of, an application under paragraph 16, and (b) where made in addition to an application under paragraph 16, may be combined with the application under that paragraph. (10) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under this paragraph may appeal in respect of the amount of the penalty. (11) Where an appeal is brought in respect of a penalty imposed by virtue of an order under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the court dealing with the appeal orders otherwise. (12) Sub-paragraphs (4) and (5) of paragraph 16 apply to an order under this paragraph as they apply to an order under that paragraph. (13) In the application of this paragraph to Scotland, the references in sub-paragraphs (7) and (8) to an order being served include service of an extract order in execution of or diligence on the order. (14) In this paragraph, other than in sub-paragraph (11)— - “the court” has the same meaning as in paragraph 16; - “the notification date”, in relation to an order under this paragraph, means the date on which notice of the application for the order is given to the respondent. (16B) (1) This paragraph applies where— (a) the CMA has given a notice to a person (“the respondent”) under paragraph 14, and (b) the CMA has reasonable grounds to believe that the respondent has failed to comply with the notice. (2) The CMA may give to the respondent a notice under this paragraph (a “provisional enforcement notice”). (3) A provisional enforcement notice must— (a) set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the giving of the notice; (b) specify such actions as the CMA considers appropriate to be taken by the respondent for the purposes of securing compliance with the notice under paragraph 14; (c) invite the respondent to make representations to the CMA about the matters set out in the notice; (d) specify the means by which, and the time by which, such representations must be made. (4) The means specified under sub-paragraph (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way. (5) If the CMA is considering the imposition of a monetary penalty on the respondent (see paragraph 16C), the provisional enforcement notice must also state— (a) that the CMA is considering imposing a monetary penalty; (b) the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (c) any further factors (in addition to those provided under sub-paragraph (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts. (16C) (1) This paragraph applies where— (a) the CMA has given to the respondent a provisional enforcement notice under paragraph 16B in respect of a notice given to the respondent under paragraph 14, (b) the time for the respondent to make representations to the CMA in accordance with the provisional enforcement notice has expired, and (c) after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with the notice given under paragraph 14. (2) The CMA may by notice (a “final enforcement notice”) impose on the respondent a requirement to do either or both of the following— (a) a requirement to pay a monetary penalty; (b) a requirement to comply with such directions as the CMA considers appropriate for the purpose of securing the respondent’s compliance with the notice under paragraph 14. (3) A requirement under sub-paragraph (2)(a) to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent’s failure in question is without reasonable excuse. (4) The amount of a monetary penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (5) The penalty must not exceed— (a) in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent; (b) in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day. (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the date on which the provisional enforcement notice mentioned in sub-paragraph (1)(a) was given to the respondent, and (b) unless the CMA determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with. (7) A final enforcement notice that imposes a penalty on the respondent must state— (a) the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (b) the grounds on which the penalty is imposed together with any other factors that the CMA considers justify the giving of the penalty or its amount; (c) in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate; (d) how the penalty is to be paid to the CMA; (e) the date or dates, no earlier than the end of 28 days beginning with the date of service of the notice on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid; (f) that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; (g) that the respondent has the right to apply under sub-paragraph (8), or to appeal under paragraph 16D, and the main details of those rights. (8) The respondent may, within 14 days of the date of service of the notice, apply to the CMA for it to specify a different date or dates by which the penalty, or different portions of it, are to be paid. (9) In deciding whether, and if so how, to proceed under this paragraph the CMA must have regard to the statement of policy most recently published under paragraph 16F at the time of the act or omission giving rise to the penalty. (10) The CMA may publish a notice given under this paragraph in such manner as it considers appropriate. (11) Sections 191 to 196 of the Digital Markets, Competition and Consumers Act 2024 apply to a direction given in a notice under this paragraph as if the direction were an enforcement direction for the purposes of those sections. (16D) (1) A person to whom a final enforcement notice is given may appeal to the appropriate court against— (a) a decision to impose a monetary penalty by virtue of the notice, (b) the nature or amount of any such penalty, or (c) the giving of directions by virtue of the notice. (2) The grounds for an appeal under sub-paragraph (1)(a) or (b) are that— (a) the decision to impose a monetary penalty was based on an error of fact, (b) the decision was wrong in law, (c) the amount of the penalty is unreasonable, or (d) the decision was unreasonable or wrong for any other reason. (3) The grounds for an appeal under sub-paragraph (1)(c) are that— (a) the decision to give the directions was based on an error of fact, (b) the decision was wrong in law, (c) the nature of the directions is unreasonable, or (d) the decision was unreasonable or wrong for any other reason. (4) On an appeal under this paragraph the appropriate court may quash, confirm or vary the final enforcement notice. (5) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the final enforcement notice was given to the person seeking to bring the appeal. (6) The appropriate court may extend the period mentioned in sub-paragraph (5) for bringing an appeal. (7) Where an appeal is brought under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the appropriate court orders otherwise. (8) In this paragraph “the appropriate court” means— (a) in relation to England and Wales or Northern Ireland, the High Court, and (b) in relation to Scotland, the Outer House of the Court of Session. (16E) (1) This paragraph applies where a penalty imposed by a final enforcement notice given under paragraph 16C, or any part of such a penalty, has not been paid by the date on which it is required to be paid and— (a) an appeal under paragraph 16D has not been brought before the end of the period mentioned in sub-paragraph (5) of that paragraph, or (b) any such appeal that was brought has been determined, withdrawn or otherwise disposed of. (2) The CMA may recover from the person on whom the penalty was imposed any of the penalty and any interest which has not been paid. (3) Any such penalty and interest may be recovered summarily (or, in Scotland, recovered) as a civil debt by the CMA. (16F) (1) The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C. (2) The statement must include a statement about the considerations relevant to the determination of— (a) whether to impose a penalty under that paragraph, and (b) the nature and amount of any such penalty. (3) The CMA may revise its statement of policy and, where it does so, must publish the revised statement. (4) In preparing or revising its statement of policy the CMA must consult— (a) the Secretary of State, and (b) such other persons as the CMA considers appropriate. (5) A statement of policy, or revised statement, may not be published under this paragraph without the approval of the Secretary of State. (16G) (1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time carries interest at the statutory rate. (2) Where an application has been made under paragraph 16A(8) or 16C(8), the penalty is not required to be paid until the application has been determined, withdrawn or otherwise disposed of. (3) If a portion of a penalty has not been paid by the date required for it, the enforcer to whom it is payable may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid (and is capable of being paid immediately) to be paid immediately. (4) Where on an appeal under paragraph 16D the appropriate court substitutes a penalty of a different nature or of a lesser amount, the court may require the payment of interest at the statutory rate on the substituted penalty from whatever date it considers appropriate (which may include a date before the determination of the appeal). (5) In the case of a monetary penalty imposed on a firm, the penalty is to be paid out of the assets or funds of the firm. (6) Sums received from a person towards payment of a monetary penalty must be paid— (a) in the case of a penalty imposed by an order of the Court of Session or the Sheriff, into the Scottish Consolidated Fund; (b) in the case of a penalty imposed by an order of a court in Northern Ireland, into the Consolidated Fund of Northern Ireland; (c) in any other case, into the Consolidated Fund of the United Kingdom. (7) In this paragraph— - “penalty” means a penalty imposed under paragraph 16A or 16C; - “statutory rate” means the rate for the time being specified in section 17 of the Judgments Act 1838. (16H) (1) References to “turnover” of a person in paragraphs 16A and 16C include— (a) turnover both in and outside the United Kingdom; (b) where the person controls another person, the turnover of that other person; (c) where the person is controlled by another person, the turnover of that other person. (2) The Secretary of State may by regulations— (a) make provision for determining when a person is to be treated as controlled by another person for the purposes of sub-paragraph (1); (b) make provision for determining the turnover of a person for those purposes. (3) Regulations under this paragraph may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising a person’s turnover or daily turnover; (b) the date or dates by references to which a person’s turnover or daily turnover is to be determined. (4) Regulations under this paragraph may include provision enabling the court (within the meaning of paragraph 16A) or the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of sub-paragraph(3)). (5) Regulations under this paragraph are to be made by statutory instrument. (6) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. (16I) (1) The Secretary of State may by regulations amend the following provisions of this Schedule for the purpose of substituting a different monetary amount for an amount of fixed or daily penalty for the time being specified— (a) paragraph 16A(5)(a) and (b); (b) paragraph 16C(5)(a) and (b). (2) Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate. (3) Regulations under this paragraph are to be made by statutory instrument. (4) Regulations under this paragraph may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (16J) (1) The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to the person a final enforcement notice under paragraph 16C in respect of that failure. (2) The CMA may not give a person a final enforcement notice under paragraph 16C in respect of a failure to comply with a notice under paragraph 14 if— (a) the CMA has made an application under paragraph 16A against the person in respect of that failure, and (b) the application has been determined by the court (within the meaning of that paragraph).

