A bill 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:—
Part 1 — Digital Markets¶
Chapter 1 — Overview¶
1 Overview¶
Chapter 2 — Strategic Market Status¶
Power to designate undertaking as having SMS¶
2 Designation of undertaking¶
3 Digital activities¶
4 Link to the United Kingdom¶
A digital activity is linked to the United Kingdom for the purposes of section 2(1)(a) if—5 Substantial and entrenched market power¶
In order to assess whether an undertaking has substantial and entrenched market power in respect of a digital activity for the purposes of section 2(2)(a), the CMA must carry out a forward-looking assessment of a period of at least 5 years, taking into account developments that—6 Position of strategic significance¶
7 The turnover condition¶
8 Turnover of an undertaking¶
Procedure¶
9 Initial SMS investigations¶
10 Further SMS investigations¶
11 Procedure relating to SMS investigations¶
12 Closing an initial SMS investigation without a decision¶
13 Consultation on proposed decision¶
14 Outcome of SMS investigations¶
15 Notice requirements: decisions to designate¶
16 Notice requirements: decisions to revoke a designation¶
17 Existing obligations¶
18 Designation period¶
Chapter 3 — Conduct requirements¶
Imposition of conduct requirements¶
19 Power to impose conduct requirements¶
20 Permitted types of conduct requirement¶
21 Content of notice imposing a conduct requirement¶
A notice under section 19(1) or (2) must include, in relation to each conduct requirement, a statement of—22 Revocation of conduct requirements¶
23 Transitional provision relating to conduct requirements etc¶
24 Consultation in relation to a conduct requirement¶
25 Duty to keep conduct requirements under review etc¶
The CMA must keep under review, in relation to a designated undertaking—Enforcement of conduct requirements¶
26 Power to begin a conduct investigation¶
27 Consideration of representations¶
Before making a finding that an undertaking to which a conduct investigation relates has breached or is breaching a conduct requirement, the CMA must consider any representations that the undertaking makes in relation to the conduct investigation.28 Closing a conduct investigation without making a finding¶
29 Countervailing benefits exemption¶
30 Notice of findings¶
31 Enforcement orders¶
32 Interim enforcement orders¶
33 Duration of enforcement orders¶
34 Revocation of enforcement orders¶
35 Duty to keep enforcement orders under review¶
The CMA must keep under review—Commitments relating to conduct requirements¶
36 Commitments¶
37 Duty to keep commitments under review etc¶
The CMA must keep under review—Final offer mechanism¶
38 Power to adopt final offer mechanism¶
39 Final offer mechanism¶
40 Final offers: outcome¶
41 Final offer orders: supplementary¶
42 Decision not to make final offer order¶
43 Duration and revocation of final offer orders¶
44 Duty to keep final offer orders under review¶
The CMA must keep under review—Chapter 4 — Pro-competition interventions¶
45 Power to make pro-competition interventions¶
46 Power to begin a PCI investigation etc¶
47 Procedure relating to PCI investigations¶
48 Consultation on proposed PCI decision¶
49 PCI decision¶
50 Pro-competition orders¶
51 Replacement of pro-competition orders¶
52 Duration and revocation etc of pro-competition orders¶
53 Consultation¶
54 Duty to review pro-competition orders etc¶
55 Commitments¶
Chapter 5 — Mergers¶
56 Duty to report possible mergers etc¶
57 Qualifying status¶
58 Value of consideration¶
59 Content of report etc¶
60 Application of the duty to report etc¶
61 Acceptance of report¶
62 Delay to possible mergers etc¶
63 Timing of a reportable event¶
Where a reportable event results from an agreement providing for P to acquire shares or voting rights, or to form a joint venture vehicle together with at least one other person, the event is to be treated as taking place for the purposes of section 56(1) and section 62(1) when P becomes unconditionally obliged to acquire the shares or voting rights, or to form the joint venture vehicle.64 Authorisation for one person to act for another¶
65 Applications for review of decisions relating to mergers¶
Section 120 of EA 2002 (review of decisions under Part 3 of EA 2002: mergers) applies in relation to a decision made by the CMA in connection with its functions under this Chapter, other than a decision about the imposition of a penalty under section 84(4) or 86, as it applies in relation to decisions listed in subsection (1A) of that section.66 Regulations about duty to report¶
67 Duty to keep compliance under review¶
The CMA must keep under review—Chapter 6 — Investigatory powers etc and compliance reports¶
Investigatory powers etc¶
68 Power to require information¶
69 Requirement to name a senior manager¶
70 Power of access¶
71 Power to interview¶
72 Use of interview statements in prosecution¶
73 Power to enter business premises without a warrant¶
74 Power to enter premises under a warrant¶
75 Power to enter premises under a warrant: supplementary¶
76 Amendments to the Criminal Justice and Police Act 2001¶
(7) Without prejudice to any power conferred by this section to take a copy of any document, nothing in this section, so far as it has effect by reference to the power to take copies of, or extracts from, information under section 74(2)(h) of the Digital Markets, Competition and Consumers Act 2024, is to be taken to confer any power to seize any information.
(v) section 74(6) of the Digital Markets, Competition and Consumers Act 2024.
(d) for the purposes of this Part, except sections 50 and 51, the powers in section 74(2)(d) and (f) of the Digital Markets, Competition and Consumers Act 2024 are to be treated as powers of seizure, and references to seizure and to seized property are to be construed accordingly.
(iv) section 74(2) of the Digital Markets, Competition and Consumers Act 2024.
(3B) In relation to property which has been seized in exercise, or purported exercise, of— (a) the power of seizure conferred by section 74(2) of the Digital Markets, Competition and Consumers Act 2024, or (b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power, references in this Part to an item subject to legal privilege are to be read as references to a privileged communication within the meaning of section 80 (privileged communications) of that Act.
(j) section 74(2)(j) of the Digital Markets, Competition and Consumers Act 2024;
73W Digital Markets, Competition and Consumers Act 2024 Each of the powers of seizure conferred by section 74(2)(i) and (j) of the Digital Markets, Competition and Consumers Act 2024 (seizure of information for the purposes of a breach investigation).
77 Application for a warrant¶
78 Reports by skilled persons¶
79 Duty to preserve information¶
80 Privileged communications¶
81 Power of CMA to publish notice of investigative assistance¶
Compliance reports etc¶
82 Nominated officer¶
83 Compliance reports¶
Chapter 7 — Enforcement and appeals¶
Civil penalties¶
84 Penalties for failure to comply with competition requirements¶
85 Amount of penalties under section 84¶
86 Penalties for failure to comply with investigative requirements¶
87 Amount of penalties under section 86¶
88 Procedure and appeals etc¶
(b) “the relevant guidance” means the statement of policy which was most recently published under section 90 of the Digital Markets, Competition and Consumers Act 2024 at the time of the act or omission giving rise to the penalty.
89 Calculation of daily rates and turnover¶
90 Statement of policy on penalties¶
91 Monetary penalties: criminal proceedings and convictions¶
Offences¶
92 Destroying or falsifying information¶
93 False or misleading information¶
94 Obstructing an officer¶
95 Offences by officers of a body corporate etc¶
96 Offences: limits on extra-territorial jurisdiction¶
97 Sentences¶
A person guilty of an offence under section 92, 93 or 94 is liable—Further enforcement provisions etc¶
98 Director disqualification¶
(e) a requirement imposed by or under Chapter 3 of Part 1 of the Digital Markets, Competition and Consumers Act 2024 (undertakings with strategic market status in respect of a digital activity: conduct requirements); (f) a requirement imposed by or under Chapter 4 of Part 1 of that Act (pro-competition interventions).
(e) a requirement imposed by or under Chapter 3 of Part 1 of the Digital Markets, Competition and Consumers Act 2024 (undertakings with strategic market status in respect of a digital activity: conduct requirements); (f) a requirement imposed by or under Chapter 4 of Part 1 of that Act (pro-competition interventions).
99 Enforcement of requirements¶
100 Rights to enforce requirements of this Part¶
101 Treatment of CMA breach decisions etc¶
Applications for review¶
102 Applications for review etc¶
Chapter 8 — Administration etc¶
Administration¶
103 Extension etc of periods¶
104 Extensions: supplementary¶
105 Exercise and delegation of functions¶
(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 46 of the 2024 Act.
(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, a pro-competition intervention under section 45 of the 2024 Act; (f) the contents of a notice under section 49 of the 2024 Act (notice of decision on pro-competition intervention); (g) whether to replace a pro-competition order under section 51 of the 2024 Act; (h) whether to revoke a pro-competition order under section 52 of the 2024 Act. (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.
(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.
106 Notices under this Part¶
Regulatory coordination and information sharing¶
107 Coordination with relevant regulators¶
108 Recommendations to the CMA¶
109 Information sharing¶
Part 1 of the Digital Markets, Competition and Consumers Act 2024.
“Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).”; “Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.”; “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation).”; “Part 4 of the Network and Information Systems Regulations 2018 (S.I. 2018/506).”; “Data Protection Act 2018.”; “Part 1 of the Digital Markets, Competition and Consumers Act 2024.”
(s) Part 1 of the Digital Markets, Competition and Consumers Act 2024.
Miscellaneous¶
110 Power to charge levy¶
111 Extra-territorial application¶
112 Defamation¶
For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in the exercise of any of its functions under this Part.113 Consultation and publication of statements¶
114 Guidance¶
Interpretation¶
115 Groups¶
116 General interpretation¶
Part 2 — Competition¶
Chapter 1 — Anti-trust¶
The Chapter 1 prohibition¶
117 Removal of requirement for agreements etc to be implemented in the UK¶
(1) Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom and which— (a) in the case of agreements, decisions or practices implemented, or intended to be implemented in the United Kingdom, may affect trade in the United Kingdom, or (b) in any other case, are likely to have an immediate, substantial and foreseeable effect on trade within the United Kingdom, are prohibited unless they are exempt in accordance with the provisions of this Part.
