Search Legislation

Digital Markets, Competition and Consumers Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Status:

This version of this provision is prospective. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Digital Markets, Competition and Consumers Act 2024, Paragraph 3. Help about Changes to Legislation

Prospective

Extra-territorial application in relation to noticesU.K.

This section has no associated Explanatory Notes

3After paragraph 17 insert—

Extra-territorial application in relation to notices under paragraph 14

17A(1)This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.

(2)The power is exercisable so as to—

(a)give the notice to a person who is outside the United Kingdom;

(b)require the provision of information held outside the United Kingdom.

(3)Sub-paragraph (4) applies where—

(a)an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and

(b)the enforcer does not consider that the person is a potential enforcement subject.

(4)Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.

(5)A person has a UK connection if the person—

(a)is a United Kingdom national,

(b)is an individual who is habitually resident in the United Kingdom,

(c)is a firm established in the United Kingdom, or

(d)carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

(6)For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer—

(a)to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;

(b)to ascertain whether P has breached any legislation mentioned in paragraph 13(4);

(c)to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);

(d)to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.

(7)In sub-paragraph (5)(a)United Kingdom national” means—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who is a British subject under the British Nationality Act 1981;

(c)a British protection person within the meaning of that Act.

(8)For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—

(a)it is incorporated or formed under the law of a part of the United Kingdom, or

(b)it is administered under arrangements governed by the law of a part of the United Kingdom.

(9)References in this paragraph to an enforcer include an officer of an enforcer.

Commencement Information

I1Sch. 17 para. 3 not in force at Royal Assent, see s. 339(1)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?