Extra-territorial application in relation to notices

3

After paragraph 17 insert—

(17A) (1) This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom; (b) require the provision of information held outside the United Kingdom. (3) Sub-paragraph (4) applies where— (a) an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and (b) the enforcer does not consider that the person is a potential enforcement subject. (4) Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection. (5) A person has a UK connection if the person— (a) is a United Kingdom national, (b) is an individual who is habitually resident in the United Kingdom, (c) is a firm established in the United Kingdom, or (d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom. (6) For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer— (a) to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P; (b) to ascertain whether P has breached any legislation mentioned in paragraph 13(4); (c) to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b); (d) to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P. (7) In sub-paragraph (5)(a) “United Kingdom national” means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who is a British subject under the British Nationality Act 1981; (c) a British protection person within the meaning of that Act. (8) For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if— (a) it is incorporated or formed under the law of a part of the United Kingdom, or (b) it is administered under arrangements governed by the law of a part of the United Kingdom. (9) References in this paragraph to an enforcer include an officer of an enforcer.

Means of giving notices

4

After paragraph 17A (inserted by paragraph 3 above) insert—

(17B) (1) This paragraph applies in relation to a notice given to a person under this Part of this Schedule. (2) The notice may be given by— (a) delivering it to the person, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sending it to the person by email to the person’s email address. (3) A notice to a body corporate may be given in accordance with sub-paragraph (2) to any officer of that body. (4) A notice to a partnership may be given in accordance with sub-paragraph (2) to any partner or a person who has the control or management of the partnership business. (5) A notice to a firm other than a body corporate or a partnership may be given in accordance with sub-paragraph (2) to any member of the governing body of the firm. (6) A person’s proper address is— (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address; (b) in any other case, the address determined in accordance with sub-paragraph (7). (7) A person’s proper address is (if sub-paragraph (6)(a) does not apply)— (a) in the case of a body corporate, its registered or principal office; (b) in the case of a partnership, the principal office of the partnership; (c) in the case of a firm other than a body corporate or a partnership, the principal office of the firm; (d) in a case where none of paragraphs (a) to (c) apply, any address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person. (8) A person’s email address is— (a) any email address published for the time being by that person as an address for contacting that person, or (b) if there is no such published address, any email address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person. (9) In the case of— (a) a body corporate registered outside the United Kingdom, (b) a partnership carrying on business outside the United Kingdom, or (c) any other type of firm with offices outside the United Kingdom, references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities. (10) In this paragraph “officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body. (11) This paragraph does not limit other lawful means of giving notice.

Access to documents

5

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 “documents on” insert “, or accessible from,”, and

• (ii) after “with” insert “, or access to them would otherwise be restricted,”.

Meaning of “firm”

6

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 includes a body corporate, a corporation sole and a partnership or other unincorporated association;

.

Schedule 18

Estate Agents Act 1979

1

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 “section 217, 218 or 219 of the Enterprise Act 2002” substitute “section 156, 159, 163 or 185 of the Digital Markets, Competition and Consumers Act 2024”;

• (b) in paragraph (bb) for “section 217 of the Enterprise Act 2002” substitute “section 156 of the Digital Markets, Competition and Consumers Act 2024”;

• (c) after paragraph (bb) insert—

(bc) has failed to comply with a requirement imposed by a final infringement notice given under section 182 of that Act in relation to estate agency work; or

.

