Digital Markets, Competition and Consumers Act 2024

Orders and regulations under Part 3 of EA 2002 U.K.

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.”

Commencement Information

I1 Sch. 14 para. 2 in force at Royal Assent for specified purposes, see s. 339(2)(c)

I2 Sch. 14 para. 2 in force at 1.1.2025 in so far as not already in force by S.I. 2024/1226, regs. 1(2), 2(1)(18)