Digital Markets, Competition and Consumers Act 2024
Part 1Digital Markets
Chapter 1Overview
1Overview
Chapter 2Strategic Market Status
Power to designate undertaking as having SMS
2Designation of undertaking
3Digital activities
4Link to the United Kingdom
5Substantial and entrenched market power
6Position of strategic significance
7The turnover condition
8Turnover of an undertaking
Procedure
9Initial SMS investigations
10Further SMS investigations
11Procedure relating to SMS investigations
12Closing an initial SMS investigation without a decision
13Consultation on proposed decision
14Outcome of SMS investigations
15Notice requirements: decisions about whether to designate
16Notice requirements: decisions to revoke a designation
17Existing obligations
18Designation period
Chapter 3Conduct requirements
Imposition of conduct requirements
19Power to impose conduct requirements
20Permitted types of conduct requirement
21Content of notice imposing a conduct requirement
22Revocation of conduct requirements
23Transitional provision relating to conduct requirements etc
24Consultation in relation to a conduct requirement
25Duty to keep conduct requirements under review
Enforcement of conduct requirements
26Power to begin a conduct investigation
27Consideration of representations
28Closing a conduct investigation without making a finding
29Countervailing benefits exemption
30Notice of findings
31Enforcement orders
32Interim enforcement orders
33Duration of enforcement orders
34Revocation of enforcement orders
35Duty to keep enforcement orders under review
Commitments relating to conduct requirements
36Commitments
37Duty to keep commitments under review
Final offer mechanism
38Power to adopt final offer mechanism
39Collective submissions
40Final offer mechanism
41Final offers: outcome
42Final offer orders: supplementary
43Decision not to make final offer order
44Duration and revocation of final offer orders
45Duty to keep final offer orders under review
Chapter 4Pro-competition interventions
46Power to make pro-competition interventions
47Power to begin a PCI investigation etc
48Procedure relating to PCI investigations
49Consultation on proposed PCI decision
50PCI decision
51Pro-competition orders
52Replacement of pro-competition orders
53Duration and revocation etc of pro-competition orders
54Consultation
55Duty to review pro-competition orders etc
56Commitments
Chapter 5Mergers
57Duty to report possible mergers etc
58Qualifying status
59Value of consideration
60Content of report etc
61Application of the duty to report etc
62Acceptance of report
63Delay to possible mergers etc
64Timing of a reportable event
65Authorisation for one person to act for another
66Applications for review of decisions relating to mergers
67Regulations about duty to report
68Duty to keep compliance under review
Chapter 6Investigatory powers etc and compliance reports
Investigatory powers etc
69Power to require information
70Requirement to name a senior manager
71Power of access
72Power to interview
73Use of interview statements in prosecution
74Power to enter business premises without a warrant
75Power to enter premises under a warrant
76Power to enter premises under a warrant: supplementary
77Amendments to the Criminal Justice and Police Act 2001
78Application for a warrant
79Reports by skilled persons
80Duty to preserve information
81Privileged communications
82Power of CMA to publish notice of investigative assistance
Compliance reports etc
83Nominated officer
84Compliance reports
Chapter 7Enforcement and appeals
Civil penalties
85Penalties for failure to comply with competition requirements
86Amount of penalties under section 85
87Penalties for failure to comply with investigative requirements
88Amount of penalties under section 87
89Procedure and appeals etc
90Calculation of daily rates and turnover
91Statement of policy on penalties
92Monetary penalties: criminal proceedings and convictions
Offences
93Destroying or falsifying information
94False or misleading information
95Obstructing an officer
96Offences by officers of a body corporate etc
97Offences: limits on extra-territorial jurisdiction
98Sentences
Further enforcement provisions etc
99Director disqualification
100Enforcement of requirements
101Rights to enforce requirements of this Part
102Treatment of CMA breach decisions etc
Applications for review
103Applications for review etc
Chapter 8Administration etc
Administration
104Extension etc of periods
105Extensions: supplementary
106Exercise and delegation of functions
Regulatory coordination and information sharing
107Coordination with relevant regulators
108Recommendations to the CMA
109Information sharing
Miscellaneous
110Power to charge levy
111Extra-territorial application
112Defamation
113Consultation and publication of documents
114Guidance
115Protected disclosures
116Restriction on disclosure orders
Interpretation
117Groups
118General interpretation
Part 2Competition
Chapter 1Anti-trust
The Chapter 1 and 2 prohibitions
119Removal of requirement for agreements etc to be implemented in the UK
120Repeal of exclusions relating to the European Coal and Steel Community
Investigations
121Duty to preserve documents relevant to investigations
122Production of information authorised by warrant
123Additional powers of seizure from domestic premises
Proceedings before the Competition Appeal Tribunal
124Standard of review on appeals against interim measures directions
125Declaratory relief
126Exemplary damages
Chapter 2Mergers
127Relevant merger situations and special merger situations
128Fast-track references under sections 22 and 33 of EA 2002
129Mergers of energy network enterprises