Companies Act 1985

2

• (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 of the Digital Markets, Competition and Consumers Act 2024”;

• (b) for “that Part” substitute “that Chapter”.

• (3) In paragraph 27 for “section 230(2) of the Enterprise Act 2002” substitute “section 171(2) of the Digital Markets, Competition and Consumers Act 2024”.

Enterprise Act 2002

3

EA 2002 is amended as follows.

4

Omit Part 8 (including Schedule 13).

5

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

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 purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”.

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 Consumers Act 2024.

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 Act 2024.

Companies Act 2006

9

• (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 “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (ii) for “that Part” substitute “that Chapter”;

• (b) in paragraph 36 for the words after “under” to the end substitute “section 171(2) of the Digital Markets, Competition and Consumers Act 2024”.

• (3) In Schedule 11A—

• (a) in paragraph 42, for the words after “under” to the end substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law)”;

• (b) in paragraph 51 for the words after “under” to the end substitute “section 171(2) of the Digital Markets, Competition and Consumers Act 2024 (notice of intention to prosecute etc)”.

Regulatory Enforcement and Sanctions Act 2008

10

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert—

• Digital Markets, Competition and Consumers Act 2024, Chapters 3 and 4 of Part 3

.

Consumer Rights Act 2015

11

• (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 (2) for paragraph (b) substitute—

(b) an authorised enforcer for the purposes of that Part (see paragraph 20(7)).

• (3) Omit paragraph 4 (including the heading before it).

• (4) In paragraph 5 for the words from “which—” to the end substitute

which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(1) of that Act), but for this purpose does not include— (a) the Competition and Markets Authority, (b) a local weights and measures authority in Great Britain, or (c) the Department for the Economy in Northern Ireland.

• (5) In paragraph 8—

• (a) omit the definition of “Schedule 13 infringement”;

• (b) in the definition of “enforcement order” for “section 217 of the Enterprise Act 2002” substitute “section 156 of the Digital Markets, Competition and Consumers Act 2024”;

• (c) in the definition of “interim enforcement order” for “section 218” substitute “section 159”;

• (d) in the definition of “interim online interface order” for “section 218ZC” substitute “section 162”;

• (e) in the definition of “online interface order” for “section 218ZB” substitute “section 161”.

• (6) In paragraph 13—

• (a) in sub-paragraph (2)—

• (i) in paragraph (a) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (ii) in paragraph (b) after “under” insert “Chapter 3 of”;

• (iii) in paragraph (e) for the words from “section 217(9),” to the end substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (b) in sub-paragraph (3)—

• (i) in the opening words, for “Britain,” substitute “Britain or” and omit “or a Schedule 13 enforcer other than the Competition and Markets Authority”;

• (ii) in paragraph (a) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (iii) in paragraph (c) for “section 217(9) or 218(10) of the Enterprise Act 2002” substitute “section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024”;

• (iv) in paragraph (d) for “section 219” substitute “section 163”;

• (c) in sub-paragraph (10) for the words from “which—” to the end substitute “which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act)”.

• (7) In the heading to Part 4 (before paragraph 19), for “Schedule 13” substitute “authorised”.

• (8) In the heading before paragraph 20, for “Schedule 13” substitute “authorised”.

• (9) In paragraph 20—

• (a) in sub-paragraph (1) for “a Schedule 13” substitute “an authorised”;

• (b) in sub-paragraph (2)—

• (i) for “a Schedule 13”, where it first occurs, substitute “an authorised”;

• (ii) for the words from “Part 8” to the end substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (c) in sub-paragraph (3)—

• (i) in the opening words, for “Schedule 13” substitute “authorised”;

• (ii) in paragraph (a), for “Schedule 13” substitute “relevant”;

• (iii) in paragraph (c), for “section 217(9) or 218(10) of the Enterprise Act 2002” substitute “section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024”;

• (iv) in paragraph (d), for “section 219” substitute “section 163”;

• (d) in sub-paragraph (3A)—

• (i) in the opening words, for “A Schedule 13” substitute “An authorised”;

