Digital Markets, Competition and Consumers Act 2024 (c. 13)

Part 4 U.K. Consumer rights and disputes

Chapter 2 U.K. Subscription contracts

Prospective

Consequential amendments U.K.

278 Consequential amendments to the Consumer Rights Act 2015 U.K.

(1) CRA 2015 is amended as follows.

(2) In section 11 (goods to be as described)—

(a) in subsection (4), after “(SI 2013/3134)” insert “, or in paragraph 14 of Schedule 23 to the Digital Markets, Competition and Consumers Act 2024,”, and

(b) in subsection (5), after “effective” insert “as a variation of a term implied by subsection (4)”.

(3) In section 12 (other pre-contract information included in contract)—

(a) after subsection (2) insert—

“(2A) Where section 256(1) of the Digital Markets, Competition and Consumers Act 2024 (pre-contract information) required the trader to give information, or make information available, to the consumer, any of that information that was provided by the trader other than information about goods mentioned in paragraph 14 of Schedule 23 to that Act is to be treated as included as a term of the contract.”, and

(b) in subsection (3)—

(i) for “that information” substitute “the information that is to be treated as a term of a contract under subsection (2) or (2A)”, and

(ii) after “effective” insert “as a variation of a term implied by subsection (2) or (2A)”.

(4) In section 36 (digital content to be as described)—

(a) in subsection (3), after “(SI 2013/3134)” insert “, or in paragraph 14 or 27 of Schedule 23 to the Digital Markets, Competition and Consumers Act 2024,”, and

(b) in subsection (4), after “effective” insert “as a variation of a term implied by subsection (3)”.

(5) In section 37 (other pre-contract information included in contract)—

(a) after subsection (2) insert—

“(2A) Where section 256(1) of the Digital Markets, Competition and Consumers Act 2024 (pre-contract information) required the trader to give information, or make information available, to the consumer, any of that information that was provided by the trader other than information about digital content mentioned in paragraph 14 or 27 of Schedule 23 to that Act is to be treated as included as a term of the contract.”;

(b) in subsection (3)—

(i) for “that information” substitute “the information that is to be treated as a term of a contract under subsection (2) or (2A)”, and

(ii) after “effective” insert “as a variation of a term implied by subsection (2) or (2A)”.

(6) In section 50 (information about the trader or service to be binding)—

(a) in subsection (3), after “(SI 2013/3134)” insert “, or in accordance with section 256(1) of the Digital Markets, Competition and Consumers Act 2024,”, and

(b) in subsection (4), after “effective” insert “as a variation of a term implied by subsection (3)”.

(7) In paragraph 10 of Schedule 5 to CRA 2015 (investigatory powers: enforcer’s legislation), at the appropriate place insert—

• “Section 271(2) and (3) of the Digital Markets, Competition and Consumers Act 2024;”.

Commencement Information

I1 S. 278 not in force at Royal Assent, see s. 339(1)

279 Other consequential amendments U.K.

(1) In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert—

• “Digital Markets, Competition and Consumers Act 2024, Chapter 2 of Part 4.”.

(2) In EA 2002—

(a) in Schedule 14 (provisions about disclosure of information) at the appropriate place insert—

• “Chapter 2 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 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.”

(3) The Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) is amended as follows.

(4) In regulation 5 (other definitions), at the appropriate place insert—

• ““subscription contract” has the meaning it has in Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (see section 254 of that Act);”.

(5) After regulation 7(4) (application of Part 2) insert—

“(4A) This Part does not apply to a subscription contract entered into after section 256 of the Digital Markets, Competition and Consumers Act 2024 comes into force.”

(6) After regulation 27(3) (application of Part 3) insert—

“(3A) This Part does not apply to a subscription contract entered into after section 264 of the Digital Markets, Competition and Consumers Act 2024 comes into force.”

Commencement Information

I2 S. 279 not in force at Royal Assent, see s. 339(1)