Digital Markets, Competition and Consumers Act 2024

Type Public General Act
Publication 2024-05-24
Last updated 2026-04-06
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (6) In section 297C(2)(bb) (forfeiture of unauthorised decoders: 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”.
  • (7) In section 297D(15) (forfeiture of unauthorised decoders: 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”.

Trade Marks Act 1994 (c. 26)

7
  • (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 (d) substitute—

(d) Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.

  • (3) In section 97(8)(d) (forfeiture; 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”.
  • (4) In section 98(14) (forfeiture; 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”.

Enterprise Act 2002 (c. 40)

8

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, Competition and Consumers Act 2024.

;

  • (b) in Schedule 15 (enactments conferring functions) at the appropriate place insert—
  • Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.

Licensing Act 2003 (c. 17)

9

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 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Companies Act 2006 (c. 46)

10

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)

11

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 Markets, Competition and Consumers Act 2024, Chapter 1 of Part 4.

Consumer Rights Act 2015 (c. 15)

12
  • (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 the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277);”;
  • (b) at the appropriate place insert—
  • section 231(1), (2) or (3) of the Digital Markets, Competition and Consumers Act 2024.
  • (3) In paragraph 18(b) for “the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Online Safety Act 2023 (c. 50)

13
  • (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 2008 (SI 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.
  • (3) In section 74(3) (interpretation of Chapter)—
  • (a) in paragraph (b) for “the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”;
  • (b) in paragraph (c) for “those Regulations (see regulation 19 of those Regulations)” substitute “that Chapter (see section 231 of that Act).
  • (4) In section 218(3)(b) (power to amend section 40) for “the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.
  • (5) In section 222(6)(b) (power to amend Schedule 7) for “the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Schedule 22

Utilities

1
  • (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 consumer for the supply of gas to any premises.
  • (3) A contract between a heat supplier and a consumer for the supply of heating, cooling or hot water by means of a relevant heat network.
  • (4) In England and Wales, a contract between a licensed water supplier, or licensed sewerage supplier, and a consumer for the supply of water or sewerage services.
  • (5) In Scotland, a contract between a licensed water supplier, or licensed sewerage supplier, and a consumer for the supply of water or sewerage services.
  • (6) In Northern Ireland—
  • (a) a contract between a water undertaker and a consumer for the supply of water pursuant to Article 94 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21));
  • (b) a contract between a sewerage undertaker and a consumer for the supply of sewerage services pursuant to Chapter 3 of Part 6 of that Order.
  • (7) In this paragraph—
  • electricity supplier” means a person who is authorised to supply electricity— by a licence under Part 1 of the Electricity Act 1989 or Part 2 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)), by virtue of an exemption granted under the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001 (S.I. 2001/3270), or by virtue of an exemption granted under the Electricity (Class Exemptions from the Requirement for a Licence) Order (Northern Ireland) 2013 (S.I. 2013/93 (N.I. 1));
  • gas supplier” means a person who is authorised to supply gas— by a licence under Part 1 of the Gas Act 1986 or Part 2 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)), or by virtue of the exemption in paragraph 1 of Schedule 2A to the Gas Act 1986;
  • heat supplier” means a person who is authorised to supply heating, cooling or hot water by an authorisation conferred under regulations made under Chapter 1 of Part 8 of the Energy Act 2023;
  • licensed sewerage supplier” means— in relation to England and Wales, a sewerage licensee within the meaning of the Water Industry Act 1991; in relation to Scotland, a person supplying sewerage services under a sewerage services licence within the meaning of the Water Services etc. (Scotland) Act 2005 (asp 3);
  • licensed water supplier” means— in relation to England and Wales, a water supply licensee within the meaning of the Water Industry Act 1991; in relation to Scotland, a person supplying water under a water services licence within the meaning of the Water Services etc. (Scotland) Act 2005;
  • relevant heat network” has the same meaning as in Chapter 1 of Part 8 of the Energy Act 2023;
  • sewerage undertaker” and “water undertaker” have the same meanings as in the Water and Sewerage Services (Northern Ireland) Order 2006.

Insurance and financial services

2

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

Medical prescriptions etc.