• (ii) in paragraph (b) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (e) in sub-paragraph (4)—

• (i) in the opening words, for “A Schedule 13” substitute “An authorised”;

• (ii) in paragraph (b) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (f) in sub-paragraph (5)—

• (i) in the opening words, for “A Schedule 13” substitute “An authorised”;

• (ii) in paragraph (a) for “Schedule 13” substitute “relevant”;

• (iii) in paragraph (b) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (g) in sub-paragraph (6)—

• (i) for “A Schedule 13” substitute “An authorised”;

• (ii) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024”;

• (h) after sub-paragraph (6) insert—

(7) Each of the following is an “authorised enforcer” for the purposes of this Part of this Schedule— (a) the Competition and Markets Authority; (b) the Civil Aviation Authority; (c) the Financial Conduct Authority; (d) the Secretary of State; (e) the Department of Health in Northern Ireland; (f) the Office of Communications; (g) the Department for the Economy in Northern Ireland; (h) every local weights and measures authority in Great Britain; (i) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003; (j) the Information Commissioner; (k) the Department for Infrastructure in Northern Ireland; (l) the Maritime and Coastguard Agency; (m) the Office of Rail and Road; (n) the Office for the Traffic Commissioner. (8) In this paragraph “relevant infringement” means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.

• (10) After paragraph 20 insert—

(20A) The enactments referred to in paragraph 20(8) are the following— - Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements. - Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977, to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982, and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018. - The Unfair Terms in Consumer Contracts Regulations 1999, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property. - The Consumer Protection (Distance Selling) Regulations 2000, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. - Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003. - Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002. - Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002, to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. - Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. - The Price Marking Order 2004. - Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. - The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000. - The Price Marking Order (Northern Ireland) 2004. - The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005. - Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. - Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations. - Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008. - The Consumer Protection from Unfair Trading Regulations 2008. - The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. - Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community. - The Provision of Services Regulations 2009. - The Rail Passengers’ Rights and Obligations Regulations 2010. - Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway. - The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010. - Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004. - Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012. - Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012. - The Merchant Shipping (Passengers’ Rights) Regulations 2013. - The Operation of Air Services in the Community (Pricing etc.) Regulations 2013. - The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013. - The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. - The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014. - The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014. - The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014. - Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. - Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, this Act. - Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions. - Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015. - The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017. - The Package Travel and Linked Travel Arrangements Regulations 2018. - Part 4 of the Digital Markets, Competition and Consumers Act 2024.

• (11) In paragraph 32, in sub-paragraph (3)—

• (a) in paragraph (b)—

• (i) for “a Schedule 13 enforcer” substitute “an authorised enforcer”;

• (ii) for “Schedule 13 infringement” substitute “relevant infringement (as defined by paragraph 20(8))”;

• (b) in paragraph (c) for “a Schedule 13 enforcer” substitute “an authorised enforcer”.

• (12) In paragraph 41, in sub-paragraph (4)—

• (a) in the opening words, for “a Schedule 13 enforcer” substitute “an authorised enforcer for the purposes of Part 4 of this Schedule (see paragraph 20(7))”;

• (b) in paragraph (a) for “Schedule 13 infringement” substitute “relevant infringement (as defined by paragraph 20(8))”.

• (13) In paragraph 45, in sub-paragraph (1), for paragraph (a) substitute—

(a) Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024,

.

Schedule 19

Interpretation

1

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— takes place before the commencement date, and is repeated, or continues to take place, on or after that date;

• “enforcement action”— in relation to the new law, means proceedings or other steps taken by virtue of a power conferred under the new law, and in relation to the old law, means proceedings or other steps taken by virtue of a power conferred under the old law;

• “the new law” means Chapters 3 and 4 of Part 3 (and any provisions of law relating to those Chapters, including Schedule 5 to CRA 2015 as amended by this Act);

• “the old law” means— Part 8 of EA 2002, as that Part had effect immediately before the commencement date, and any provisions of law (including in particular Schedule 5 to CRA 2015) relating to Part 8 of EA 2002, as those provisions had effect immediately before the commencement date.