130Mergers involving newspaper enterprises and foreign powers
131Mutual agreements to extend time-limits: duty to make reference cases
132Mutual agreements to extend time-limits: public interest cases
133Publication of merger notices online
Chapter 3Markets
134Market studies: removal of time-limit on pre-reference consultation
135Power to make a reference after previously deciding not to do so
136Scope of market investigations
137Acceptance of undertakings at any stage of a market study or investigation
138Final undertakings and orders: power to conduct trials
139Duty of CMA to monitor undertakings and orders
140Taking action in relation to regulated markets
Chapter 4Cartels
141Production of information authorised by warrant
Chapter 5Miscellaneous
142Attendance of witnesses etc
143Civil penalties etc in connection with competition matters
144Service and extra-territoriality of notices under CA 1998 and EA 2002
145Orders and regulations under CA 1998 and EA 2002
146Meaning of “working day” in Parts 3 and 4 of EA 2002
Part 3Enforcement of consumer protection law
Chapter 1Overview
147Overview
Chapter 2Relevant infringements
148Relevant infringements
149The UK connection condition
150The specified prohibition condition
Chapter 3Consumer protection orders and undertakings
Enforcers for purposes of Chapter
151Enforcers
152Designation criteria
Applications for enforcement orders and interim enforcement orders
153Applications
154CMA directions to other enforcers
155Consultation
Powers of court on application under section 153
156Enforcement orders and undertakings
157Enforcement orders and undertakings: enhanced consumer measures
158Enforcement orders: requirement to pay monetary penalty
159Interim enforcement orders and undertakings
Online interface orders and interim online interface orders
160Applications
161Online interface orders
162Interim online interface orders
Undertakings and further proceedings
163Acceptance of undertakings by enforcers
164Undertakings under section 163: enhanced consumer measures
165Undertakings under section 163: procedural requirements
166Consumer protection orders or undertakings to court: further proceedings
167Undertakings to public designated enforcers: further proceedings
168Monetary penalties under sections 166 and 167: amount
Notification of CMA
169Notification requirements: applications
170Notification requirements: undertakings
171Notification requirements: proceedings
172Notification requirements: convictions and judgments
Jurisdiction etc
173Appropriate court
174Effect of orders in other parts of the United Kingdom
175Evidence
Miscellaneous
176Interconnected bodies corporate
177Enhanced consumer measures: private designated enforcers
178Substantiation of claims
179Crown application
Chapter 4Direct enforcement powers of CMA
Investigations
180Power of CMA to investigate suspected infringements
Infringement notices and penalties
181Provisional infringement notice
182Final infringement notice
183Final infringement notice: directions to take enhanced consumer measures
Online interface notices
184Online interface notices
Undertakings
185Undertakings
186Effect of undertakings under section 185
187Undertakings under section 185: procedural requirements
188Provisional breach of undertakings enforcement notice
189Final breach of undertakings enforcement notice
190Monetary penalties under section 189: amount
Directions
191Provisional breach of directions enforcement notice
192Final breach of directions enforcement notice
193Monetary penalties under section 192: amount
194Powers of court to enforce directions
195Substantiation of claims
196Variation or revocation of directions
False or misleading information
197Provisional false information enforcement notice
198Final false information enforcement notice
Miscellaneous and appeals
199Statement of policy in relation to monetary penalties
200Interconnected bodies corporate
201Record-keeping and reporting requirements
202Appeals
Chapter 5Monetary penalties: general provisions
203Information to accompany orders or notices imposing monetary penalties
204Determination of turnover
205Power to amend amounts
206Recovery of monetary penalties
207Monetary penalties: further provision
Chapter 6Investigatory powers
208Investigatory powers of enforcers
Chapter 7Miscellaneous
209Powers to amend Schedule 15 and Schedule 16
210Rules
211Procedural requirements for making of rules
212Guidance
213Defamation
214Minor and consequential amendments relating to this Part
215Transitional and saving provision relating to this Part
216Enforcement of requirements relating to secondary ticketing
Chapter 8Interpretation of Part
217Supply of goods or digital content
218Supply of services
219Accessories
220Special relationships
221Enhanced consumer measures
222Other interpretative provisions
223Index of defined expressions
Part 4Consumer rights and disputes
Chapter 1Protection from unfair trading
Introduction
224Overview
Prohibition of unfair commercial practices
225Prohibition of unfair commercial practices
226Misleading actions
227Misleading omissions
228Aggressive practices
229Contravention of the requirements of professional diligence
230Omission of material information from invitation to purchase
Public enforcement
231Public enforcement
Consumers’ rights of redress relating to unfair commercial practices
232Rights of redress
233Rights of redress: further provision
234Enforcement of rights of redress
235Relationship between rights of redress and other claims relating to prohibited practices
Inertia selling
236Inertia selling
Offences relating to unfair commercial practices
237Offences