Investigations¶
118 Duty to preserve documents relevant to investigations¶
25B Duty to preserve documents relevant to investigations
(1) Subsection (2) applies where a person knows or suspects that an investigation by the CMA under section 25 is being or is likely to be carried out. (2) The person must not— (a) falsify, conceal, destroy or otherwise dispose of, or (b) cause or permit the falsification, concealment, destruction or disposal of, a document which the person knows or suspects is or would be relevant to the investigation.(3) In this section, the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
119 Production of information authorised by warrant¶
(g) to operate any equipment found on the premises for the purposes of producing such information in such a form; (h) to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g)); (i) to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
(g) to operate any equipment found on the premises for the purposes of producing such information in such a form; (h) to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g)); (i) to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
(1A) Nothing in section 28 or 28A authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsection (1), a person could not be required to produce or disclose under this Part.
120 Additional powers of seizure from domestic premises¶
Interim measures¶
121 Standard of review on appeals against interim measures directions¶
;(ha) to make directions under section 35, (hb) not to make directions under section 35,
Enforcement¶
122 Power of Competition Appeal Tribunal to grant declaratory relief¶
Schedule 3 makes provision allowing the Competition Appeal Tribunal to grant declaratory relief.123 Exemplary damages¶
(1) The Tribunal may not award exemplary damages in collective proceedings.
;(2) But an immunity recipient is not liable (either alone or jointly) by virtue of sub-paragraph (1)(e) to pay exemplary damages.
124 Offenders assisting investigations and prosecutions: powers of the CMA¶
.(dac) the Competition and Markets Authority;
(8) The Competition and Markets Authority, or a person designated by the Competition and Markets Authority under subsection (4)(e), may not give an immunity notice (but has the other powers available to specified prosecutors).
Chapter 2 — Mergers¶
125 Relevant merger situations and special merger situations¶
Schedule 4 makes provision amending the thresholds in Part 3 of EA 2002 (mergers) for the creation of relevant merger situations and special merger situations.126 Fast-track references under sections 22 and 33 of EA 2002¶
Schedule 5 makes provision amending Part 3 of EA 2002 (mergers) to include provision about the making of fast-track references under section 22 or 33 of that Act.127 Mutual agreements to extend time-limits: duty to make reference cases¶
;(2A) Where the CMA and the persons carrying on the enterprises concerned agree— (a) that the period within which a report under section 38 is to be prepared and published (the “original period”) should be extended, and (b) the duration of the period by which the original period should be extended (the “extension period”), the CMA may extend the original period by the extension period.
(7A) An extension under subsection (2A) continues in force until— (a) the end of the extension period, or (b) an earlier time if, before end of that period— (i) the CMA and the persons carrying on the enterprises concerned agree that the extension should be cancelled with effect from the earlier time, and (ii) the CMA publishes its decision to cancel the extension with effect from that time.
;(3) A period extended under any of subsections (2A), (3) or (4) of section 39 (each an “extension provision”) may also be extended under either or both of the other extension provisions.
128 Mutual agreements to extend time-limits: public interest cases¶
;(2A) Where — (a) the CMA and the persons carrying on the enterprises concerned agree— (i) that the period within which a report under section 50 is to be prepared and published (the “original period”) should be extended, and (ii) the duration of the period by which the original period should be extended (the “extension period”), and (b) the Secretary of State consents to the original period being extended by the extension period, the CMA may extend the original period by the extension period.
(7A) An extension under subsection (2A) continues in force until— (a) the end of the extension period, or (b) an earlier time if, before end of that period— (i) the CMA and the persons carrying on the enterprises concerned agree that the extension should be cancelled with effect from the earlier time, (ii) the Secretary of State consents to the cancellation of the extension with effect from that time, and (iii) the CMA publishes its decision to cancel the extension with effect from that time.
;(3) A period extended under any of subsections (2A), (3) or (4) of section 51 (each an “extension provision”) may also be extended under either or both of the other extension provisions.
129 Publication of merger notices online¶
In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary), in section 96(5) (merger notices), for “in the London, Edinburgh and Belfast Gazettes” substitute “online”.Chapter 3 — Markets¶
130 Market studies: removal of time-limit on pre-reference consultation¶
131 Scope of market investigations¶
;(1A) A market investigation reference may be framed so as to require the group constituted by the chair of the CMA in respect of the reference to confine its investigation into the effects of features of markets in the United Kingdom for goods or services of a description specified in the reference to the effects of particular features of such markets. (1B) For the purposes of subsection (1A), “particular features” means features specified in the reference.
;(2B) In subsections (1) and (2), “relevant feature” means— (a) any feature of a relevant market which is not excluded from investigation by virtue of section 133(1A), or (b) a combination of such features.
132 Acceptance of undertakings at any stage of a market study or investigation¶
Schedule 6 makes provision allowing the CMA to accept undertakings under Part 4 of EA 2002 (market studies and market investigations) at any stage during a market study or investigation.133 Final undertakings and orders: power to conduct trials¶
Schedule 7 makes provision amending Part 4 of EA 2002 allowing the CMA or the Secretary of State to conduct trials to assess the likely effectiveness of final undertakings and orders that the CMA or the Secretary of State is minded to accept or impose under that Part.134 Duty of CMA to monitor undertakings and orders¶
162A Duty of CMA to monitor effectiveness of undertakings and orders: Part 4
(1) The CMA must keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part. (2) The CMA must, whenever requested to do so by the Secretary of State and otherwise from time to time, prepare a report of its findings under subsection (1). (3) The CMA must— (a) give a copy of any report prepared by it under subsection (2) to the Secretary of State, and (b) publish the report. (4) Subsection (5) applies, in relation to an adverse effect on competition identified in a report mentioned in section 138(1), where— (a) the report was published within the previous 10 years, (b) the CMA last took action in accordance with section 138(2) or subsection (5) of this section no less than two years ago, and (c) the CMA concludes, as a result of a review under subsection (1), that the action mentioned in paragraph (b) has been ineffective for the purposes mentioned in that section. (5) The CMA must take such action as it considers appropriate for the purposes mentioned in section 138(2) in relation to— (a) any possible variation or release by the CMA of an enforcement undertaking accepted by it; (b) any possible new enforcement undertaking to be accepted by the CMA so as to supersede another enforcement undertaking given to it; (c) any possible variation or revocation by the CMA of an enforcement order made by it; (d) any possible enforcement undertaking to be accepted by the CMA instead of an enforcement order made by it, or any possible enforcement order to be made by the CMA instead of an enforcement undertaking accepted by it. (6) Where the CMA decides to take action under subsection (5), the CMA must take the action within the period of six months beginning with the date on which that decision is published under section 172(2)(h). (7) Subsection (8) applies, in relation to an adverse effect on competition or an effect adverse to the public interest identified in a report mentioned in section 146(1) or 146A(1) (as the case may be), where— (a) the report was laid before each House of Parliament in accordance with section 172(10) within the previous 10 years, (b) the Secretary of State last took action in accordance with section 147(2) or 147A(2) (as the case may be) no less than two years ago, and (c) the CMA concludes, as a result of a review under subsection (1), that action taken in accordance with that section has been ineffective for the purposes mentioned in that section. (8) The CMA must give the Secretary of State such advice as it considers appropriate for the purposes mentioned in section 142(2) or 147A(2) (as the case may be) in relation to— (a) any possible variation or release by the Secretary of State of an enforcement undertaking accepted by the Secretary of State; (b) any possible new enforcement undertaking to be accepted by the Secretary of State under that section so as to supersede another enforcement undertaking given to the Secretary of State; (c) any possible variation or revocation by the Secretary of State of an enforcement order made by the Secretary of State; (d) any possible enforcement undertaking to be accepted by the Secretary of State instead of an enforcement order, or any possible enforcement order to be made by the Secretary of State instead of an enforcement undertaking accepted under that section.
.(v) to take action under section 162A(5); and
;(h) any decision by it to take action under section 162A(5).
(11) Where the Secretary of State has decided, in accordance with the CMA’s advice under section 162(3) or 162A(8), to accept or release an undertaking under section 159, or to make or revoke an order under section 161, the Secretary of State must, after the acceptance or release of the undertaking or (as the case may be) the making or revocation of the order, lay details of the Secretary of State’s decision and the reasons for it, and the CMA’s advice, before each House of Parliament.
(b) the Secretary of State is under a duty to lay the CMA’s advice under section 162(3) or 162A(8) before each House of Parliament.
Chapter 4 — Cartels¶
135 Production of information authorised by warrant¶
(e) to operate any equipment found on the premises for the purposes of producing such information in such a form; (f) to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (d) and (e)); (g) to take copies of, or seize, anything produced in accordance with paragraph (d) or (e) which the named officer considers relates to any matter relevant to the investigation.
(2A) Nothing in section 194 authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsections (1) or (2), a person could not be required to disclose or produce under section 193 or 194.
Chapter 5 — Miscellaneous¶
136 Attendance of witnesses etc¶
(6) For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is— (a) concerned in the management or control of the undertaking, or (b) employed by, or otherwise working for, the undertaking.