General rules

2

• (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 enforcement action relating to a breach of an order made by, or undertaking given to, the court under the old law;

• (c) in a case where proceedings before a court under the old law have been started against a person before the commencement date, for the purposes of the continuation and completion of those proceedings (including any appeals relating to the proceedings).

• (2) In sub-paragraph (1)(c) the reference to proceedings being started against a person is a reference to an application being made against the person under section 215 or 218ZA of EA 2002.

• (3) This paragraph is subject to—

• (a) paragraph 3, which makes rules for cases involving continuing conduct, and

• (b) paragraph 4, which makes rules for cases involving breach of undertakings given to enforcers.

Rules applicable to continuing conduct

3

• (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) The new law also applies in respect of the person’s pre-commencement conduct for the purposes of enabling the taking of enforcement action under Chapter 3 or 4 of Part 3 in relation to that conduct.

• (4) Where the new law applies by virtue of sub-paragraph (3), a requirement under Chapter 3 or (as the case may be) Chapter 4 may be imposed on a person in respect of the relevant infringement in relation to which the enforcement action is taken only if a requirement of a corresponding kind could have been imposed on the person under the old law (and accordingly a monetary penalty, in particular, may not be imposed on the person).

• (5) In applying the new law in accordance with this paragraph in respect of a person’s post-commencement conduct, regard may be had to, and findings of fact or law may be made in respect of, the person’s pre-commencement conduct so far as necessary or appropriate for the purposes of determining any matter that falls to be determined in the application of the new law.

• (6) In this paragraph—

• “post commencement conduct” means so much of a person’s continuing conduct as takes place on or after the commencement date;

• “pre-commencement conduct” means so much of a person’s continuing conduct as takes place before the commencement date.

Rules applicable to undertakings given to enforcers under the old law

4

• (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 breach of the undertaking, whether the breach takes place before, on or after the commencement date, may be taken only under the old law.

• (3) Sub-paragraph (4) applies where a breach of the undertaking—

• (a) takes place (to any extent) on or after the commencement date, and

• (b) it appears to an enforcer that the act or omission comprising the breach, so far as taking place on or after that date—

• (i) is also a commercial practice which constitutes a relevant infringement under the new law, or

• (ii) is carried out by a person who is an accessory under the new law to such a commercial practice.

• (4) Enforcement action in respect of the act or omission may be taken—

• (a) under the new law, or

• (b) if the act or omission would also be a domestic or Schedule 13 infringement for the purposes of the old law, under the old law.

• (5) It is for the enforcer concerned to determine whether to take enforcement action under the new law or the old law in accordance with sub-paragraph (4).

• (6) A breach of an undertaking that first takes place before the commencement date is to be treated for the purposes of this paragraph as also taking place on or after that date if the act or omission comprising the breach is repeated or continued on or after that date.

Information notices under Schedule 5 to CRA 2015

5

• (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 an information notice given on or after the commencement date.

• (2) In sub-paragraph (1) “information notice” means a notice given under paragraph 14 of Schedule 5 to CRA 2015.

Further provision

6

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 the new law.

Schedule 20

1

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

2

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

3

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

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 is false, or

• (b) the terms of the approval, endorsement or authorisation have not been, or are not being, complied with.

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 the trader to offer those products, or equivalent products, for supply at that price, in reasonable quantities, for a reasonable period of time (or to procure another trader to do so), and

• (b) the trader does not disclose that fact.

• (2) In sub-paragraph (1), the references to reasonable quantities and a reasonable period of time are references to what is reasonable having regard to—

• (a) the nature of the product,

• (b) the extent of advertising for the product, and

• (c) the price offered for the product.

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 it or deliver it within a reasonable time, or

• (c) demonstrating a defective sample of it,

with the intention of promoting a different product.

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 elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

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 communication with the consumer for, or prior to, the transaction without clearly disclosing this to the consumer before the consumer committed to the transaction.

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 from, any particular country or location.

10

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

11

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

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 sounds clearly identifiable by the consumer.

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 incentivised.

• (2) Publishing consumer reviews, or consumer review information, in a misleading way.