3
  • (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 treatment of illness, or otherwise relating to a person’s physical or mental health, and
  • (b) is—
  • (i) made under, or in connection with, a prescription or directions given by a prescriber, or
  • (ii) of a medicinal product which is administered by a prescriber.
  • (2) In sub-paragraph (1)—
  • illness” means physical or mental illness;
  • medicinal product” has the meaning given by regulation 2(1) of the Human Medicines Regulations 2012 (S.I. 2012/ 1916);
  • prescriber”— in relation to a prescription or directions given, or a medicinal product administered, in England, has the meaning given by regulation 2(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349); in relation to a prescription or directions given, or a medicinal product administered, in Wales, has the meaning given by regulation 2 of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I 2020/1073 (W. 241); in relation to a prescription or directions given, or a medicinal product administered, in Scotland, has the meaning given by regulation 2 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (S.S.I. 2009/183) but as if that definition included “a dentist”; in relation to a prescription or directions given, or a medicinal product administered in Northern Ireland, has the meaning given by the Pharmaceutical Services Regulations (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 381).
4
  • (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 where—
  • (a) the supply of goods, services or digital content is under arrangements for the supply of services as part of the health service, and
  • (b) the goods, services or digital content are, at least in some circumstances, supplied under such arrangements free of charge or on prescription.
  • (2) In sub-paragraph (1)—
  • health care professional” means a member of a profession which is regulated by— a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 but as if subsection (3A) of that section were omitted; Social Care Wales; the Scottish Social Services Council; the Northern Ireland Social Care Council;
  • health service” means the health service or system of health care continued under— section 1(1) of the National Health Service Act 2006; section 1(1) of the National Health Service (Wales) Act 2006; section 1(1) of the National Health Service (Scotland) Act 1978; section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
  • relevant list” means— in relation to arrangements which are part of the health service in England— a relevant list for the purposes of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349) (see regulation 2(1)); a list maintained under those Regulations; in relation to arrangements which are part of the health service in Wales— a relevant list for the purposes of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I 2020/1073 (W. 241); a list maintained under those Regulations; in relation to arrangements which are part of the health service in Scotland— the pharmaceutical list prepared under regulation 5 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (S.S.I. 2009/183); the provisional pharmaceutical list prepared under regulation 8 of those Regulations; the primary medical services performers list prepared under regulation 4 of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004 (S.S.I. 2004/114); the dental list prepared under regulation 4 of the National Health Service (General Dental Services) (Scotland) Regulations (S.S.I 2010/208); in relation to arrangements which are part of the health service in Northern Ireland, the pharmaceutical list prepared under regulation 6 of the Pharmaceutical Services Regulations (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 381).

Contracts regulated by OFCOM

5

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 section 45 of the Communications Act 2003.

6
  • (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 section 120 of the Communications Act 2003.
  • (2) In sub-paragraph (1), “premium rate service” has the meaning given by section 120(7) of the Communications Act 2003.
7

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

Rent of residential accommodation

8

A contract under which accommodation is rented for residential purposes.

Delivery of foodstuffs etc. by micro-entity

9
  • (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 consumption in the household where the condition in sub-paragraph (2) or (3) is met.
  • (2) The condition is that the foodstuffs, beverages or other goods—
  • (a) are to be supplied by way of a frequent or regular delivery to the consumer’s home, residence or workplace, and
  • (b) are not to be delivered wholly or mainly by a third party.
  • (3) The condition is that the foodstuffs, beverages or other goods are to be supplied by way of the consumer collecting the goods from the trader’s business premises.
  • (4) For the purposes of sub-paragraph (1), a business is a micro-entity in each financial year, other than its first financial year, that the condition in sub-paragraph (5) or (6) is met in relation to the business.
  • (5) The condition in this sub-paragraph is met if—
  • (a) the business is carried on by a company, and
  • (b) the company qualified as a micro-entity in accordance with section 384A of the Companies Act 2006 in relation to the preceding financial year.
  • (6) The condition in this sub-paragraph is met if—
  • (a) the business is not carried on by a company, but
  • (b) if the business had been carried on by a company, the company would have qualified as a micro-entity in accordance with that section in relation to the preceding financial year.
  • (7) In the first financial year of a business, the business is a micro-entity for the purposes of sub-paragraph (1) if (and for so long as) the person carrying on the business believes on reasonable grounds that the person will qualify as a micro-entity in accordance with section 384A of the Companies Act 2006 in relation to that financial year (or would do so if the person were a company).
  • (8) For the purposes of sub-paragraph (2)(b) goods are delivered by a third party if they are delivered by a person acting for purposes relating to a business other than the trader’s business.
  • (9) In this paragraph—
  • company” has the same meaning as in the Companies Act 2006 (see section 1 of that Act);
  • financial year”— in relation to a business which is carried on by a company, means the company’s financial year in accordance with sections 390 to 392 of that Act; in relation to a business which is not carried on by a company, means a year, beginning on 6 April and ending on the following 5 April;
  • first financial year”— in relation to a business which is carried on by a company, means the company’s first financial year in accordance with sections 390 to 392 of the Companies Act 2006; in relation to a business which is not carried on by a company, means the first financial year in which the business begins trading.