238Defence of due diligence and innocent publication
239Offences: criminal liability of others
240Penalty for offences
241Time limit for prosecution
Miscellaneous
242Powers to amend this Chapter
243Crown application
244Validity of agreements
Interpretation
245Meaning of “transactional decision”
246Meaning of “average consumer”: general
247Meaning of “average consumer”: vulnerable persons
248Meaning of “product”
249General interpretation
250Index of defined terms
Consequential amendments and transitional provision
251Consequential amendments relating to this Chapter
252Transitional and saving provision relating to this Chapter
Chapter 2Subscription contracts
Introduction
253Overview
254Meaning of “subscription contract”
255Excluded contracts
Duties of traders
256Pre-contract information
257Pre-contract information: additional requirements
258Reminder notices
259Content and timing etc of reminder notices
260Arrangements for consumers to exercise right to end contract
261Duties of trader on cancellation or end of subscription contract
Rights of consumers to cancel contract for breach
262Terms implied into contracts
263Right to cancel for breach of implied term
Cooling-off rights
264Right to cancel during cooling-off periods
265Meaning of “initial cooling-off period” and “renewal cooling-off period”
266Cooling-off notice
Cancellation of contracts under this Chapter: further provision
267Cancellation of subscription contract: further provision
Offence of failing to provide information about cooling-off rights
268Offence of failing to provide information about initial cooling-off rights
269Defence of due diligence
270Offences by officers of a body corporate etc
271Penalty for offence and enforcement
General and miscellaneous provision
272Information and notices: timing and burden of proof
273Terms of a subscription contract which are of no effect
274Other remedies for breach by trader
275Application of this Chapter
276Crown application
277Power to make further provision in connection with this Chapter
Consequential amendments
278Consequential amendments to the Consumer Rights Act 2015
279Other consequential amendments
General interpretation
280Interpretation
281Index of defined expressions
Chapter 3Consumer Savings Schemes
282Meaning of “consumer savings scheme contract”
283Other defined terms
284Excluded arrangements
285Insolvency protection requirement
286Insurance arrangements
287Trust arrangements
288Information requirements
289Consequential amendments
290Interpretation
Chapter 4Alternative dispute resolution for consumer contract disputes
Interpretation of Chapter 4
291Meaning of “ADR” and related terms
292Other definitions
Prohibition on acting as ADR provider without accreditation etc
293Prohibitions relating to acting as ADR provider
294Prohibitions relating to charging fees to consumers
Exempt ADR providers
295Exempt ADR providers
Accreditation: procedure etc
296Applications for accreditation or variation of accreditation
297Determination of applications for accreditation or variation of accreditation
298Revocation or suspension of accreditations etc
299Fees payable by accredited ADR providers
300ADR fees regulations
301Accreditation criteria
Enforcement of prohibitions etc
302Enforcement notices
Provision of Information etc
303ADR information regulations
304ADR information directions
305Disclosure of ADR information by the Secretary of State
306Meaning of “ADR information” and other terms in sections 303 to 305
Involvement of other bodies in the regulation of ADR providers
307Power to provide for other persons to have accreditation functions etc
Complaints by consumers to traders
308Duty of trader to notify consumer of ADR arrangements etc
Consequential amendments etc and transitional provision
309Consequential amendments etc relating to this Chapter
310Transitional provision relating to this Chapter
Part 5Miscellaneous
Chapter 1Competition in connection with motor fuel
311Provision of information about competition in connection with motor fuel
312Penalties for failure to comply with notices under section 311
313Procedure and appeals
314Statement of policy on penalties
315Offences etc
316Penalties under section 312 and offences under section 315
317Information sharing
318Expiry of this Chapter
Chapter 2Provision of investigative assistance to overseas regulators
319Provision of investigative assistance to overseas regulators
320Requests for investigative assistance
321The appropriateness of providing investigative assistance
322Authorisation of the provision of investigative assistance
323Notifications in respect of requests for investigative assistance
324Guidance in connection with investigative assistance
325Amendments to other legislation
Chapter 3Miscellaneous
326Disclosing information overseas
327Duty of expedition on the CMA and sectoral regulators
328Offenders assisting investigations and prosecutions: powers of the CMA
329Removal of limit on the tenure of a chair of the Competition Appeal Tribunal
Part 6General
330Interpretation
331Data protection
332Notices
333Consultation
334Financial provision
335Minor and consequential amendments
336Power to make further consequential provision
337Regulations
338Extent
339Commencement
340Short title
Schedules
Schedule 1Procedure relating to commitments
1Application of Schedule
2Procedure for accepting a commitment or requested variation
3(1) Before accepting a modification of a commitment or requested...
4The CMA must publish notice of its decision on whether...
5The requirements of paragraphs 2 and 3 do not apply...
6Procedure for releasing an undertaking from a commitment
7The CMA must publish a notice of its decision on...
