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Digital Markets, Competition and Consumers Act 2024
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- UK Public General Acts
- 2024 c. 13
- Schedule 12
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This version of this schedule contains provisions that are prospective.
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Prospective
Section 143(3)
Schedule 12U.K.Civil penalties: amendments relating to sectoral regulators
This schedule has no associated Explanatory Notes
The Civil Aviation Authority (CAA)U.K.
1In the Civil Aviation Act 2012, Chapter 2 of Part 1 (regulation of operators of dominant airports: competition) is amended as follows.
Commencement Information
I1Sch. 12 para. 1 not in force at Royal Assent, see s. 339(1)
2(1)Section 60 (functions of the CAA under Part 4 of EA 2002) is amended as follows.
(2)In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (3), in paragraph (a), after “166” insert “, 167C”.
Commencement Information
I2Sch. 12 para. 2 not in force at Royal Assent, see s. 339(1)
3In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C, 171 or 174E”.
Commencement Information
I3Sch. 12 para. 3 not in force at Royal Assent, see s. 339(1)
4(1)Section 62 (functions of the CAA under CA 1998) is amended as follows.
(2)In subsection (2), in the words after paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(3)In subsection (4), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I4Sch. 12 para. 4 not in force at Royal Assent, see s. 339(1)
5In section 63 (functions of the CAA under CA 1998: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I5Sch. 12 para. 5 not in force at Royal Assent, see s. 339(1)
6(1)Section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) is amended as follows.
(2)In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(4)In subsection (4)—
(a)in paragraph (a), after “166” insert “, 167C”;
(b)in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(5)In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I6Sch. 12 para. 6 not in force at Royal Assent, see s. 339(1)
The Financial Conduct Authority (FCA)U.K.
7The Financial Services and Markets Act 2000 is amended as follows.
Commencement Information
I7Sch. 12 para. 7 not in force at Royal Assent, see s. 339(1)
8(1)Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows.
(2)In the list in subsection (3)—
(a)after the entry for section 166 of EA 2002 insert—
“section 167C (statement of policy in relation to functions under sections 167 and 167A);”;
(b)after the entry for section 171 of EA 2002 insert—
“section 174E (statement of policy on penalties).”
(3)In subsection (5), in paragraph (a) for “or 171” substitute “, 167C, 171 or 174E”.
Commencement Information
I8Sch. 12 para. 8 not in force at Royal Assent, see s. 339(1)
9(1)Section 234J (functions of the FCA under CA 1998) is amended as follows.
(2)In subsection (3) after the entry for section 31D(1) to (6) of CA 1998 insert—
“section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A);”.
(3)In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I9Sch. 12 para. 9 not in force at Royal Assent, see s. 339(1)
The Northern Ireland Authority for Utility RegulationU.K.
10(1)Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows.
(2)In paragraph (2), in the words before sub-paragraph (a), after “166” insert “, 167C”.
(3)In paragraph (3), in the words before sub-paragraph (a)—
(a)after “31D(1) to (6)” insert “, 35C”;
(b)after “38(1) to (6)” insert “, 40B(1) to (4)”.
(4)In paragraph (4), in sub-paragraph (a), after “166” insert “, 167C”.
(5)In paragraph (5)—
(a)after “31D(1) to (6)” insert “, 35C”;
(b)after “38(1) to (6)” insert “, 40B(1) to (4)”.
(6)In paragraph (9), in sub-paragraph (b)—
(a)after “31D(1) to (6)” insert “, 35C”;
(b)after “38(1) to (6)” insert “, 40B(1) to (4)”.
(7)Omit paragraph (10).
Commencement Information
I10Sch. 12 para. 10 not in force at Royal Assent, see s. 339(1)
11(1)Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows.
(2)In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”.
(3)In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”.
(4)In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(5)In paragraph (3A), after “31D(1) to (6)” insert “, 35C”.
(6)In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit paragraph (7).
Commencement Information
I11Sch. 12 para. 11 not in force at Royal Assent, see s. 339(1)
12(1)Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows.