Package holidays etc

10

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

Timeshares etc

11

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)

12
  • (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.
  • (2) In relation to the provision of childcare in England and Wales, a “relevant childcare provider” means—
  • (a) a person who—
  • (i) in relation to England, is registered, or required to be registered, under Part 3 of the Childcare Act 2006 in relation to the childcare provided;
  • (ii) in relation to England, is not required to register under that Part in relation to the childcare provided because the childcare is excepted from the definition of “childcare” in section 18 of that Act;
  • (iii) in relation to England, is not required to register under that Part in relation to the childcare provided as a result of Article 2 of the Childcare (Exemptions from Registration) Order 2008 (S.I. 2008/979) by reference to the circumstances specified in Article 3, 5 or 8 of that Order;
  • (v) in relation to Wales, is not required to register under that Part because the person is not acting as a child minder, or is not providing day care, for the purposes of that Part by virtue of an Order made under section 19 of that Measure;
  • (b) the governing body of a maintained school;
  • (c) the proprietor of an Academy school or an Alternative provision Academy;
  • (d) the proprietor of a school that is approved under section 342 of the Education Act 1996 (non-maintained special schools);
  • (e) the proprietor of any educational institution not falling within paragraph (c) that is registered under section 95 of the Education and Skills Act 2008 (register of independent educational institutions).
  • (3) In relation to the provision of childcare in Scotland, a “relevant childcare provider” means—
  • (a) a person who—
  • (i) is registered, or required to be registered, under Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) in relation to the childcare provided;
  • (ii) is not required to register under that Part in relation to the childcare provided because that childcare is excepted from the definition of a care service by Schedule 12 to that Act or by regulations made under that Schedule;
  • (b) an education authority acting in its role as manager of a public school;
  • (c) the proprietor of an independent school;
  • (d) the managers of a grant-aided school.
  • (4) In relation to the provision of childcare in Northern Ireland, a “relevant childcare provider” means—
  • (a) a person who—
  • (i) is registered, or required to be registered, under Part 11 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
  • (ii) is not required to register under that Part in relation to the childcare provided because the person is not acting as a childminder when carrying out that childcare by virtue of Article 119 of that Order, or is not providing day care for children when carrying out that childcare by virtue of Article 120 of that Order;
  • (iii) is not required to register under that Part in relation to the childcare provided because of an exemption under Article 121 of that Order;
  • (b) the Board of Governors of a grant-aided school;
  • (c) the proprietor of an independent school.
  • (5) In this paragraph—
  • Academy school” has the meaning given by section 1A of the Academies Act 2010;
  • Alternative provision Academy” has the meaning given by section 1C of the Academies Act 2010;
  • Board of Governors” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3));
  • child” means a person under the age of 18;
  • childcare” means any form of care for a child, including— education for a child, and any other supervised activity for a child;
  • education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980;
  • governing body”, in relation to a maintained school, means the governing body referred to in relation to the school in section 19 of the Education Act 2002;
  • grant-aided school”— in relation to Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980; in relation to Northern Ireland, has the meaning given by Article 2(2) of the of the Education and Libraries (Northern Ireland) Order 1986;
  • independent school”— in relation to Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980; in relation to Northern Ireland, has the meaning given by Article 2(2) of the of the Education and Libraries (Northern Ireland) Order 1986;
  • maintained school” means— a community, foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998); a community or foundation special school (within the meaning of that Act); a maintained nursery school (as defined by section 22(9) of that Act);
  • proprietor”— in relation to a maintained school, has the meaning given by section 579(1) of the Education Act 1996; in relation to an educational institution registered under section 95 of the Education and Skills Act 2008, has the meaning given by section 138(1) of that Act; in relation to an independent school in Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980; in relation to an independent school in Northern Ireland, has the meaning given by Article 2(2) of the of the Education and Libraries (Northern Ireland) Order 1986;
  • public school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

Gambling contracts

13
  • (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, within the meaning of the National Lottery etc. Act 1993.
  • (2) In Northern Ireland, a contract for betting, gaming or participating in a lawful lottery within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)).