Schedule 2Mergers: holding of interests and rights
1Joint interests
2Joint arrangements
3Interests held by nominees
4Rights treated as held by person who controls their exercise
5Rights exercisable only in certain circumstances etc
6Rights attached to shares held by way of security
7Arrangements
Schedule 3Power of Competition Appeal Tribunal to grant declaratory relief
1Chapter 4 of Part 1 of CA 1998 (appeals before...
2In the italic heading before section 47A, after “damage” insert...
3In section 47A (proceedings before the Tribunal: claims for damages...
4After section 47D insert— Proceedings under section 47A or collective...
5In the italic heading before section 47F, after “damage” insert...
6(1) Section 47F (further provision about claims in respect of...
7(1) In section 49 (further appeals from the Tribunal), subsection...
8(1) Schedule 8A (further provision about claims in respect of...
9In Schedule 4 to EA 2002 (Competition Appeal Tribunal: procedure),...
Schedule 4Relevant and special merger situations
1Chapter 1 of Part 3 of EA 2002 (mergers: duty...
2(1) Section 23 (relevant merger situations) is amended as follows....
3(1) Section 28 (turnover test) is amended as follows.
4In Chapter 2 of Part 3 of EA 2002 (mergers:...
5Chapter 3 of Part 3 of EA 2002 (mergers: other...
6(1) Section 59 (intervention by Secretary of State in special...
7(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications...
8Chapter 5 of Part 3 of EA 2002 (mergers: supplementary)...
9(1) Section 123 (power to alter share of supply test)...
10In section 130 (index of defined expressions), in the appropriate...
Schedule 5Mergers: fast-track references under sections 22 and 33 of EA 2002
1Chapter 1 of Part 3 of EA 2002 (mergers: duty...
2(1) Section 22 (duty to make references in relation to...
3(1) Section 33 (duty to make references in relation to...
4(1) Section 34ZA (time-limits for decisions about references) is amended...
5In section 34ZB (extension of time-limits), in subsection (1), for...
6In section 34ZC (sections 34ZA and 34ZB: supplementary), in subsection...
7After section 34ZC (sections 34ZA and 34ZB: supplementary) insert— Fast-track...
8(1) Section 39 (time-limits for investigations and reports) is amended...
9(1) Section 40 (section 39: supplementary) is amended as follows....
10(1) In Chapter 3 of Part 3 of EA 2002...
11(1) In Chapter 4 of Part 3 of EA 2002...
12Chapter 5 of Part 3 of EA 2002 (mergers: supplementary)...
13In section 104 (certain duties of relevant authorities to consult),...
14(1) Section 107 (further publicity requirements) is amended as follows....
15In section 130 (interpretation), in the appropriate place insert— Fast-track...
Schedule 6Mergers of energy network enterprises
1Part 3 of EA 2002 (mergers) is amended as follows....
2(1) Section 22 (duty to make references in relation to...
3In section 33(3) (circumstances in which references in relation to...
4In section 68B (further duty to make references in relation...
5In section 68C (further duty to make references in relation...
6(1) In section 72 (initial enforcement orders: completed or anticipated...
7(1) Section 73 (undertakings in lieu of references under section...
8In section 73A (time-limits for consideration of undertakings), in subsection...
9(1) Section 74 (effect of undertakings under section 73) is...
10(1) Section 75 (order-making power where undertakings under section 73...
11(1) Section 79 (sections 77 and 78: further interpretative provisions)...
12(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications...
13(1) Schedule 16 to the Energy Act 2023 (mergers of...
Schedule 7Mergers involving newspaper enterprises and foreign powers
1Introduction
2Prohibition on newspaper enterprise mergers involving foreign powers
3After Schedule 6 insert— Schedule 6A Determination of when a...
4Further amendments
Schedule 8Acceptance of undertakings at any stage of a market study or investigation
1Part 4 of EA 2002 (market studies and market investigations)...
2(1) Section 131B (market studies and the making of decisions...
3(1) Section 133A (functions to be exercised by CMA groups)...
4In section 136 (investigations and reports on market investigation references),...
5(1) Section 139 (public interest intervention by the Secretary of...
6(1) Section 140 (intervention notices under section 139(1)) is amended...
7In section 150 (power of veto of Secretary of State),...
8For section 154 (and the italic heading immediately before it)...
9(1) Section 155 (undertakings in lieu: procedural requirements) is amended...
10(1) Section 156 (effect of undertakings under section 154) is...
11After section 156 insert— Interim undertakings and orders .
12After section 158 insert— Final undertakings and orders .
13(1) Section 162 (duty of CMA to monitor the carrying...
14In section 169(6) (certain duties of relevant authorities to consult:...
15(1) Section 174C (section 174B: supplementary provision) is amended as...
16In section 183 (interpretation: Part 4), in subsection (3), in...
17In Schedule 4 to the Enterprise and Regulatory Reform Act...