(2)In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”.
(3)In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”.
(4)In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(5)In paragraph (3A), after “31D(1) to (6)” insert “, 35C”.
(6)In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit paragraph (6A).
Commencement Information
I12Sch. 12 para. 12 not in force at Royal Assent, see s. 339(1)
The Office of Communications (OFCOM)U.K.
13The Communications Act 2003 is amended as follows.
Commencement Information
I13Sch. 12 para. 13 not in force at Royal Assent, see s. 339(1)
14(1)Section 370 (functions of OFCOM under Part 4 of EA 2002) is amended as follows.
(2)In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (3), in paragraph (a), after “166” insert “, 167C”.
(4)Omit subsection (10).
Commencement Information
I14Sch. 12 para. 14 not in force at Royal Assent, see s. 339(1)
15(1)Section 371 (functions of OFCOM under CA 1998) is amended as follows.
(2)In subsection (2), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(3)In subsection (3), in paragraph (a), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I15Sch. 12 para. 15 not in force at Royal Assent, see s. 339(1)
16(1)Section 392 (penalties imposed by OFCOM) is amended as follows.
(2)In subsection (1), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”.
(3)In subsection (6), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”.
Commencement Information
I16Sch. 12 para. 16 not in force at Royal Assent, see s. 339(1)
The Office of Gas and Electricity Markets (Ofgem)U.K.
17(1)Section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) is amended as follows.
(2)In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (2B), in paragraph (a), after “166” insert “, 167C”.
(4)In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(5)In subsection (3A), after “31D(1) to (6)” insert “, 35C”.
(6)In subsection (6), in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit subsection (6A).
Commencement Information
I17Sch. 12 para. 17 not in force at Royal Assent, see s. 339(1)
18(1)Section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition) is amended as follows.
(2)In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (2B), in paragraph (a), after “166” insert “, 167C”.
(4)In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(5)In subsection (3A), after “31D(1) to (6)” insert “, 35C”.
(6)In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit subsection (8).
Commencement Information
I18Sch. 12 para. 18 not in force at Royal Assent, see s. 339(1)
The Office of Rail and Road (ORR)U.K.
19(1)Section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) is amended as follows.
(2)In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (2B), in paragraph (a), after “166” insert “, 167C”.
(4)In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(5)In subsection (3A), after “31D(1) to (6)” insert “, 35C”.
(6)In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit subsection (9).
Commencement Information
I19Sch. 12 para. 19 not in force at Royal Assent, see s. 339(1)
The Payment Systems RegulatorU.K.
20The Financial Services (Banking Reform) Act 2013 is amended as follows.
Commencement Information
I20Sch. 12 para. 20 not in force at Royal Assent, see s. 339(1)
21(1)Section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002) is amended as follows.
(2)In the list in subsection (3)—
(a)after the entry for section 166 of EA 2002 insert—
“section 167C (statement of policy in relation to functions under sections 167 and 167A);”;
(b)after the entry for section 171 of EA 2002 insert—
“section 174E (statement of policy on penalties).”
(3)In subsection (5), in paragraph (a), for “or 171” substitute “, 167C, 171 or 174E”.
Commencement Information
I21Sch. 12 para. 21 not in force at Royal Assent, see s. 339(1)
22(1)Section 61 (functions of the Payment Systems Regulator under CA 1998) is amended as follows.
(2)In subsection (3), after the entry for section 31D(1) to (6) of CA 1998 insert—
“section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A);”.
(3)In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”.
Commencement Information
I22Sch. 12 para. 22 not in force at Royal Assent, see s. 339(1)
The Water Services Regulation Authority (Ofwat)U.K.
23(1)Section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) is amended as follows.
(2)In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”.
(3)In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.
(4)In subsection (4), in paragraph (a), after “166” insert “, 167C”.
(5)In subsection (4A), after “31D(1) to (6)” insert “, 35C”.
(6)In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”.
(7)Omit subsection (8A).
Commencement Information
I23Sch. 12 para. 23 not in force at Royal Assent, see s. 339(1)
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