Schedule 23

Part 1 — Key pre-contract information

1

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

2

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 contract to an end, or to an earlier end,
  • (b) that until the contract comes to an end the consumer will continue to incur liabilities under the contract, and
  • (c) any minimum period that must elapse before the consumer can bring the contract to an end.
3

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 content unless the consumer takes steps to bring the contract to an end before liability for any charge, or higher charge, is incurred by the consumer, and
  • (b) the date on which the consumer will become liable for the first charge, or first higher charge.
4

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 each occasion, or how that amount is to be calculated if the amount cannot reasonably be calculated in advance.

5

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 due monthly.

6

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

7

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
  • (b) any option under the contract for the trader to change the frequency or amount of those payments,

and if it does, the detail of those changes or that option.

8

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 consumer may need in order to take those steps.

9

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

10

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

11

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), and
  • (b) any right the consumer has to cancel during a renewal cooling-off period,

and the fact that further details about the rights are set out in the full pre-contract information.

Part 2 — Full pre-contract information

12

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

13

The information set out in Part 1 of this Schedule.

14

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, services or digital content.

15
  • (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” in relation to a trader, means—
  • (a) the name of the trader, and
  • (b) if different, the name under which the trader trades.
16
  • (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) For the purposes of sub-paragraph (1) and paragraph 17
  • business address”, in relation to a person, means— where the person is a body corporate, the address of its registered or principal office, where the person is a firm that is not a body corporate, the address of the principal office of the firm, in a case where neither paragraphs (a) or (b) apply, the address of the person’s principal place of business;
  • business email address”, in relation to a person, means any email address used by the trader for conducting business;
  • business telephone number”, in relation to a person, means any telephone number used by the trader for conducting business;
  • service address”, in relation to a person, means the address at which the person will accept service of documents.
17

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 (if the person has such addresses or such a number), and
  • (b) if different to the person’s business address, the person’s service address.
18

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

19

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 digital content.

20

The trader’s complaint handling policy.

21

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 ends;
  • (b) how the consumer may exercise the right;
  • (c) if the consumer may lose the right, the circumstances under which that will happen;
  • (d) the consequences of the consumer exercising the right, including—
  • (i) any refund the consumer may be entitled to,
  • (ii) any reason that refund might be diminished, and
  • (iii) in respect of a contract for the supply of goods, whether the consumer will be responsible for returning those goods to the trader, including the likely cost of returning the goods if they cannot normally be returned by post.
22

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 cooling-off period will begin and end;
  • (b) whether there will be further renewal cooling-off periods and, if so, when each will begin and end;
  • (c) how the consumer may exercise the right;
  • (d) if the consumer may lose that right, the circumstances under which that will happen;
  • (e) the consequences of the consumer exercising the right, including—
  • (i) any refund the consumer may be entitled to,
  • (ii) any reason that refund might be diminished,
  • (iii) in respect of a contract for the supply of goods, whether the consumer will be responsible for returning those goods to the trader.
23

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

24
  • (1) The existence and conditions of after-sale customer assistance, after-sales services and commercial guarantees.
  • (2) In sub-paragraph (1), “commercial guarantee”, in relation to a contract, means any undertaking by the trader or producer to the consumer (in addition to the trader’s duty to supply goods that are in conformity with the contract) to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of the contract or before it is entered into.
25
  • (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 section 249.
26

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.

27
  • (1) The functionality, including applicable technical protection measures, of digital content and any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
  • (2) In sub-paragraph (1), “functionality”, in relation to digital content, includes region coding, restrictions incorporated for the purposes of digital rights management, and other technical restrictions.
28

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.

Part 3 — Reminder notices

29

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

30

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.

31

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

32

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

33

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.

34

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 contract (ignoring any subsequent renewal payment)—

  • (a) the frequency with which the consumer will become liable for those payments, and
  • (b) the minimum amount that the consumer will become liable for on each occasion (or how that amount is to be calculated if it cannot reasonably be calculated in advance).
35

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

36

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 previous renewal payment, that information and the difference in the amount (or the difference in how the amount will be calculated).