137 Civil penalties etc in connection with competition matters¶
138 Service and extra-territoriality of notices under CA 1998 and EA 2002¶
Schedule 11 makes provision about—139 Orders and regulations under CA 1998 and EA 2002¶
Schedule 12 makes provision about the making of orders and regulations under—Part 3 — Enforcement of consumer protection law¶
Chapter 1 — Overview¶
140 Overview¶
Chapter 2 — Relevant infringements¶
141 Relevant infringements¶
142 The UK connection condition¶
143 The specified prohibition condition¶
Chapter 3 — Consumer protection orders and undertakings¶
Enforcers for purposes of Chapter¶
144 Enforcers¶
145 Designation criteria¶
Applications for enforcement orders and interim enforcement orders¶
146 Applications¶
147 CMA directions to other enforcers¶
148 Consultation¶
Powers of court on application under section 146 ¶
149 Enforcement orders and undertakings¶
150 Enforcement orders and undertakings: enhanced consumer measures¶
151 Enforcement orders: requirement to pay monetary penalty¶
152 Interim enforcement orders and undertakings¶
Online interface orders and interim online interface orders¶
153 Applications¶
154 Online interface orders¶
155 Interim online interface orders¶
Undertakings and further proceedings¶
156 Acceptance of undertakings by enforcers¶
157 Undertakings under section 156: enhanced consumer measures¶
158 Undertakings under section 156: procedural requirements¶
159 Consumer protection orders or undertakings to court: further proceedings¶
160 Undertakings to public designated enforcers: further proceedings¶
161 Monetary penalties under sections 159 and 160: amount¶
Notification of CMA¶
162 Notification requirements: applications¶
163 Notification requirements: undertakings¶
164 Notification requirements: proceedings¶
165 Notification requirements: convictions and judgments¶
Jurisdiction etc¶
166 Appropriate court¶
167 Effect of orders in other parts of the United Kingdom¶
A consumer protection order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the Table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the Table—
England and Wales
The High Court
The county court
Scotland
The Court of Session
The sheriff
Northern Ireland
The High Court
A county court.
168 Evidence¶
Miscellaneous¶
169 Interconnected bodies corporate¶
170 Enhanced consumer measures: private designated enforcers¶
171 Substantiation of claims¶
172 Crown application¶
Chapter 4 — Direct enforcement powers of CMA¶
Investigations¶
173 Power of CMA to investigate suspected infringements¶
Infringement notices and penalties¶
174 Provisional infringement notice¶
175 Final infringement notice¶
176 Final infringement notice: directions to take enhanced consumer measures¶
Online interface notices¶
177 Online interface notices¶
Undertakings¶
178 Undertakings¶
179 Effect of undertakings under section 178¶
180 Undertakings under section 178: procedural requirements¶
181 Provisional breach of undertakings enforcement notice¶
182 Final breach of undertakings enforcement notice¶
183 Monetary penalties under section 182: amount¶
Directions¶
184 Provisional breach of directions enforcement notice¶
185 Final breach of directions enforcement notice¶
186 Monetary penalties under section 185: amount¶
187 Powers of court to enforce directions¶
188 Substantiation of claims¶
189 Variation or revocation of directions¶
False or misleading information¶
190 Provisional false information enforcement notice¶
191 Final false information enforcement notice¶
Miscellaneous and appeals¶
192 Statement of policy in relation to monetary penalties¶
193 Interconnected bodies corporate¶
194 Record-keeping and reporting requirements¶
195 Appeals¶
Chapter 5 — Monetary penalties: general provisions¶
196 Information to accompany orders or notices imposing monetary penalties¶
197 Determination of turnover¶
198 Power to amend amounts¶
199 Recovery of monetary penalties¶
200 Monetary penalties: further provision¶
Chapter 6 — Investigatory powers¶
201 Investigatory powers of enforcers¶
Chapter 7 — Miscellaneous¶
202 Powers to amend Schedule 13 and Schedule 14¶
203 Notices under this Part¶
204 Rules¶
205 Procedural requirements for making of rules¶
206 Guidance¶
207 Defamation¶
For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in exercise of its functions under this Part.208 Minor and consequential amendments relating to this Part¶
Schedule 16 contains minor and consequential amendments relating to this Part.209 Transitional and saving provision relating to this Part¶
Schedule 17 contains transitional and saving provision relating to this Part.Chapter 8 — Interpretation of Part¶
210 Supply of goods or digital content¶
211 Supply of services¶
212 Accessories¶
213 Special relationships¶
214 Enhanced consumer measures¶
215 Other interpretative provisions¶
In this Part—216 Index of defined expressions¶
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression
Provision
Accessory
Appropriate court
Section 166
Business
Commercial practice
Consumer
Consumer protection order
Digital content
Section 312
Direct enforcement function
Enactment
Section 312
Enforcement direction
Enforcement order
Enforcer
Enhanced consumer measures
Final breach of directions enforcement notice
Final breach of undertakings enforcement notice
Final false information enforcement notice
Final infringement notice
Goods
Interim enforcement order
Interim online interface order
Online interface notice
Online interface order
Private designated enforcer
Provisional breach of directions enforcement notice
Provisional breach of undertakings enforcement notice
Provisional false information enforcement notice
Provisional infringement notice
Public designated enforcer
Relevant infringement
Section 141
Special relationship
Subsidiary
Supply of goods
Supply of services
Trader
Turnover
United Kingdom national
Part 4 — Consumer rights and disputes¶
Chapter 1 — Protection from unfair trading¶
Introduction¶
217 Overview¶
Prohibition of unfair commercial practices¶
218 Prohibition of unfair commercial practices¶
219 Misleading actions¶
220 Misleading omissions¶
221 Aggressive practices¶
222 Contravention of the requirements of professional diligence¶
For the purposes of this Chapter, a commercial practice involves a contravention of the requirements of professional diligence if the practice falls short of the standard of skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either—223 Omission of material information from invitation to purchase¶
Public enforcement¶
224 Public enforcement¶
Consumers’ rights of redress relating to unfair commercial practices¶
225 Rights of redress¶
226 Rights of redress: further provision¶
227 Enforcement of rights of redress¶
228 Relationship between rights of redress and other claims relating to prohibited practices¶
Inertia selling¶
229 Inertia selling¶
Offences relating to unfair commercial practices¶
230 Offences¶
231 Defence of due diligence and innocent publication¶
232 Offences: criminal liability of others¶
233 Penalty for offences¶
A person guilty of an offence under section 230 is liable—234 Time limit for prosecution¶
Miscellaneous¶
235 Powers to amend this Chapter¶
236 Crown application¶
237 Validity of agreements¶
Except as resulting from a consumer’s rights of redress under this Chapter, a contract or any other agreement is not void or unenforceable by reason only of a breach of the prohibition in section 218(1) or (2) (prohibition of unfair commercial practices or the promotion of unfair commercial practices).Interpretation¶
238 Meaning of “transactional decision”¶
In this Chapter, “transactional decision” means any decision made by a consumer relating to—239 Meaning of “average consumer”: general¶
240 Meaning of “average consumer”: vulnerable persons¶
241 Meaning of “product”¶
242 General interpretation¶
In this Chapter—243 Index of defined terms¶
In this Chapter, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression
Provision
Aggressive practice
Section 221
Average consumer
Business
Section 242
Business-to-consumer contract
Code of conduct
Section 242
Commercial practice
Consumer
Consumer payment
Consumer-to-business contract
Contravention of the requirements of professional diligence
Section 222
Enactment
Section 311
Goods
Section 242
Invitation to purchase
Misleading action
Section 219
Misleading omission
Section 220
Product
Section 241
Prohibited practice
Supply
Section 242
Trader
Transactional decision
Section 238
Unfair commercial practice
Consequential amendments and transitional provision¶
244 Consequential amendments etc relating to this Chapter¶
Section 224(1), (2) or (3) of the Digital Markets, Competition and Consumers Act 2024.
Digital Markets, Competition and Consumers Act 2024, Chapter 1 of Part 4.
(s) Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.
.(ag) to any obligation arising by virtue of rights of redress under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;
245 Transitional and saving provision relating to this Chapter¶
Chapter 2 — Subscription contracts¶
Introduction¶
246 Overview¶
247 Meaning of “subscription contract”¶
248 Excluded contracts¶
Duties of traders¶
249 Pre-contract information¶
250 Pre-contract information: additional requirements¶
251 Reminder notices¶
252 Content and timing etc of reminder notices¶
253 Arrangements for consumers to exercise right to end contract¶
254 Duties of trader on cancellation or end of subscription contract¶
Rights of consumers to cancel contract for breach¶
255 Terms implied into contracts¶
A trader’s compliance with the following duties is an implied term in every subscription contract—256 Right to cancel for breach of implied term¶
Cooling-off rights¶
257 Right to cancel during cooling-off periods¶
258 Meaning of “initial cooling-off period” and “renewal cooling-off period”¶
259 Cooling-off notice¶
Cancellation of contracts under this Chapter: further provision¶
260 Cancellation of subscription contract: further provision¶
Offence of failing to provide information about cooling-off rights¶
261 Offence of failing to provide pre-contract information about initial cooling-off rights¶
262 Defence of due diligence¶
263 Offences by officers of a body corporate etc¶
264 Penalty for offence and enforcement¶
General and miscellaneous provision¶
265 Information and notices: timing and burden of proof¶
266 Terms of a subscription contract which are of no effect¶
267 Other remedies for breach by trader¶
268 Application of this Chapter¶
269 Crown application¶
270 Power to make further provision in connection with this Chapter¶
Consequential and other minor amendments¶
271 Amendment of the Consumer Rights Act 2015¶
, and(2A) Where section 249(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 13 of Schedule 20 to that Act is to be treated as included as a term of the contract.
;(2A) Where section 249(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 13 or 26 of Schedule 20 to that Act is to be treated as included as a term of the contract.
.Section 264(2) and (3) of the Digital Markets, Competition and Consumers Act 2024;
272 Other consequential amendments¶
.Digital Markets, Competition and Consumers Act 2024, Chapter 2 of Part 4.
.subscription contract has the meaning it has in Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (see section 247 of that Act);
.(4A) This Part does not apply to a subscription contract entered into after section 249 of the Digital Markets, Competition and Consumers Act 2024 comes into force.
