Digital Markets, Competition and Consumers Act 2024

Section 309

Schedule 27 Chapter 4 of Part 4: consequential amendments etc

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—

• “Digital Markets, Competition and Consumers Act 2024, Chapter 4 of Part 4”.

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.