37

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 date (ignoring any liability that has arisen, or will arise, before that date), or how that amount is to be calculated if the amount cannot reasonably be calculated in advance.

38

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 date on which the contract will come to an end.

39

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, including—

  • (a) any address (including a website or email address) or other contact details the consumer may need in order to take those steps, and
  • (b) the date by which any steps must be taken so as to avoid that liability.

Schedule 24

Regulated financial services activity

1
  • (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 services activity, and
  • (b) the trader is authorised to carry on that activity.
  • (a) a regulated activity for the purposes of section 19 of the Financial Services and Markets Act 2000;
  • (b) a payment service within the meaning of regulation 2(1) of the Payment Services Regulations 2017 (S.I. 2017/752);
  • (c) the issue of electronic money.
  • (3) For the purposes of sub-paragraph (1)(b), a person is authorised to carry on a regulated financial services activity if—
  • (a) the person is an authorised person in relation to the activity for the purposes of section 19 of the Financial Services and Markets Act 2000;
  • (b) the person is exempt from the general prohibition in relation to the activity under section 39(1) of that Act;
  • (c) the person is a payment service provider and the activity is a payment service for which the person is authorised or registered under Part 2 of the Payment Services Regulations 2017;
  • (d) the person is an electronic money issuer and the activity is the issue of electronic money for which the person is authorised or registered under Part 2 of the Electronic Money Regulations 2011 (S.I. 2011/99).
  • (4) In this paragraph—
  • electronic money” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011 (and references to the issue of electronic money are to be construed in accordance with those regulations);
  • electronic money issuer” has the meaning given in regulation 2(1) of those Regulations;
  • the general prohibition” has the same meaning as in the Financial Services and Markets Act 2000 (see section 19(2) of that Act);
  • payment service provider” has the meaning given in regulation 2(1) of the Payment Services Regulations 2017.

Arrangements for the supply of utilities

2
  • (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 supply of gas under a gas supply licence;
  • (d) the supply of heating, cooling or hot water by means of a relevant heat network under a heat network authorisation.
  • (2) In this paragraph—
  • electricity supply licence” means a licence granted under section 6 of the Electricity Act 1989 or Article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.1));
  • gas supply licence” means a licence granted under section 7A(1) of the Gas Act 1986 or Article 8(1)(c) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2));
  • heat network authorisation” means an authorisation conferred under regulations made under section 219 of the Energy Act 2023;
  • relevant duty to supply water” means the duty imposed by— section 52 of the Water Industry Act 1991; Article 91 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)); section 6 of the Water (Scotland) Act 1980;
  • relevant heat network” has the same meaning as in Chapter 1 of Part 8 of the Energy Act 2023 (see section 216 of that Act).

Contracts regulated by OFCOM

3
  • (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 under section 45 of the Communications Act 2003.
  • (2) In sub-paragraph (1), “OFCOM” means the Office of Communications.

Contracts for prepaid passenger transport services

4

A contract for prepaid passenger transport services.

Small businesses

5
  • (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 trader does not enter into consumer savings scheme contracts which result in an account held by a trader for a consumer being credited with funds of more than £120 at any given time.
  • (2) Where a trader is in their first year of trading, the exclusion in this paragraph applies if the test in sub-paragraph (1)(b) alone is satisfied.

Childcare voucher schemes

6

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 given in section 84 of the Income Tax (Earnings and Pensions) Act 2003 for the purposes of a scheme to which section 270A of that Act applies.

Package holidays etc.

7

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

Schedule 25

Part 1 — List of exempt persons

Part 2 — Exempt redress schemes

Part 3 — Supplementary

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;
  • approved postal operators redress scheme” means an approved redress scheme for investigating and determining complaints about postal operators (see section 52 of the Postal Services Act 2011);
  • approved public communications provider dispute procedures” means dispute procedures maintained by public communications providers that are approved under section 54 of the Communications Act 2003 for the purposes of section 52(5) of that Act;
  • approved social housing ombudsman scheme” means a scheme which is approved for the purposed of Schedule 2 to the Housing Act 1996;
  • qualifying lettings agency work redress scheme” means a redress scheme which is approved as mentioned in section 83(1)(a), or is a government scheme for the purposes of section 83(1)(b), of the Enterprise and Regulatory Reform Act 2013;
  • qualifying property management work redress scheme” means a redress scheme which is approved as mentioned in section 84(1)(a), or is a government administered redress scheme for the purposes of section 84(1)(b), of the Enterprise and Regulatory Reform Act 2013;
  • qualifying redress scheme for the gas or electricity sector” means a redress scheme which is approved as mentioned in section 47(1)(a), or is administered and designated as mentioned in section 47(1)(b), of the Consumers, Estate Agents and Redress Act 2007.