.(3A) This Part does not apply to a subscription contract entered into after section 257 of the Digital Markets, Competition and Consumers Act 2024 comes into force.
General interpretation¶
273 Interpretation¶
274 Index of defined expressions¶
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression
Business
Consumer
Cooling-off notice
Digital content
Durable medium
Excluded contract
Section 248
Full pre-contract information
Goods
Initial cooling-off period
Key pre-contract information
Reminder notice
Renewal cooling-off period
Renewal payment
Subscription contract
Section 247
Trader
Working day
Chapter 3 — Consumer Savings Schemes¶
275 Meaning of “consumer savings scheme contract”¶
276 Other defined terms¶
277 Excluded arrangements¶
278 Insolvency protection requirement¶
279 Insurance arrangements¶
280 Trust arrangements¶
281 Information requirements¶
282 Exercise of functions relating to this Chapter¶
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert—283 Interpretation¶
In this Chapter—Chapter 4 — Alternative dispute resolution for consumer contract disputes¶
Interpretation of Chapter 4¶
284 Meaning of “ADR” and related terms¶
285 Other definitions¶
Prohibition on acting as ADR provider without accreditation etc¶
286 Prohibitions relating to acting as ADR provider¶
287 Prohibitions relating to charging fees to consumers¶
Exempt ADR providers¶
288 Exempt ADR providers¶
Accreditation: procedure etc¶
289 Applications for accreditation etc¶
290 Determination of applications for accreditation or extension of accreditation¶
291 Revocation or suspension of accreditations etc¶
292 Fees payable by accredited ADR providers¶
293 Accreditation criteria¶
Enforcement of prohibitions etc¶
294 Enforcement notices¶
Provision of Information etc¶
295 ADR information regulations¶
296 ADR information directions¶
Nothing in this section requires a disclosure of information that would contravene the data protection legislation.
In determining whether a disclosure would do that, the duty imposed by subsection (5) is to be taken into account.
297 Disclosure of ADR information by the Secretary of State¶
298 Meaning of “ADR information” and other terms in sections 295 to 297¶
Involvement of other bodies in the regulation of ADR providers¶
299 Power to provide for other persons to have accreditation functions etc¶
Complaints by consumers to traders¶
300 Duty of trader to notify consumer of ADR arrangements etc¶
Consequential amendments etc and transitional provision¶
301 Consequential amendments etc relating to this Chapter¶
Schedule 24 contains consequential amendments, repeals and revocations relating to this Chapter.302 Transitional provision relating to this Chapter¶
Part 5 — Miscellaneous¶
Chapter 1 — Provision of investigative assistance to overseas regulators¶
303 Provision of investigative assistance to overseas regulators¶
The table in this subsection is—
Close EditorStructure ViewPrefacePreambleBodyPart 5MiscellaneousProvision of investigative assistance to overseas regulators290[jcompD2a] Provision of investigative assistance to overseas regulators291[jcompD2b] The appropriateness of providing investigative assistance292[jcompD2c] Authorisation of the provision of investigative assistance293[jcompD2d] Guidance in connection with investigative assistance294[jcompD2e] Amendments to other legislationOverseas information sharing295[jcompD1] Overseas information sharingDuty of expedition296[jcompD5] Duty of expedition on the CMA and sectoral regulators
Where the enactment in question is—
The regulator that may assist the overseas regulator is—
The regulator may assist the overseas regulator by—
Part 1 of CA 1998 (competition)
the CMA
exercising its powers under sections 26 to 29 of CA 1998 as if, by assisting O’s carrying out of functions which correspond or are similar to the functions of the CMA under Part 1 of that Act, the CMA were carrying out an investigation under section 25 of that Act
Part 3 of EA 2002 (mergers)
the CMA
exercising its powers under section 109 of EA 2002 as if assisting O’s carrying out of functions which correspond or are similar to the functions of the CMA under Part 3 of that Act were a “permitted purpose” for the purposes of that section
Schedule 5 to CRA 2015 (investigatory powers)
an enforcer for the purposes of Schedule 5 to CRA 2015 (see paragraph 2 of that Schedule)
exercising the powers under Parts 3 and 4 of Schedule 5 to CRA 2015 in connection with an infringement of the law of, or other requirement imposed in, the country or territory of O which appears to R to make provision corresponding or similar to an enactment or other obligation or rule of law listed in Schedule 13 to this Act
Part 1 of this Act (digital markets)
the CMA
exercising its powers under any of sections 68, 70 and 78 as if assisting O’s carrying out of a function which corresponds or is similar to a digital markets function (as defined in section 116) were itself a digital markets function
Part 1 of this Act (digital markets)
the CMA
exercising its powers under any of sections 71, 73 and 74 as if, by assisting O’s carrying out of any investigation which corresponds or is similar to a digital markets investigation (as defined in section 116), the CMA were carrying out a digital markets investigation
, by304 Requests for investigative assistance¶
305 The appropriateness of providing investigative assistance¶
306 Authorisation of the provision of investigative assistance¶
307 Notifications in respect of requests for investigative assistance¶
308 Guidance in connection with investigative assistance¶
309 Amendments to other legislation¶
Schedule 25 makes amendments to other legislation in connection with the provision made by this Chapter.Chapter 2 — Disclosing information overseas¶
310 Disclosing information overseas¶
243A Overseas disclosures for both overseas and domestic purposes
(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for the purpose of facilitating both— (a) the exercise by the discloser of any function it has under or by virtue of this Act or any other enactment, and (b) the exercise by the overseas public authority of any function which it has relating to— (i) carrying out investigations in connection with the enforcement of any relevant law by means of civil proceedings; (ii) bringing civil proceedings for the enforcement of such law or the conduct of such proceedings; (iii) the investigation of crime; (iv) bringing criminal proceedings or the conduct of such proceedings; (v) deciding whether to start or bring to an end such investigations or proceedings. (2) Subsection (1) does not apply to any of the following— (a) information which is held by a person who is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 144 of that Act); (b) information which comes to a public authority in connection with an investigation under Part 4 or section 174 of this Act; (c) information which comes to a public authority in connection with an investigation under section 11 of the Competition Act 1980; (d) legacy information within the meaning of subsection (5). (3) In subsection (1)(a), the reference to an enactment includes a reference to an enactment contained in— (a) an Act of the Scottish Parliament; (b) Northern Ireland legislation; (c) subordinate legislation. (4) In subsection (1)(b)(i), “relevant law” means— (a) this Act, any enactment specified in Schedule 14 and such subordinate legislation as is specified by order for the purposes of section 238(1); (b) any enactment, obligation or rule of law specified in Schedule 13 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments); (c) any legislation, or any obligation or rule of law in a country or territory outside the United Kingdom which appears to the discloser to make provision corresponding or similar to anything within paragraphs (a) and (b). (5) In subsection (2)(d), “legacy information” means information which— (a) comes to a public authority in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Parts 4 or 6 of the 1973 Act; (b) came to a public authority— (i) before the coming into force of this section, and (ii) in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Part 5 of the 1973 Act; (c) came to a public authority— (i) before 1 July 2021, and (ii) in connection with an investigation under Part 3 of the Enterprise Act 2002. 243B Overseas disclosures for overseas purposes only
(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for the purpose mentioned in section 243A(1)(b). (2) Subsection (2) of section 243A applies for the purposes of subsection (1) of this section as it applies for the purposes of subsection (1) of that section. 243C Overseas disclosures for designated cooperation arrangement purposes
(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for a purpose permitted under or by virtue of a designated cooperation arrangement. (2) “Designated cooperation arrangement” means an arrangement or agreement that meets all of Conditions A to D. (3) Condition A is that the arrangement or agreement is between— (a) a public authority and an overseas public authority, or (b) the United Kingdom and a country or territory. (4) Condition B is that the arrangement or agreement relates to cooperation between— (a) the public authority and the overseas public authority, or (b) public authorities in the United Kingdom and persons or bodies in that country or territory, for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b).(5) Condition C is that the arrangement or agreement provides for— (a) the overseas public authority and the public authority, or (b) a person or body in that country or territory and public authorities in the United Kingdom, to provide corresponding or substantially similar assistance to each other for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b).(6) Condition D is that the arrangement or agreement is designated in regulations made by the Secretary of State. (7) Before designating an arrangement or agreement in regulations under subsection (6), the Secretary of State must have regard in particular to whether the arrangement or agreement contains provision restricting or preventing— (a) the use for another purpose of information disclosed for a purpose permitted under or by virtue of the arrangement or agreement; (b) the further disclosure of such information. (8) The Secretary of State may not designate an arrangement or agreement in regulations under subsection (6) unless the Secretary of State is satisfied that— (a) the law and practice of the country or territory, or the country or territory of the overseas public authority, with whom the arrangement or agreement is with provides appropriate protection against self-incrimination in criminal proceedings, and (b) the law and practice of that country or territory provides appropriate protection in relation to the storage and disclosure of confidential information. (9) For the purposes of subsection (8), protection is appropriate if it provides protection in relation to the matter in question which corresponds or is substantially similar to that so provided in any part of the United Kingdom. (10) Regulations under subsection (6) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 243D Use and further disclosure of information disclosed under sections 243A and 243B