• (3) Publishing consumer reviews, or consumer review information, without taking such reasonable and proportionate steps as are necessary for the purposes of—

• (a) preventing the publication of—

• (i) fake consumer reviews,

• (ii) consumer reviews that conceal the fact they have been incentivised, or

• (iii) consumer review information that is false or misleading, and

• (b) removing any such reviews or information from publication.

• (4) Offering services to traders—

• (a) for the doing of anything covered by sub-paragraph (1) or (2);

• (b) for the facilitating of anything covered by sub-paragraph (1) or (2) to be done.

• (5) For the purposes of this paragraph—

• (a) “consumer review” means a review of a product, a trader or any other matter relevant to a transactional decision;

• (b) “fake consumer review” means a consumer review that purports to be, but is not, based on a person’s genuine experience;

• (c) a consumer review conceals the fact it has been incentivised if—

• (i) a person has been commissioned to submit or write the review, and

• (ii) that fact is not made apparent (whether through the contents of the review or otherwise);

• (d) “consumer review information” means information that is derived from, or is influenced by, consumer reviews;

• (e) a person “submits” a review or information if they supply it with a view to publication;

• (f) “writing” includes creating by any means;

• (g) “commissioning” includes incentivising by any means (and “commissioned” is to be read accordingly);

• (h) “publishing” includes disseminating, or otherwise making available, by any means;

• (i) publishing in a “misleading way” includes (for example)—

• (i) failing to publish, or removing from publication, negative consumer reviews whilst publishing positive ones (or vice versa);

• (ii) giving greater prominence to positive consumer reviews over negative ones (or vice versa);

• (iii) omitting information that is relevant to the circumstances in which a consumer review has been written (including that a person has been commissioned to write the review).

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 consumer’s family or anyone living in the consumer’s home, if the consumer does not purchase the product.

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 product is made by that same manufacturer when it is not.

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 gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the supply or consumption of products.

17

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

18

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

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) modify a person’s appearance.

• (2) For the purposes of sub-paragraph (1), “disease” includes any injury, ailment or adverse condition, whether of body or mind.

20

Providing (including passing on) materially inaccurate information about market conditions or about the availability of the product with the intention of inducing the consumer to acquire the product under conditions that are less favourable than normal market conditions.

21

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

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 fact either—

• (a) there is no prize or other equivalent benefit, or

• (b) taking any action in relation to claiming the prize or other equivalent benefit requires the consumer to pay money or incur a cost.

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 commercial practice and collecting or paying for delivery of the item.

24

Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that the consumer has already ordered the marketed product when the consumer has not.

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 as a consumer.

26

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

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 obligation.

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 to enforce a contractual obligation.

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 was valid, or failing systematically to respond to correspondence, in order to dissuade a consumer from exercising the consumer’s contractual rights.

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 them.

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 products, or

• (c) safely stores the products.

32

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

Schedule 21

Administration of Justice Act 1970 (c. 31)

1

In section 40(3A) of the Administration of Justice Act 1970 (punishment for unlawful harassment of debtors), for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Trade Descriptions Act 1968 (c. 29)

2

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 “has the same meaning as in Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 and, for the purposes of this section, a commercial practice is unfair if it would be unfair for the purposes of that Chapter”.

Hallmarking Act 1973 (c. 43)

3

In section 1 of the Hallmarking Act 1973 (prohibited descriptions of unhallmarked articles)—

• (a) in subsection (4C) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”;

• (b) in subsection (4D) for the words from “satisfying” to “action)” substitute “an unfair commercial practice involving a misleading action for the purposes of that Chapter”.

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

4

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 rights of redress under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;

.

Companies Act 1985 (c. 6)

5

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

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

6

• (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 Northern Ireland) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

• (3) In section 114B(15) (forfeiture of infringing copies, etc.: Scotland), in paragraph (d) in the definition of “relevant offence”, for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

• (4) In section 204A(2)(bb) (forfeiture of illicit recordings: England and Wales or Northern Ireland), for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

• (5) In section 204B(15) (forfeiture of illicit recordings: Scotland), in paragraph (d) in the definition of “relevant offence” for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.