Schedule 26

Part 1 — The criteria applicable to an accredited ADR provider

Criterion 1: information for consumers

1
  • (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.
  • (2) The information provided should include (among other things) information about—
  • (a) the kinds of ADR it carries out or for which it makes special ADR arrangements (including the possible outcomes of each kind);
  • (b) the types of dispute it deals with (whether by carrying out ADR or making special ADR arrangements);
  • (c) the procedures adopted in relation to ADR carried out by it or for which it makes special ADR arrangements;
  • (d) any fees or costs payable by either party to a dispute that is referred for ADR.

Criterion 2: readiness to carry out ADR

2

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

3

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 making the special ADR arrangements that it makes.

Criterion 4: facilities for consumers and traders to participate

4
  • (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 whom it makes special ADR arrangements, ensures there are accessible means for the parties to participate in the ADR carried out in relation to their dispute.

Criterion 5: fair ADR procedures

5
  • (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 out ADR.
  • (2) The procedures adopted should, in particular, be easy to use, transparent, non-discriminatory and effective.
  • (3) They should include procedures for securing that each party to a dispute referred for ADR—
  • (a) has a reasonable opportunity—
  • (i) to express its point of view in relation to the matters in dispute and the outcome it seeks;
  • (ii) to consider the views, arguments and evidence put forward by the other party;
  • (b) is entitled to be represented or assisted by another person (and that it is immaterial whether or not that person is legally qualified).

Criterion 6: independence and impartiality

6
  • (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 while, it carries out ADR.
  • (2) The action to be taken should include—
  • (a) following appropriate procedures for identifying, and avoiding, any conflict of interest before carrying out ADR in relation to a dispute;
  • (b) taking steps to avoid conflicts of interest that may arise before, or while, it carries out ADR in relation to a dispute.

Criterion 7: information for parties

7
  • (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 the conduct and progress of any ADR being carried out.
  • (2) The action to be taken includes notifying the parties promptly in writing of the outcome of the ADR and, where applicable, of the grounds on which any decision has been reached.

Part 2 — Supplementary

8

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

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 carried out by the ADR provider or, as the case may be, by any other ADR provider with whom the ADR provider makes special ADR arrangements, or
  • (b) in relation to activities of the ADR provider in, or in connection with, making special ADR arrangements.
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 disputes for ADR;
  • (b) any conditions or other requirements to be met by either (or both) of the parties before, or while, ADR is being carried out;
11

Dispute” means a consumer contract dispute.

Schedule 27

Prescription and Limitation (Scotland) Act 1973

1
  • (1) Section 14 of the Prescription and Limitation (Scotland) Act 1973 (computation of prescriptive periods) is amended as follows.
  • (2) In the following places, for “relevant consumer dispute” or “relevant dispute” substitute “consumer contract dispute”—
  • (a) subsection (1D);
  • (b) subsection (1F);
  • (c) subsection (1G) (in each place where it occurs).
  • (3) In subsection (1D)—
  • (a) after “this Act is” (in the opening words) insert “, in a case where ADR is carried out in respect of the dispute,”;
  • (b) in paragraph (a)—
  • (i) for “the non-binding ADR procedure” substitute “the ADR”, and
  • (ii) for “such a procedure” substitute “it”;
  • (c) in each of paragraphs (b) and (c), for “a non-binding ADR procedure” substitute “the ADR”.
  • (4) In the following places, for “the non-binding ADR procedure” substitute “the ADR”—
  • (a) subsection (1E);
  • (b) subsection (1G)(b) and (f);
  • (c) subsection (2) (in the definition of “qualifying request”).
  • (5) In subsections (1F) and (1G), for “a non-binding ADR procedure” substitute “ADR”.
  • (6) In subsection (2)—
  • (a) omit the following definitions—
  • “ADR entity”;
  • “ADR procedure”;
  • “consumer”;
  • “non-binding ADR procedure”;
  • “relevant consumer dispute”;
  • “sales contract”;
  • “service contract”;
  • “trader”;
  • (b) before the definition of “holiday” insert the following definitions—
  • ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;
  • ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act);
  • consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