(1) Subsections (2) and (3) apply to information disclosed by virtue of section 243A to the extent that the disclosure was to facilitate the exercise by the discloser of any function it has under or by virtue of this Act or any other enactment (“the original function”) in relation to a particular matter (“the original matter”). (2) The information must not be used by the overseas public authority other than for facilitating the exercise by the discloser of the original function in relation to the original matter unless— (a) the use is for the purpose of facilitating the exercise by the discloser of any function it has under this Act or any other enactment (other than the original function) whether or not in relation to the original matter, and (b) the discloser consents to the use of that information for that purpose. (3) The information must not be further disclosed by the overseas public authority unless— (a) the further disclosure is for the purpose of facilitating the exercise by the discloser of any function it has under this Act or any other enactment (whether or not the original function) whether or not in relation to the original matter, and (b) the discloser consents to the further disclosure of the information for that purpose. (4) Subsections (5) and (6) apply to information disclosed by virtue of section 243A or 243B to the extent that the disclosure was to facilitate the exercise of functions of an overseas public authority relating to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b) (“the original function”) in relation to a particular matter (“the original matter”). (5) The information must not be used by the overseas public authority other than for facilitating the exercise by the authority of the original function in relation to the original matter unless— (a) the use is for the purpose of facilitating the exercise of a function which the authority has relating to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b) (other than the original function) whether or not in relation to the original matter, and (b) the discloser consents to the use of that information for that purpose. (6) The information must not be further disclosed by the overseas public authority unless— (a) the further disclosure is for the purpose of facilitating the exercise of any of its functions relating to anything mentioned in sub-paragraphs (i) to (v) of subsection (1)(b) of section 243A (whether or not the original function) whether or not in relation to the original matter, and (b) the discloser consents to the further disclosure of the information for that purpose. (7) In deciding whether to consent to the use or further disclosure of information for the purposes of subsection (2)(b), (3)(b), (5)(b) or (6)(b), the discloser must have regard to the considerations in section 243F to which it would be required to have regard if it were deciding to disclose the information under 243A or 243B. (8) Nothing in this section prevents information being used, or further disclosed, by the overseas public authority if that use, or further disclosure, is required under the law of the country or territory of the authority. 243E Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B
(1) The Secretary of State may direct that a disclosure permitted under section 243A or 243B must not be made if the Secretary of State thinks that, in connection with any matter in respect of which the disclosure could be made, it is more appropriate— (a) if any investigation is to be carried out, that it is carried out by an authority in the United Kingdom or in another specified country or territory (rather than by the overseas public authority); (b) if any proceedings are to be brought, that they are brought in a court in the United Kingdom or in another specified country or territory (rather than in the country or territory of the overseas authority). (2) In subsection (1), “specified” means specified in the direction. (3) The Secretary of State must take such steps as the Secretary of State thinks are appropriate to bring a direction under subsection (1) to the attention of persons likely to be affected by it. 243F Relevant considerations relating to overseas disclosures under sections 243A and 243B
(1) This section applies when a public authority is deciding whether to make a disclosure under section 243A or 243B. (2) In deciding whether to make a disclosure under section 243A, the public authority must have regard in particular to the following considerations— (a) whether the law and practice of the country or territory to whose authority the disclosure would be made provides appropriate protection against self-incrimination in criminal proceedings; (b) whether the law and practice of that country or territory provides appropriate protection in relation to the storage and disclosure of confidential information. (3) In deciding whether to make a disclosure under section 243B, the public authority must have regard in particular to the considerations in subsection (2) and the following additional considerations— (a) whether the matter in respect of which the disclosure is sought is sufficiently serious to justify making the disclosure; (b) whether the disclosure would further the aims or purposes of any convention or treaty relating in whole or in part to cooperation in matters relating to competition or consumer protection to which the United Kingdom and the country or territory of the authority to whom the disclosure would be made are parties; (c) whether there are arrangements in place for the provision of mutual assistance as between the United Kingdom and that country or territory to whose authority the disclosure would be made in relation to the disclosure of information of the kind to which section 237 applies; (d) whether a person or body in that country or territory would assist the public authority in a way that corresponds or is substantially similar to the assistance that it is proposed the public authority give to the overseas public authority by making the disclosure. (4) For the purposes of this section, protection is appropriate if it provides protection in relation to the matter in question which corresponds or is substantially similar to that so provided in any part of the United Kingdom. (5) The Secretary of State may by regulations amend subsections (2) and (3) so as to— (a) alter any consideration for the time being included in those subsections; (b) add further considerations; (c) remove any considerations. (6) Regulations under subsection (5) are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.
246A Interpretation
In this Part—commercial information means information relating to any business of an undertaking whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks might significantly harm the undertaking’s legitimate business interests; confidential information means commercial information, private information or sensitive information; overseas public authority means a person or body in any country or territory outside the United Kingdom which appears to the discloser (within the meaning of any of sections 243A to 243C) to exercise functions of a public nature in relation to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b); private information mean information relating to the private affairs of an individual whose disclosure the public authority concerned, or for the purposes of section 243C the Secretary of State, thinks might significantly harm the individual’s interests; sensitive information means information whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks would be contrary to the public interest; subordinate legislation has the same meaning as in section 21(1) of the Interpretation Act 1978 and includes an instrument made under— (a) an Act of the Scottish Parliament; (b) Northern Ireland legislation.
Chapter 3 — Duty of expedition¶
311 Duty of expedition on the CMA and sectoral regulators¶
(5) In making any decision, or otherwise taking action, for the purposes of any of its functions within Schedule 4A the CMA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
Schedule 4A1 — Functions to which the CMA’s duty of expedition applies
Part 1 — Introduction
1 The following functions are functions within this Schedule for the purposes of section 25(5). Part 2 — Competition functions
Functions under the Enterprise Act 2002
2 Functions under Part 3 of the 2002 Act (mergers) other than functions under— (a) section 94B (statement of policy about functions under sections 94 and 94AA); (b) section 106 (advice and information about references under section 22 or 33); (c) section 116 (statement of policy about penalties). 3 Functions under Part 4 of the 2002 Act (market studies and market investigations) other than functions under— (a) section 166 (register of undertakings and orders); (b) section 167C (statement of policy about functions under sections 167 and 167A); (c) section 171 (advice and information about market investigation references); (d) section 174E (statement of policy about penalties). 4 Functions under Part 6 of the 2002 Act (the cartel offence) other than functions under section 190A (cartel offence: prosecution guidance). Functions under Part 1 of the Competition Act 1998
5 Functions under Part 1 of the 1998 Act (competition) other than functions under— (a) section 31D (guidance about the acceptance of commitments under section 31A); (b) section 35C (statement of policy about penalties under sections 31E, 34 and 35A); (c) section 38 (the appropriate level of a penalty); (d) section 40B (statement of policy about penalties under section 40A); (e) section 51 (CMA rules); (f) section 52 (advice and information about the Chapter 1 and 2 prohibitions); (g) section 54 (functions of sectoral regulators). Functions under Chapter 3 of Part 2 of the Water Industry Act 1991
6 Functions under sections 32 to 35 of the Water Industry Act 1991 (protection of consumers: competition provisions). Part 3 — Consumer functions
Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024
7 Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement powers for infringements of consumer protection law) other than functions under— (a) section 192 (statement of policy about penalties); (b) sections 204 and 205 (rules about direct enforcement functions); (c) section 206 (guidance about direct enforcement functions). 8 Functions under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading). Functions under the Consumer Rights Act 2015
9 (1) Functions under Schedule 3 to the Consumer Rights Act 2015 (enforcement of law on unfair contract terms and notices) other than functions under paragraph 7(2) to (5) of that Schedule (provision of information and advice). (2) Functions under Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) other than functions under paragraph 16F of that Schedule (statement of policy about penalties). Functions under the Business Protection from Misleading Marketing Regulations 2008
10 Functions under the Business Protection from Misleading Marketing Regulations 2008 (S.I. 1276/2008) other than functions under regulation 20(2) of those Regulations (provision of information and advice). Part 4 — Digital market functions
Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024
11 Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets) other than functions under— (a) section 59 (content of report under section 56 etc); (b) section 66 (regulations about duty to notify); (c) section 90 (statement of policy on penalties); (d) section 114 (guidance about functions under Part 1).
Part 6 — General¶
312 Interpretation¶
In this Act—313 Financial provision¶
There is to be paid out of money provided by Parliament—314 Power to make consequential provision¶
315 Regulations¶
316 Extent¶
317 Commencement¶
318 Short title¶
This Act may be cited as the Digital Markets, Competition and Consumers Act 2024.Schedules¶
Schedule 12 — Procedure relating to commitments¶
Application of Schedule¶
Procedure for accepting a commitment or requested variation¶
Procedure for releasing an undertaking from a commitment¶
Schedule 23 — Mergers: holding of interests and rights¶
Joint interests¶
Joint arrangements¶
Interests held by nominees¶
Rights treated as held by person who controls their exercise¶
Rights exercisable only in certain circumstances etc¶
Rights attached to shares held by way of security¶
Arrangements¶
Schedule 34 — Power of Competition Appeal Tribunal to grant declaratory relief¶
(3A) This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.
47DA Proceedings under section 47A or collective proceedings: declaratory relief
(1) A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High Court. (2) A declarator granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declarator granted by the Court of Session. (3) In deciding whether to grant a declaration in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the High Court would apply in deciding whether to grant a declaration. (4) In deciding whether to grant a declarator in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the Court of Session would apply in deciding whether to grant a declarator. (5) The Tribunal may grant a declaration or declarator in proceedings under section 47A or collective proceedings whether or not any other remedy is claimed.
(c) as to the grant of a declaration or a declarator.
(2) “Competition claim” means— (a) a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of— (i) the person who suffered the loss or damage, or (ii) a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise), or (b) a claim for a declaration or a declarator in respect of an infringement of competition law.
(1) Sub-paragraph (2) applies where there is an overcharge as a result of an infringement of competition law and— (a) a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which— (i) arises, directly or indirectly, from the overcharge, and (ii) was suffered by a person who acquired a product or service indirectly from the infringer (“the injured person”), or (b) a competition claim within paragraph 2(2)(b) is made in respect of the overcharge.
