Digital Markets, Competition and Consumers Act 2024

106 Exercise and delegation of functions

(1) The CMA may make a reference to the CMA chair for the constitution of a group under Schedule 4 to ERRA 2013 in respect of any non-reserved digital markets function.

(2) A reference under this section must specify the non-reserved digital markets function in respect of which the reference is made (“the referred function”).

(3) A CMA group constituted under ERRA 2013 for the purposes of a reference under this section must carry out the referred function.

(4) For the purposes of this section, a “non-reserved digital markets function” is any digital markets function other than a digital markets function that the CMA Board may not delegate—

(a) under paragraph 29(1) of Schedule 4 to ERRA 2013, as a result of paragraph 29(2) of that Schedule as it has effect from time to time, or

(b) under paragraph 29(1)(a) of that Schedule, as a result of paragraph 29(2A) of that Schedule as it has effect from time to time.

(5) In subsection (1), “CMA chair” means the person appointed under paragraph 1(1)(a) of Schedule 4 to ERRA 2013.

(6) In Schedule 4 to ERRA 2013 (the Competition and Markets Authority), paragraph 29 (delegation) is amended as follows.

(7) In sub-paragraph (2) (functions which cannot be delegated), at the end insert—

“(g) whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

(h) whether to begin a further SMS investigation under section 10 of the 2024 Act;

(i) whether to begin a PCI investigation under section 47 of the 2024 Act.”

(8) After sub-paragraph (2) insert—

“(2A) Sub-paragraph (1)(a) does not apply to the functions of deciding—

(a) whether to make a designation under section 2 of the 2024 Act;

(b) what, if any, provision to make in reliance on section 17 of the 2024 Act;

(c) whether to impose a conduct requirement under section 19 of the 2024 Act;

(d) whether to revoke a conduct requirement under section 22 of the 2024 Act;

(e) whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

(f) whether to accept a commitment under section 36 or section 56 of the 2024 Act;

(g) whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);

(h) whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

(i) the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

(j) whether to replace a pro-competition order under section 52 of the 2024 Act;

(k) whether to revoke a pro-competition order under section 53 of the 2024 Act.

(l) whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

(m) the amount of any such penalty.

(2B) A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless—

(a) the committee or sub-committee includes—

(i) at least two members of the Board who are not members of the CMA’s staff, or

(ii) the chair and at least one member of the Board who is not a member of the CMA’s staff, and

(b) at least half of the members of the committee or sub-committee are—

(i) members of the Board who are not members of the CMA’s staff, or

(ii) members of the CMA panel.”

(9) After sub-paragraph (3) insert—

“(4) The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.

(5) The regulations may make incidental, transitional or saving provision.

(6) A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”