Limitation Act 1980

2
  • (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 “cross border or domestic contractual” substitute “consumer contract”.
  • (3) For subsection (1) substitute—

(1) In this section— - “ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024; - “ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act); - “consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

  • (4) In the following places, for “relevant dispute” substitute “consumer contract dispute”—
  • (a) subsection (2)(a) and (b);
  • (b) subsection (5);
  • (c) subsection (6);
  • (d) subsection (7) (in each place where it occurs);
  • (e) subsection (9).
  • (5) In the following places, for “a non-binding ADR procedure” substitute “ADR”—
  • (a) subsection (2)(b);
  • (b) subsection (6);
  • (c) subsection (9).
  • (6) In the following places, for “the non-binding ADR procedure” substitute “the ADR”—
  • (a) subsection (2)(c);
  • (b) subsection (3);
  • (c) subsection (7) (in each place where it occurs);
  • (d) subsection (8);
  • (e) subsection (9).

Foreign Limitation Periods Act 1984

3
  • (1) Section 1B of the Foreign Limitation Periods Act 1984 (extension of limitation periods because of alternative dispute resolution) is amended as follows.
  • (2) In the heading, for “cross border or domestic contractual” substitute “consumer contract”.
  • (3) For subsection (1) substitute—

(1) In this section— - “ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024; - “ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act); - “consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

  • (4) In the following places, for “relevant dispute” substitute “consumer contract dispute”—
  • (a) subsection (2)(a) and (b);
  • (b) subsection (5);
  • (c) subsection (6) (in each place where it occurs);
  • (d) subsection (8).
  • (5) In the following places, for “a non-binding ADR procedure” substitute “ADR”—
  • (a) subsection (2)(b);
  • (b) subsection (5);
  • (c) subsection (8).
  • (6) In the following places, for “the non-binding ADR procedure” substitute “the ADR”—
  • (a) subsection (2)(c);
  • (b) subsection (3);
  • (c) subsection (6) (in each place where it occurs);
  • (d) subsection (7);
  • (e) subsection (8).

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

4
  • (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 heading, for “: Non-binding ADR procedure” substitute “because of alternative dispute resolution in certain consumer contract disputes”.
  • (3) In paragraphs (1)(a) and (3), for “a non-binding ADR procedure” substitute “ADR”.
  • (4) In the following places, for “the non-binding ADR procedure” substitute “the ADR”—
  • (a) paragraph (1)(b) (in each place where it occurs);
  • (b) paragraph (2);
  • (c) paragraph (4) (in each place where it occurs).
  • (5) In paragraph (1)(b)(i), for “that such a procedure” substitute “on which it”.
  • (6) In the following places, for “relevant dispute” substitute “consumer contract dispute”—
  • (a) paragraph (1)(a);
  • (b) paragraph (3);
  • (c) paragraph (4) (in each place where it occurs).
  • (7) For paragraph (5) substitute—

(5) In this Article— - “ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024; - “ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act); - “consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act; - “qualifying request” is a request by a party that another (A) confirm to all parties that A is continuing with the ADR.

Financial Services and Markets Act 2000

5

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 entity”;
  • (b) paragraph 2(2);
  • (c) paragraph 14(3A).

Enterprise Act 2002

6

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, Competition and Consumers Act 2024.

;

  • (b) in Schedule 15 (enactments conferring functions) at the appropriate place insert—
  • Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.

Regulatory Enforcement and Sanctions Act 2008

7

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

.

Equality Act 2010

8
  • (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 “cross border or domestic contractual” substitute “consumer contract”.
  • (3) For subsection (1) substitute—

(1) In this section— - “ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024; - “ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act); - “consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

  • (4) In each of the following places, for “relevant dispute” substitute “consumer contract dispute”—
  • (a) subsection (2)(a) and (b);
  • (b) subsection (5);
  • (c) subsection (6);
  • (d) subsection (7) (in each place where it occurs);
  • (e) subsection (9).
  • (5) In each of the following places, for “a non-binding ADR procedure” substitute “ADR”—
  • (a) subsection (2)(b);
  • (b) subsection (6);
  • (c) subsection (9).
  • (6) In each of the following places, for “the non-binding ADR procedure” substitute “the ADR”—
  • (a) subsection (2)(c);
  • (b) subsection (3);
  • (c) subsection (7) (in each place where it occurs);
  • (d) subsection (8);
  • (e) subsection (9).
  • (7) In subsection (8), for “(6)” substitute “(7)”.