Schedule 9Final undertakings and orders: power to conduct trials
1Part 4 of EA 2002 (market studies and market investigations)...
2(1) Section 133A (functions to be exercised by CMA groups)...
3(1) Section 138A (time-limits for discharging duty under section 138)...
4After section 161A (acceptance of enforcement undertakings: Part 4) (inserted...
5After section 162A (inserted by section 139(4)) insert— Power to...
6In section 165 (procedural requirements for certain undertakings and orders:...
7(1) Section 167 (rights to enforce undertakings and orders under...
8(1) Section 167A (enforcement of enforcement undertakings and orders: imposition...
9(1) In section 167B (penalties under section 167A: amount) (inserted...
10(1) In section 169 (certain duties of relevant authorities to...
11In section 172 (further publicity requirements: Part 4), in subsection...
Schedule 10Civil penalties etc in connection with competition investigations
Part 1Investigations under Part 1 of CA 1998 (competition)
1In Part 1 of CA 1998 (competition), Chapter 3 (investigation...
2(1) In section 26 (investigations: powers to require documents and...
3(1) In section 26A (investigations: power to ask questions), subsection...
4In section 27 (power to enter business premises without a...
5(1) In section 29 (entry of premises under warrant: supplementary),...
6(1) In section 40ZD (information relating to transferred EU anti-trust...
7For the italic heading before section 40A substitute— Civil sanctions:...
8Before section 40A (but after the italic heading substituted by...
9(1) Section 40A (penalties: failure to comply with requirements) is...
10(1) Section 40B (statement of policy on penalties) is amended...
11(1) Section 42 (offences) is amended as follows.
12In section 43 (destroying or falsifying documents), after subsection (1)...
13In section 44 (false or misleading information), after subsection (2)...
Part 2Investigations under Part 3 of EA 2002 (mergers)
14In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary:...
15(1) Section 110 (enforcement of powers under section 109: general)...
16(1) Section 110A (restriction on powers to impose penalties under...
17(1) Section 111 (penalties) is amended as follows.
18(1) Section 112 (penalties: main procedural requirements) is amended as...
19(1) Section 113 (payment and interest by instalments) is amended...
20(1) Section 114 (appeals in relation to penalties) is amended...
21(1) Section 115 (recovery of penalties) is amended as follows....
22(1) Section 116 (statement of policy) is amended as follows....
23After section 116 insert— Intentional destruction etc of documents (1) A person (“P”) commits an offence if the person...
24(1) Section 117 (false or misleading information) is amended as...
25In section 120 (review of decisions under Part 3), in...
Part 3Investigations under Part 4 of EA 2002 (market studies and market investigations)
26In Part 4 of EA 2002 (market studies and market...
27(1) Section 174A (enforcement of powers under section 174: general)...
28(1) Section 174B (restriction on powers to impose penalties under...
29(1) Section 174D (penalties) is amended as follows.
30(1) Section 174E (statement of policy on penalties) is amended...
31In section 179 (review of decisions under Part 4), in...
32(1) Section 180 (offences) is amended as follows.
33In section 183 (interpretation: Part 4), in subsection (1), at...
34In section 184 (index of defined expressions: Part 4), at...
Schedule 11Civil penalties etc in connection with breaches of remedies
Part 1Commitments and directions under Part 1 of CA 1998 (competition)
1In Part 1 of CA 1998 (competition), Chapter 3 (investigation...
2In section 31A (commitments), after subsection (2) insert—
3In section 31E (enforcement of commitments), after subsection (3) insert—...
4In the italic heading before section 32, at the end...
5In section 34 (enforcement of directions), after subsection (3) insert—...
6After section 35 insert— Civil sanctions: breaches of commitments, directions...
Part 2Undertakings and orders under Part 3 of EA 2002 (mergers)
7In Part 3 of EA 2002 (mergers), Chapter 4 (enforcement)...
8(1) Section 34C (functions to be exercised by CMA groups)...
9(1) Section 89 (subject-matter of undertakings) is amended as follows....
10In section 94 (rights to enforce undertakings and orders), after...
11For section 94A substitute— Enforcement of undertakings and orders: imposition...
12(1) Section 94B (statement of policy in relation to powers...
13In section 120 (review of decisions under Part 3), in...
Part 3Undertakings and orders under Part 4 of EA 2002 (market studies and market investigations)
14In Part 4 of EA 2002 (market studies and market...
15(1) Section 133A (functions to be exercised by CMA groups)...
16After section 161 insert— Acceptance of enforcement undertakings: Part 4...
17In section 167 (rights to enforce undertakings and orders under...
18After section 167 insert— Enforcement of undertakings and orders: imposition...
19In section 179 (review of decisions under Part 4), in...
Schedule 12Civil penalties: amendments relating to sectoral regulators
1The Civil Aviation Authority (CAA)
2(1) Section 60 (functions of the CAA under Part 4...
3In section 61 (functions of the CAA under Part 4...