(1) Sub-paragraph (2) applies where there is an underpayment as a result of an infringement of competition law and— (a) a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which— (i) arises, directly or indirectly, from the underpayment, and (ii) was suffered by a person who provided a product or service indirectly to the infringer (“the injured person”), or (b) a competition claim within paragraph 2(2)(b) is made in respect of the underpayment.
(6A) This paragraph applies in respect of a competition claim within paragraph 2(2)(b) as if— (a) in sub-paragraph (2), paragraph (c) (but not the “, and” at the end of it) were omitted; (b) in sub-paragraph (3), paragraph (b) (and the “and” before it) were omitted; (c) sub-paragraph (4) were omitted.
(4) In this paragraph, “relevant person”, means— (a) in relation to a competition claim within paragraph 2(2)(a), a person who suffered the loss or damages that is the subject of the claim; (b) in relation to a competition claim within paragraph 2(2)(b), the pursuer.
(a) in respect of competition claims within paragraph 2(2)(a), the claim and proceedings relate to loss or damage suffered on or after 8 March 2017 as a result of an infringement of competition law that takes place on or after that date; (b) in respect of competition claims within paragraph 2(2)(b), the claim and proceedings relate to an infringement of competition law that takes place on or after 8 March 2017.
Declarations and declarators
21B Tribunal rules may make provision in relation to the grant of declarations or declarators (including interim declarations or interim declarators) in proceedings under section 47A or 47B of the 1998 Act.
Schedule 45 — Relevant and special merger situations¶
(c) the value of the turnover in the United Kingdom of— (i) the enterprise being taken over, or (ii) any other enterprise concerned, exceeds £10 million.
(2B) For the purposes of subsection (2)(c)(ii), any turnover of any other enterprise concerned that is also turnover of the enterprise being taken over is to be ignored.
(4C) For the purposes of this Part, a relevant merger situation has also been created if— (a) two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and (b) each of the conditions mentioned in subsections (4D) to (4F) is satisfied. (4D) The condition mentioned in this subsection is that, were it not for the enterprises concerned ceasing to be distinct enterprises, in relation to the supply of goods or services of any description, at least 33 per cent of all the goods or (as the case may be) services of that description which are supplied in the United Kingdom, or in a substantial part of the United Kingdom, would be supplied— (a) by the person or persons by whom one of the enterprises concerned (“E”) would be carried on, or (b) to that person or those persons, in connection with E or any other enterprise concerned with which E is under common ownership or common control.(4E) The condition mentioned in this subsection is that the total value of the turnover in the United Kingdom of E exceeds £350 million. (4F) The condition mentioned in this subsection is that, were it not for the enterprises concerned ceasing to be distinct enterprises, an enterprise within subsection (4G) would satisfy one or more of the following additional conditions— (a) the enterprise would be carried on by a body of persons corporate or unincorporate formed or recognised under the law of any part of the United Kingdom; (b) the activities, or part of the activities, of the enterprise would be carried on in the United Kingdom; (c) the person, or persons, by whom the enterprise would be carried on supply goods or services to a person or persons in the United Kingdom in connection with the enterprise. (4G) The following enterprises are within this subsection— (a) any enterprise concerned other than— (i) E, or (ii) any other enterprise with which E is under common ownership or common control; (b) any enterprise concerned that, as a result of the enterprises concerned ceasing to be distinct enterprises, a person or group of persons may be treated as having brought under their control by virtue of section 26(4).
(3) For the purposes of this Part, a special merger situation has been created if— (a) two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; (b) no relevant merger situation has been created; and (c) immediately before the enterprises concerned ceased to be distinct, one or more of the conditions mentioned in subsections (3C) to (3F) were satisfied.
(3E) The condition mentioned in this subsection is that a relevant merger situation would have been created if, in subsection (1) of section 23— (a) the “and” at the end of paragraph (a) were omitted; (b) for paragraph (b) there were substituted— ;(b) one of the enterprises concerned is a media enterprise or a newspaper enterprise; and (c) after that paragraph there were inserted— (c) the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million. (3F) The condition mentioned in this subsection is that a relevant merger situation would have been created if, for section 23(2)(c), there were substituted— (c) one of the enterprises concerned is a media enterprise or a newspaper enterprise.
(a) substitute a new sum for the sum for the time being mentioned in subsection (3E)(c); (b) amend the conditions mentioned in subsections (3C), (3D), (3E)(b) and (3F).
(c) to amend or replace the condition mentioned in paragraph (a) of subsection (4C) of that section.
(3A) In exercising the power under subsection (1) to amend or replace the condition mentioned in subsection (4D) or (4E) of section 23 or any condition which for the time being applies instead of it, the Secretary of State must, in particular, have regard to the desirability of ensuring that any amended or new condition continues to operate by reference to the degree of commercial strength that at least one of the enterprises concerned would have had if the enterprises concerned had not ceased to be distinct enterprises.
.Media enterprise
Section 58A(1)
Schedule 56 — Mergers: fast-track references under sections 22 and 33 of EA 2002¶
(1A) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA has decided, under section 34ZF(2), to accept a fast-track reference request.
(1A) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA has decided, under section 34ZF(3), to accept a fast-track reference request.
(1A) In carrying out its function of making a reference under section 22(1A) or 33(1A), the CMA must, within the initial period, inform the persons carrying on the enterprises concerned by notice of the making of the reference.
34ZD Fast-track reference requests
(1) Subsection (2) applies where the following conditions are met— (a) arrangements or proposed arrangements might have resulted or might result in the creation of a relevant merger situation (the “arrangements concerned”), (b) no reference has been made under section 22 or 33 in respect of the arrangements concerned, and (c) the CMA has not informed the persons carrying on the enterprises concerned of a decision that the duty to make a reference under section 22(1) or 33(1) does not apply in respect of those arrangements. (2) The persons carrying on the enterprises concerned may make a fast-track reference request to the CMA at any time before the end of the initial period (whether or not that period has begun). (3) In this section and in sections 34ZE and 34ZF, “fast-track reference request” means a request that the CMA makes a reference under section 22(1A) or 33(1A) in relation to the arrangements concerned. 34ZE Fast-track reference requests: procedure
(1) This section applies where a fast-track reference request is made and not withdrawn. (2) Where the fast-track reference request is made before the beginning of the initial period, the CMA may, at any time before the beginning of that period, reject the request. (3) Where the CMA has not rejected the fast-track reference request in accordance with subsection (2), the CMA must, within the decision period, decide whether to accept the request in accordance with section 34ZF or reject the request. (4) Where the CMA accepts or rejects a fast-track reference request, the CMA must notify the persons carrying on the enterprises concerned that the request has been accepted or rejected. (5) In this section— decision period means, in relation to the arrangements concerned— (a) in a case where the initial period has not begun, that period, or (b) in a case where the initial period has begun, the period beginning with the day on which the fast-track reference request is made and ending at the end of the initial period; initial period has the meaning given by section 34ZA(3). 34ZF Acceptance by the CMA of fast-track reference requests
(1) The CMA may accept a fast-track reference request only if the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that, in relation to the arrangements concerned— (a) the CMA believes that it is or may be the case that a relevant merger situation has been created, and (b) the CMA would not be prevented from making a reference under section 22(1) by reason of section 22(3). (3) The condition in this subsection is that, in relation to the arrangements concerned— (a) the CMA believes that it is or may be the case that, if carried into effect, the arrangements will result in the creation of a relevant merger situation, and (b) the CMA would not be prevented from making a reference under section 33(1) by reason of section 33(3). (4) In deciding whether to accept a fast-track reference request under subsection (2) or (3), the CMA must have regard, in particular, to— (a) whether the arrangements concerned raise any consideration specified in section 58; (b) whether a special intervention notice (see section 59(2)) is in force in relation to the arrangements. (5) Where the CMA decides to accept a fast-track reference request the duties to make references under sections 22(1) and 33(1) do not apply, and accordingly the CMA may not make any reference under those provisions in respect of the arrangements concerned (but see the duties under sections 22(1A) and 33(1A)).
(3A) The CMA may extend, by no more than 11 weeks, the period within which a report under section 38 on a reference under section 22(1A) or 33(1A) is to be prepared and published if it considers that there are special reasons why the report cannot be prepared and published within that period.
.(aaa) any decision made by it to accept a fast-track reference request under section 34ZD and the resulting reference made by it;
(a) any decision published under subsection (1)(aaa), or (b) ”.