Consumer Rights Act 2015

9
  • (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 paragraph 9(1)(b)), at the appropriate place insert—
The Secretary of State Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024

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

10

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

Schedule 28

Amendments to Part 3 of EA 2002

1

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

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 the purposes of providing assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the relevant day is the earlier of— (a) in the case of a penalty imposed by virtue of section 110(1)(a), the day on which the CMA gives notice to the relevant person that— (i) the information or documents specified or described in the notice under section 109 have been produced or supplied to the satisfaction of the CMA, or (ii) the relevant person has appeared as a witness in accordance with the requirements of the CMA; (b) in the case of a penalty imposed by virtue of section 110(1)(b), the day on which the CMA gives notice to the relevant person that the CMA considers the obstruction or delay to have ceased; and (c) in either case, the day one year on from the day specified in the notice under section 109 for the relevant person to comply with it. (11) In subsection (10), “the relevant person” means the person given the notice under section 109.

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), after “at the beginning of” insert “the earliest of the following days”;
  • (b) omit the “or” at the end of sub-paragraph (i);
  • (c) in sub-paragraph (ii) omit “if earlier”;
  • (d) after that sub-paragraph insert—

(iii) in a case where the penalty is imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.

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 Secretary of State for the purposes of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.

  • (3) In subsection (2), in paragraph (b)—
  • (a) the words after “permitted or required by” become sub-paragraph (i);
  • (b) after that sub-paragraph insert—

(ii) Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.

Amendment to Part 9 of EA 2002

5

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 subsection (2) insert—

(2A) The Secretary of State may not make a direction under this section in relation to a disclosure permitted under section 243A or 243B that relates to assistance provided by a relevant regulator to an overseas regulator by virtue of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.

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 2024.
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 Consumers Act 2024.

Amendments to CA 1998

8

CA 1998 is amended as follows.

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) insert—

(1A) 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 Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular— (a) state its decision to do so; (b) identify the overseas regulator concerned; (c) summarise the matter in respect of which the assistance is to be provided; (d) identify any undertaking in respect of which the assistance is to be provided; (e) identify the market which is or was affected by the matter in respect of which the assistance is to be provided.

  • (4) In subsection (2)—
  • (a) after “subsection (1)” insert “or (1A)”;
  • (b) for “that subsection” substitute “the subsection concerned”.
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 after “knows or suspects that” become paragraph (a);
  • (b) after that paragraph insert

, or (b) the CMA is assisting, or is likely to assist, an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024).

;

  • (3) In subsection (2), at the end insert “or to the provision of such assistance”.
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 provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.

Schedule 29

The Civil Aviation Authority (CAA)

1
  • (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 subsection (11) insert—

(12) In making any decision, or otherwise taking action, for the purposes of any relevant 2002 Act functions, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

  • (3) In section 63 (functions of the CAA under the Competition Act 1998: supplementary), after subsection (3) insert—

(3A) In making any decision, or otherwise taking action, for the purposes of any relevant 1998 Act functions that are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

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 otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

The Financial Conduct Authority (FCA)

3
  • (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) insert—

(9) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

  • (3) In section 234J (functions of the FCA under CA 1998), after subsection (5) insert—

(6) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

The Northern Ireland Authority for Utility Regulation

4

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 Utility Regulation with respect to competition), after paragraph (10) insert—

(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

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 respect to competition), after paragraph (9) insert—

(10) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

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 with respect to competition), at the end insert—

(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

The Office of Communications (OFCOM)

7
  • (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 making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

  • (3) In section 371 (functions of OFCOM under CA 1998), after subsection (12) insert—

(13) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

The Office of Gas and Electricity Markets (Ofgem)

8

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 taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

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 action, for the purposes of any of its functions that, by virtue of this section— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

The Office of Rail and Road (ORR)

10

In section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) at the end insert—

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