4(1) Section 62 (functions of the CAA under CA 1998)...
5In section 63 (functions of the CAA under CA 1998:...
6(1) Section 86 of the Transport Act 2000 (functions of...
7The Financial Conduct Authority (FCA)
8(1) Section 234I (functions of the FCA under Part 4...
9(1) Section 234J (functions of the FCA under CA 1998)...
10The Northern Ireland Authority for Utility Regulation
11(1) Article 23 of the Gas (Northern Ireland) Order 1996...
12(1) Article 46 of the Electricity (Northern Ireland) Order 1992...
13The Office of Communications (OFCOM)
14(1) Section 370 (functions of OFCOM under Part 4 of...
15(1) Section 371 (functions of OFCOM under CA 1998) is...
16(1) Section 392 (penalties imposed by OFCOM) is amended as...
17The Office of Gas and Electricity Markets (Ofgem)
18(1) Section 36A of the Gas Act 1986 (functions of...
19The Office of Rail and Road (ORR)
20The Payment Systems Regulator
21(1) Section 59 (functions of the Payment Systems Regulator under...
22(1) Section 61 (functions of the Payment Systems Regulator under...
23The Water Services Regulation Authority (Ofwat)
Schedule 13Service and extra-territoriality of notices under CA 1998 and EA 2002
1Service of documents etc
2In Part 1 of CA 1998, in Chapter 3 (investigation...
3In section 61(4) of the Financial Services (Banking Reform) Act...
4In section 62(4) of the Civil Aviation Act 2012 (functions...
5In section 371(3) of the Communications Act 2002 (functions of...
6In section 86(4)(b) of the Transport Act 2000 (functions of...
7In section 234J(4) of the Financial Services and Markets Act...
8In section 67(3A) of the Railways Act 1993 (functions of...
9In section 31(4A) of the Water Industry Act 1991 (functions...
10In section 43(3A) of the Electricity Act 1989 (functions of...
11In section 36A(3A) of the Gas Act 1986 (functions of...
12In Article 29(5) of the Water and Sewerage Services (Northern...
13In Article 23(3A) of the Gas (Northern Ireland) Order 1996...
14In Article 46(3A) of the Electricity (Northern Ireland) Order 1992...
15Extra-territoriality of notices under CA 1998 and EA 2002
16In Chapter 5 of Part 3 of EA 2002 (mergers:...
17In Chapter 4 of Part 4 of EA 2002 (market...
Schedule 14Orders and regulations under CA 1998 and EA 2002
1Orders and regulations under CA 1998
2Orders and regulations under Part 3 of EA 2002
3Orders and regulations under Part 4 of EA 2002
Schedule 15Consumer protection enactments
Part 1Enactments
Part 2Obligations and rules of law
Schedule 16Direct enforcement enactments
Schedule 17Investigatory powers
1Introductory
2Penalties for non-compliance with information notices
3Extra-territorial application in relation to notices
4Means of giving notices
5Access to documents
6Meaning of “firm”
Schedule 18Part 3: minor and consequential amendments
1Estate Agents Act 1979
2Companies Act 1985
3Enterprise Act 2002
4Omit Part 8 (including Schedule 13).
5In section 238 (information), in subsection (1), in paragraph (a)...
6In section 243 (overseas disclosures), in subsection (3)(a) for the...
7In Schedule 14 (provisions about disclosure of information) at the...
8In Schedule 15 (enactments conferring functions) at the appropriate place...
9Companies Act 2006
10Regulatory Enforcement and Sanctions Act 2008
11Consumer Rights Act 2015
Schedule 19Part 3: transitional and saving provisions
1Interpretation
2General rules
3Rules applicable to continuing conduct
4Rules applicable to undertakings given to enforcers under the old law
5Information notices under Schedule 5 to CRA 2015
6Further provision
Schedule 20Commercial practices which are in all circumstances considered unfair
1Claiming to be a signatory to a code of conduct...
2Claiming that a code of conduct has an endorsement from...
3Displaying a trust mark, quality mark or equivalent without having...
4Claiming that a trader, a trader’s commercial practice, or a...
5(1) Making an invitation to purchase products at a specified...
6Making an invitation to purchase products at a specified price...
7Falsely stating that a product will only be available for...
8Undertaking to provide an after-sales service to consumers and then...
9Falsely claiming or creating the false impression that an after-sales...
10Stating or otherwise creating the impression that a product can...
11Presenting rights given to consumers by law as a distinctive...
12Using editorial content in the media to promote a product...
13(1) Submitting, or commissioning another person to submit or write—...
14Making a materially inaccurate claim concerning the nature and extent...
15Promoting a product similar to a product made by a...
16(1) Establishing, operating or promoting a pyramid promotional scheme.
17Claiming that the trader is about to cease trading or...
18Claiming that products are able to facilitate winning in games...
19(1) Falsely claiming that a product is able to—
20Providing (including passing on) materially inaccurate information about market conditions...