.Fast-track reference request
Schedule 67 — Acceptance of undertakings at any stage of a market study or investigation¶
.(ba) section 154A, so far as relating to undertakings in lieu of a report;
.(za) section 154A, so far as relating to undertakings in lieu of a report;
.(aa) any decision of the CMA under section 154A to accept an undertaking partially in lieu of a report;
Undertakings in lieu
154A Undertakings fully or partially in lieu of references or reports
(1) This section applies where— (a) no market study notice has been published under section 130A but the CMA considers that it has the power to make a market investigation reference under section 131 and (subject to taking action under this section) intends to make such a reference, (b) a market study notice has been published under section 130A but no market investigation reference has been made under section 131, or (c) a market investigation reference has been made under section 131 or 132 but no report under section 136 has been published. (2) The CMA may accept, from such persons as it considers appropriate, undertakings to take such action as it considers appropriate for the purposes of remedying, mitigating or preventing (to any extent)— (a) any adverse effect on competition concerned, or (b) any detrimental effect on customers so far as— (i) it has resulted from the adverse effect on competition, or (ii) it may be expected to result from the adverse effect on competition. (3) An undertaking under this section is known as— (a) an “undertaking in lieu of a reference” where it is accepted in circumstances where this section applies by virtue of subsection (1)(a) or (b); (b) an “undertaking in lieu of a report” where it is accepted in circumstances where this section applies by virtue of subsection (1)(c). (4) The CMA may accept— (a) undertakings in lieu of a reference either— (i) instead of making a reference under section 131 (in which case the undertakings are known as “undertakings fully in lieu of a reference”), or (ii) in addition to making a reference under that section (in which case the undertakings are known as “undertakings partially in lieu of a reference”); (b) undertakings in lieu of a report either— (i) instead of publishing a report under section 136 (in which case the undertakings are known as “undertakings fully in lieu of a report”), or (ii) in addition to publishing a report under that section (in which case the undertakings are known as “undertakings partially in lieu of a report”). (5) In accepting undertakings fully in lieu of a reference or undertakings fully in lieu of a report, the CMA must, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to— (a) the adverse effect on competition concerned, and (b) any detrimental effects on customers so far as resulting from the adverse effect on competition. (6) In accepting an undertaking under this section, the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits of the feature or features of the market or markets concerned. (7) Where no detrimental effect on customers has yet resulted from an adverse effect on competition, the CMA may not accept an undertaking under this section to remedy, mitigate or prevent a detrimental effect on customers so far as it may be expected to result from that adverse effect on competition unless the adverse effect on competition is also being remedied, mitigated or prevented (whether or not by the same undertaking). (8) An undertaking under this section— (a) comes into force when accepted; (b) may be varied or superseded by another undertaking; (c) may be released by the CMA. (9) The CMA must, as soon as reasonably practicable, consider any representations received by it in relation to varying or releasing an undertaking under this section. (10) This section is subject to sections 150 and 155.
(3A) The matters to be included in a notice under subsection (1) by virtue of subsection (2) include, in particular, the adverse effect on competition, and any detrimental effect on customers so far as resulting from the adverse effect on competition, which the CMA has identified.
.(ab) any feature or combination of features to which the undertaking or group of undertakings relates is a feature or combination of features to which the reference would relate; and
(4) Where the CMA has, under section 154A, accepted an undertaking, or group of undertakings, in lieu of a report the CMA is not required by virtue of section 134 to make the decisions referred to in subsections (1) and (1A) of that section in relation to a feature, or features, to which the undertaking, or group of undertakings, relate. (5) Accordingly, a report under section 136 is not required, and the duty under section 138 does not arise, if the CMA accepts an undertaking fully in lieu of a report. (6) Instead, where the CMA accepts an undertaking fully in lieu of a report the CMA must prepare and publish a report containing— (a) the CMA’s decision to accept the undertaking, (b) the reasons for the decision, and (c) such information as the CMA considers appropriate for facilitating a proper understanding of the decision and its reasons for the decision. (7) For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).
.Interim undertakings and orders
.Final undertakings and orders
.(iiia) the CMA has accepted an undertaking fully in lieu of a report under section 154A; or
Schedule 78 — Final undertakings and orders: power to conduct trials¶
;(aa) sections 138 to 138B so far as relating to an adverse effect on competition in respect of which the CMA is required to take action in accordance with section 138(2) within the period permitted by section 138A(1);
.(fa) section 161C;
.(ca) section 162B;
(A1) Subsection (A3) applies in relation to an adverse effect on competition in respect of which the CMA— (a) has begun an implementation trial under section 161C, or (b) considers that it is not reasonably practicable to discharge its duty under section 138(2) in accordance with subsection (1) as a result of such an implementation trial in respect of another adverse effect on competition. (A2) Subsection (1) applies in relation to any other adverse effect on competition. (A3) Where this subsection applies, the CMA must discharge its duty under section 138(2) before the day specified under section 161D(5)(b)(ii).
Implementation trials of final orders and undertakings
161B Implementation trials: purpose and interpretation
(1) This section and sections 161C to 161E make provision in relation to the acceptance of undertakings and making of orders by a relevant authority on a trial basis for the purpose of assessing the effectiveness of qualifying remedial action (and the acceptance of undertakings and making of orders on that basis is referred to in this Part as an “implementation trial”). (2) In this section and in sections 161C to 161E “relevant authority” means the CMA or the Secretary of State. (3) In this Part— implementation trial measure means an undertaking accepted, or order made, under section 161C (and references to the imposition of such a measure are to be read as the acceptance of an undertaking or the making of an order, as the case may be); implementation trial period means, in relation to an implementation trial measure, the period— (a) beginning with the day on which the relevant authority begins the implementation trial, and (b) ending with the last day on which the implementation trial measure is to have effect (see subsections (4) and (5)); qualifying remedial action means remedial action in respect of— (a) a matter concerning the provision or publication of information to consumers (whether directly or through an intermediary), or (b) any other matter specified in regulations made by the Secretary of State; relevant adverse effect means— (a) where the relevant authority is the CMA, an adverse effect on competition identified in the report mentioned in section 138(1); (b) where the relevant authority is the Secretary of State— (i) an adverse effect on competition identified in the report mentioned in section 146(1); (ii) an effect adverse to the public interest identified in the report mentioned in section 146A(1); remedial action means an action— (a) where the relevant authority is the CMA, to be taken in accordance with section 138(2) or section 162A(5); (b) where the relevant authority is the Secretary of State, to be taken in accordance with section 147(2) or 147A(2) (as the case may be). (4) The last day on which an implementation trial measure is to have effect is the earlier of— (a) the day specified under section 161D(5)(b)(ii), and (b) the day on which action is taken under section 138(2), 147(2) or 147A(2) (as the case may be) in relation to the relevant adverse effect which the relevant authority considers concerns the same qualifying matter. (5) But where— (a) an implementation trial measure is imposed in accordance with this section, and (b) the CMA extends, under section 138A(3), the period within which its duty under section 138(2) is required to be discharged in accordance with section 138A(A3) in relation to the measure, the last day on which the implementation trial measure is to have effect is the last day of that period as so extended.161C Power to conduct implementation trials
(1) The CMA may, in relation to a market investigation reference, begin an implementation trial where— (a) subsection (2) of section 138 applies (see subsection (1) of that section), and (b) the CMA has not taken, but is minded to take, qualifying remedial action. (2) The Secretary of State may, in relation to a restricted PI reference or a full PI reference, begin an implementation trial where— (a) subsection (2) of section 147, or subsection (2) of 147A (as the case may be), applies (see subsection (1) of the section in question), and (b) the Secretary of State has not taken, but is minded to take, qualifying remedial action. (3) Subsections (1) and (2) are subject to the duty to publish notices in section 161D. (4) The relevant authority begins an implementation trial by— (a) accepting, from such persons as the relevant authority considers appropriate, undertakings under this section to take action specified or described in the undertakings, or (b) making an order under this section, for the purposes of assessing, during the implementation trial period, the likely effectiveness of the qualifying remedial action.(5) Where the relevant authority begins an implementation trial, the relevant authority may also— (a) accept, from such persons as the relevant authority considers appropriate, undertakings under this section to take action specified or described in the undertakings, or (b) make an order under this section, in the circumstances mentioned in subsection (6).(6) The circumstances are that the relevant authority considers that accepting the undertakings or making the order would be likely to contribute to, or otherwise be of use for purposes of, remedying, mitigating or preventing, during the implementation trial period— (a) an adverse effect on competition identified in the report concerned or (as the case may be) an effect adverse to the public interest which has resulted from, or may be expected to result from, the features or combinations of features mentioned; (b) any detrimental effect on customers so far as it has resulted from, or may be expected to result from, any such adverse effect on competition. 161D Implementation trials: notices
(1) Before the relevant authority begins an implementation trial under section 161C(4), the relevant authority must publish— (a) a provisional implementation trial notice, and (b) a final implementation trial notice (but see subsection (4)). (2) A provisional implementation trial notice must— (a) specify each implementation trial measure the relevant authority is minded to impose for the purposes of the implementation trial; (b) specify the relevant adverse effect with which each measure is seeking to deal; (c) specify any other facts which the relevant authority considers justify the imposition of each measure; (d) specify, in relation to each measure— (i) how the relevant authority intends to assess the likely effect of the measure, and (ii) the last day on which the relevant authority intends for the measure to have effect; (e) invite the making of representations by the persons on which the relevant authority is minded to impose one or more implementation trial measure (“implementation trial participants”) about the matters set out in the notice; (f) specify the means by which, and the time by which, such representations must be made. (3) The time specified under subsection (2)(f) by which representations must be made must be at least 15 days after the date on which the provisional implementation trial notice is published. (4) A relevant authority may publish a final implementation trial notice only where— (a) the relevant authority has published a provisional implementation trial notice under subsection (1), (b) the time for the implementation trial participants to make representations to the relevant authority in accordance with the notice has expired, and (c) after considering such representations (if any), it appears to the relevant authority that it is appropriate to begin an implementation trial under section 161C(4). (5) A final implementation trial notice must specify— (a) the implementation trial measures the relevant authority intends to impose for the purposes of the implementation trial, (b) in relation to each such measure— (i) how the relevant authority intends to assess the likely effect of the measure, and (ii) the last day on which the measure is to have effect. 161E Implementation trials: supplementary
(1) The relevant authority may not accept an undertaking from a person under section 161C unless it has provided the person with information about the possible consequences of failing to comply with the undertaking. (2) The CMA may not begin an implementation trial under section 161C(4)— (a) in respect of qualifying remedial action that would be taken in accordance with subsection (2) of section 138, after the end of the period within which the CMA would otherwise have been required to discharge its duty under that subsection; (b) in respect of qualifying remedial action that would be taken in accordance with section 162A(5), after the end of the period mentioned in section 162A(6). (3) Subsections (3), (5) and (6) of section 138 apply to action taken by the CMA under section 161C as they apply to action taken by the CMA under section 138(2). (4) Subsections (3)(b), (4), (5) and (6) of section 147 apply to action taken by the Secretary of State under section 161C in relation to a restricted PI reference as they apply to action taken by the Secretary of State under section 147(2). (5) Subsections (3) and (4)(b) of section 147A apply to action taken by the Secretary of State under section 161C in relation to a full PI reference as they apply to action taken by the Secretary of State under section 147A(2). (6) Subsections (3) to (5) of section 159 apply to undertakings accepted under section 161C as they apply to undertakings accepted under section 159(1). (7) Subsections (3) and (4) of section 161 apply to orders made under section 161C as they apply to orders made under section 161(1).
