Digital Markets, Competition and Consumers Act 2024

Prospective

Consumer Rights Act 2015 U.K.

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—

“Paragraph 20: listed enactments

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,”.

Commencement Information

I1 Sch. 18 para. 11 not in force at Royal Assent, see s. 339(1)