Digital Markets, Competition and Consumers Act 2024

278 Consequential amendments to the Consumer Rights Act 2015

(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;”.