21Claiming to offer a competition or prize promotion without awarding...
22Creating the false impression that the consumer has already won,...
23Describing a product as “gratis”, “free”, “without charge” or similar...
24Including in marketing material an invoice or similar document seeking...
25Falsely claiming or creating the false impression that the trader...
26Creating the impression that the consumer cannot leave the premises...
27Ignoring a request from a consumer to leave or not...
28Making persistent and unwanted solicitations by any means, other than...
29Requiring a consumer who wishes to claim on an insurance...
30Including in an advertisement a direct appeal to children to...
31Supplying products to a consumer that have not been requested...
32Explicitly telling a consumer that if the consumer does not...
Schedule 21Chapter 1 of Part 4: consequential amendments
1Administration of Justice Act 1970 (c. 31)
2Trade Descriptions Act 1968 (c. 29)
3Hallmarking Act 1973 (c. 43)
4Prescription and Limitation (Scotland) Act 1973 (c. 52)
5Companies Act 1985 (c. 6)
6Copyright, Designs and Patents Act 1988 (c. 48)
7Trade Marks Act 1994 (c. 26)
8Enterprise Act 2002 (c. 40)
9Licensing Act 2003 (c. 17)
10Companies Act 2006 (c. 46)
11Regulatory Enforcement and Sanctions Act 2008 (c. 13)
12Consumer Rights Act 2015 (c. 15)
13Online Safety Act 2023 (c. 50)
Schedule 22Excluded contracts
1Utilities
2Insurance and financial services
3Medical prescriptions etc.
4(1) A contract for the supply of goods, services or...
5Contracts regulated by OFCOM
6(1) A contract for the supply of a premium rate...
7In paragraphs 5 and 6, “OFCOM” means the Office of...
8Rent of residential accommodation
9Delivery of foodstuffs etc. by micro-entity
10Package holidays etc
11Timeshares etc
12Childcare (including school age education)
13Gambling contracts
Schedule 23Pre-contract information and reminder notices
Part 1Key pre-contract information
1The information referred to in section 256(1)(a) is as follows....
2If section 254(2) applies to the contract—
3If section 254(3) applies to the contract—
4The frequency with which the consumer will become liable for...
5If different to the information referred to in paragraph 4,...
6The minimum total amount for which the consumer will become...
7Whether the contract provides for— (a) any changes to the...
8The steps that the consumer must take to bring the...
9The amount of notice that the consumer must give to...
10The period within which reminder notices in relation to the...
11A summary of— (a) the consumer’s right to cancel the...
Part 2Full pre-contract information
12The information referred to in section 256(1)(b) is as follows....
13The information set out in Part 1 of this Schedule....
14The main characteristics of the goods, services or digital content,...
15(1) The identity of the trader and the identity of...
16(1) The business address and, if different, the service address...
17In relation to any other person on whose behalf the...
18All additional delivery charges and any other costs or, where...
19The arrangements for payment, delivery, performance, and the time by...
20The trader’s complaint handling policy.
21The following information about the consumer’s right to cancel the...
22The following information about any right the consumer has to...
23A reminder of the statutory rights of the consumer under...
24(1) The existence and conditions of after-sale customer assistance, after-sales...
25(1) The existence of relevant codes of conduct and how...
26The existence and the conditions of deposits or other financial...
27(1) The functionality, including applicable technical protection measures, of digital...
28The possibility of having recourse to an out-of-court complaint and...
Part 3Reminder notices
29The information referred to in section 259(1)(a) (information that must...
30That the consumer will become liable for the renewal payment...
31The date (“the renewal date”) on which the consumer will...
32The amount of the previous renewal payment for which the...
33If the renewal payment to which the notice relates is...
34If, having not brought the contract to an end before...
35The amount of any payments equivalent to those mentioned in...
36If the payments mentioned in paragraph 34 are (or may...
37The minimum total amount for which the consumer will become...
38The date on which the consumer will become liable for...
39The steps that the consumer may take to bring the...
Schedule 24Excluded arrangements
1Regulated financial services activity
2Arrangements for the supply of utilities
3Contracts regulated by OFCOM
4Contracts for prepaid passenger transport services
5Small businesses
6Childcare voucher schemes
7Package holidays etc.
Schedule 25Exempt ADR providers
Part 1List of exempt persons
Part 2Exempt redress schemes
Part 3Supplementary
1In this Schedule— “approved estate agents redress scheme” means an...
Schedule 26Accreditation criteria
Part 1The criteria applicable to an accredited ADR provider
1Criterion 1: information for consumers
2Criterion 2: readiness to carry out ADR
3Criterion 3: expertise
4Criterion 4: facilities for consumers and traders to participate
5Criterion 5: fair ADR procedures
6Criterion 6: independence and impartiality
7Criterion 7: information for parties
Part 2Supplementary
8The following provisions have effect for the interpretation or application...
9The accreditation criteria only apply to the ADR provider so...
10“Procedures”, in relation to ADR, means any rules, requirements or...
11“Dispute” means a consumer contract dispute.
Schedule 27Chapter 4 of Part 4: consequential amendments etc
1Prescription and Limitation (Scotland) Act 1973
2Limitation Act 1980
3Foreign Limitation Periods Act 1984
4Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
5Financial Services and Markets Act 2000
6Enterprise Act 2002
7Regulatory Enforcement and Sanctions Act 2008
8Equality Act 2010
9Consumer Rights Act 2015
10Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)
Schedule 28Provision of investigative assistance to overseas regulators
1Amendments to Part 3 of EA 2002
2In section 110A (restriction on powers to impose penalties under...
3In section 111 (penalties: amount) (as amended by paragraph 17...
4(1) Section 120 (reviews of decisions under Part 3) is...
5Amendment to Part 9 of EA 2002
6In Schedule 14 to EA 2002 (specified functions), at the...
7In Schedule 15 to EA 2002 (enactments conferring functions), at...
8Amendments to CA 1998
9(1) Section 25A (power of CMA to publish notice of...
10(1) Section 25B (duty to preserve documents relevant to investigations)...
11In section 40A (penalties: amount), in subsection (7), after paragraph...
Schedule 29Duty of expedition on sectoral regulators in respect of their competition functions
1The Civil Aviation Authority (CAA)
2In section 86 of the Transport Act 2000 (functions of...
3The Financial Conduct Authority (FCA)
4The Northern Ireland Authority for Utility Regulation
5In Article 23 of the Gas (Northern Ireland) Order 1996...
6In Article 46 of the Electricity (Northern Ireland) Order 1992...
7The Office of Communications (OFCOM)
8The Office of Gas and Electricity Markets (Ofgem)
9In section 43 of the Electricity Act 1989 (functions of...
10The Office of Rail and Road (ORR)
11The Payment Systems Regulator
12The Water Services Regulation Authority (Ofwat)
Schedule 30Minor and consequential amendments
Part 1Amendments to Acts of Parliament
1Competition Act 1980 (c. 21)
2In section 11B(1) (references under section 11: powers of investigation...
3In section 11C(1) (references under section 11: further supplementary provisions),...
4In section 11D(7) (interim orders), in paragraph (d), after “penalties)”...
5Telecommunications Act 1984 (c. 12)
6Companies Act 1985 (c. 6)
7Airports Act 1986 (c. 31)
8Gas Act 1986 (c. 44)
9Water Act 1989 (c. 15)
10Electricity Act 1989 (c. 29)
11Water Industry Act 1991 (c. 56)
12(1) Section 14B (references under section 14: powers of investigation)...
13(1) Section 16B (CMA’s power of veto following report: supplementary)...
14(1) Section 17M (references under section 17K: powers of investigation)...
15(1) Section 17Q (section 17P: supplementary) is amended as follows....
16In Part 2 of Schedule 15 (enactments etc in respect...
17Railways Act 1993 (c. 43)
18(1) Section 13B (references under section 13: application of EA...
19(1) Section 15C (sections 15A and 15B: supplementary) is amended...
20In section 145 (general restrictions on disclosure of information), in...
21Schedule 4A (review of access charges by the Office of...
22(1) Paragraph 10A (references under paragraph 9: application of EA...
23(1) Paragraph 15 (paragraphs 13 and 14: supplementary) is amended...
24Coal Industry Act 1994 (c. 21)
25Greater London Authority Act 1999 (c. 29)
26Utilities Act 2000 (c. 27)
27Transport Act 2000 (c. 38)
28Communications Act 2003 (c. 21)
29Wireless Telegraphy Act 2006 (c. 36)
30Companies Act 2006 (c. 46)
31Legal Services Act 2007 (c. 29)
32Postal Services Act 2011 (c. 5)
33Civil Aviation Act 2012 (c. 19)
Part 2Amendments to other legislation
34Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
35In Article 63 (general restrictions on disclosure of information), in...
36(1) In Schedule 2 (orders altering licensable activities), paragraph 5...
37Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)
38(1) Article 5 (references: powers of investigation) is amended as...
39(1) Article 10 (Article 9: supplementary) is amended as follows....
40Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
41(1) Article 23 (references under Article 21: powers of investigation)...
42(1) Article 27 (CMA’s power of veto following report: supplementary)...
43In Article 265 (restrictions on disclosure of information), in paragraph...
44Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (S.I. 2011/2749)
45Postal Services Act 2011 (Disclosure of Information) Order 2012 (S.I. 2012/1128)

Digital Markets, Competition and Consumers Act 2024

2024 Chapter 13

An Act to provide for the regulation of competition in digital markets; to amend the Competition Act 1998 and the Enterprise Act 2002 and to make other provision about competition law; to make provision relating to the protection of consumer rights and to confer further such rights; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—