162B Power to vary etc undertakings and orders: implementation trials
(1) This section applies in relation to implementation trial measures imposed in accordance with section 161C. (2) The CMA must keep under review the effectiveness of the implementation trial measures. (3) The CMA must, in particular, from time to time consider— (a) whether an implementation trial measure has been or is being complied with; (b) whether an undertaking accepted under section 161C is no longer appropriate and— (i) one or more of the parties to it can be released from it; or (ii) it needs to be varied or to be superseded by a new undertaking under that section; and (c) whether an order made under section 161C is no longer appropriate and needs to be varied or revoked. (4) The CMA must, within the implementation trial period, give the Secretary of State such advice as it considers appropriate in relation to— (a) any possible variation or release by the Secretary of State of an undertaking accepted by the Secretary of State under section 161C; (b) any possible new undertaking to be accepted by the Secretary of State under that section so as to supersede another undertaking given to the Secretary of State under that section; (c) any possible variation or revocation by the Secretary of State of an order made by the Secretary of State under that section; (d) any possible undertaking to be accepted by the Secretary of State under that section instead of an order made under that section, or any possible order to be made by the Secretary of State under that section instead of an undertaking accepted under that section. (5) The relevant authority must, within the implementation trial period, take such action as it considers appropriate in relation to— (a) any possible variation or release by the relevant authority of an undertaking accepted by it under section 161C; (b) any possible new undertaking to be accepted by the relevant authority under that section so as to supersede another undertaking given to it under that section; (c) any possible variation or revocation by the relevant authority of an order made by it under that section; (d) any possible undertaking to be accepted by the relevant authority under that section instead of an order made under that section, or any possible order to be made by the relevant authority under that section instead of an undertaking accepted under that section. (6) But the relevant authority may not do anything under this section that would result in— (a) the implementation trial period being extended; (b) an order or undertaking made under section 161C being out of compliance with any provision of that section. (7) In this section “relevant authority” has the meaning given by section 161B(2). (8) Subsections (3), (5) and (6) of section 138 apply to action taken by the CMA under this section as those subsections apply to action taken by the CMA under section 138(2). (9) Subsections (3)(b), (5) and (6) of section 147 apply to action taken by the Secretary of State under this section in respect of a restricted PI reference as those subsections apply to action taken by the Secretary of State under section 147(2). (10) Subsection (3) of section 147A applies to action taken by the Secretary of State under this section in respect of a full PI reference as that subsection applies to action taken by the Secretary of State under section 147A(2).
(b) any undertaking accepted, or order made, under section 161C.
(b) any undertaking accepted, or order made, under section 161C.
(ii) the undertaking accepted, or order made, under section 161C.
.(iv) to accept undertakings or make orders under section 161C; and
(zc) any decision made by it under section 138A(A1)(b) that it is not reasonably practicable for the CMA to discharge its duty under section 138(2) in accordance with section 138A(1);
Schedule 89 — Civil penalties etc in connection with competition investigations¶
Part 1 — Investigations under Part 1 of CA 1998 (competition)¶
(b) include information about the possible consequences of failing to comply with the notice.
(b) include information about the possible consequences of failing to comply with the notice.
(c) includes information about the possible consequences of failing to comply with the notice.
(b) include information about the possible consequences of failing to comply with the notice.
(b) includes information about the possible consequences of failing to comply with the notice.
Civil sanctions: failure to comply with investigative requirements
40ZE Enforcement of requirements: imposition of penalties
(1) The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that— (a) the person has, without reasonable excuse, failed to comply with a requirement imposed on the person under section 26, 26A, 27, 28, 28A or 40ZD; (b) the person has, without reasonable excuse, obstructed an officer acting in the exercise of the officer’s powers under section 27 or under a warrant issued under section 28 or 28A; (c) the person, having been required to produce a document under section 26, 27, 28 or 28A, has, without reasonable excuse— (i) destroyed or otherwise disposed of, falsified or concealed the document, or (ii) caused or permitted the document’s destruction, disposal, falsification or concealment; (d) the person has, without reasonable excuse, provided information that was false or misleading in a material particular to the CMA in connection with any function of the CMA under this Part; (e) the person has, without reasonable excuse, provided information that was false or misleading in a material particular to another person knowing that the information was to be used for the purpose of providing information to the CMA in connection with any function of the CMA under this Part. (2) But the CMA may not proceed against a person under this section in relation to an act or omission which constitutes an offence under any of sections 42 to 44 if the person has, by reason of that act or omission, been found guilty of that offence. (3) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 40B at the time when the act or omission concerned occurred. (4) In this section— (a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; (b) the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form. (5) Sections 112 to 115 of the Enterprise Act 2002 (supplementary provisions about penalties) apply in relation to a penalty imposed under subsection (1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only; (b) section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 40B of the 1998 Act at the time when the act or omission concerned occurred.
(1A) A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.
(2A) A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.
(3A) A penalty imposed under section 40ZE(1) on a person who is an undertaking must not— (a) in the case of a fixed amount, exceed 1% of the turnover of the undertaking; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the daily turnover of the undertaking; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.
(7A) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.
(10) The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of this section. (11) Regulations under subsection (10) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as an undertaking’s turnover or daily turnover; (b) the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined. (12) Regulations under subsection (10) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (11)).
(5A) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
(8) A person is not guilty of an offence under subsection (5) or (7) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
(1A) A person is not guilty of an offence under subsection (1) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
(2A) A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
Part 2 — Investigations under Part 3 of EA 2002 (mergers)¶
.(1) The CMA may impose a penalty on a person in accordance with section 111 where the CMA considers that— (a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 109; (b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 109(6); (c) the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 109. (1A) The appropriate authority may impose a penalty on a person in accordance with section 111 where the authority considers that— (a) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to the authority in connection with any of the authority’s functions under this Part; (b) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to another person knowing that the information was to be used for the purpose of supplying information to the authority in connection with any function of the authority under this Part. (1B) In this section, and in sections 111 to 117, “the appropriate authority” means— (a) the CMA; (b) the Secretary of State; (c) OFCOM. (1C) But the appropriate authority may not proceed against a person under this section in relation to an act or omission which constitutes an offence under section 116A or 117 if the person has, by reason of that act or omission, been found guilty of that offence.
(9) In deciding whether and, if so, how to proceed under subsection (1) or (1A) or section 39(4) or 51(4) (including that enactment as applied by section 65(3))— (a) the CMA must have regard to the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred; (b) OFCOM must have regard to the statement of policy which was most recently published under section 392 of the Communications Act 2003 (penalties imposed by OFCOM) at the time when the act or omission concerned occurred.
(4A) A penalty imposed under section 110(1) or (1A) on any other person must not— (a) in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.
(7A) The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.
(9) The Secretary of State may by regulations make provision for determining, for the purposes of this section— (a) when an enterprise is to be treated as being controlled by a person; (b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise. (10) Regulations under subsection (9)(b) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover; (b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined. (11) Regulations under subsection (9) may, in particular, make provision enabling the appropriate authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).
(A1) Before the appropriate authority imposes a penalty under section 110(1) or (1A), the authority must give the person concerned a provisional penalty notice. (A2) A provisional penalty notice must— (a) contain a draft of the final penalty notice the appropriate authority is minded to give to the person under subsection (1), (b) invite the making of representations by the person to the authority about the proposed final penalty notice, and (c) specify the means by which, and the time by which, such representations must be made. (A3) The appropriate authority must have regard to any representations received in accordance with a provisional penalty notice before imposing a penalty under section 110(1) or (1A) (and accordingly may not impose such a penalty before the time for the person concerned to make representations to the authority in accordance with that notice has expired).
(3A) A provisional penalty notice is given by serving a copy of the notice on the person on whom the appropriate authority is minded to impose the penalty.
(5A) In the case of a penalty imposed on a person by the CMA or OFCOM, in considering what is appropriate for the purposes of subsection (5) the Competition Appeal Tribunal must have regard to the relevant guidance.
(b) “the relevant guidance” means— (i) in the case of a penalty imposed on a person by the CMA, the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred; (ii) in the case of a penalty imposed on a person by OFCOM, the statement of policy which was most recently published under section 392 of the Communications Act 2003 (penalties imposed by OFCOM) at the time when the act or omission concerned occurred.
(1) The CMA must prepare and publish a statement of policy in relation to— (a) the imposition of penalties under section 110, and (b) the enforcement of notices under section 109.
(5) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
116A Intentional destruction etc of documents
(1) A person (“P”) commits an offence if the person intentionally alters, suppresses or destroys any document which P has been required to produce by a notice under section 109. (2) But P does not commit an offence under subsection (1) by reason of any act or omission if the CMA has proceeded against P under section 110(1) or (1A) in relation to that act or omission. (3) A person who commits an offence under subsection (1) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (4) In this section— (a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; (b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(2A) A person does not commit an offence under subsection (1) or (2) by reason of any act or omission if the appropriate authority has proceeded against the person under section 110(1) or (1A) in relation to that act or omission.
Part 3 — Investigations under Part 4 of EA 2002 (market studies and market investigations)¶
(1) The CMA may impose a penalty on a person in accordance with section 174D where the CMA considers that— (a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174; (b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 174(7); (c) the person has, without reasonable excuse, intentionally altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 174. (1A) The relevant authority may impose a penalty on a person in accordance with section 174D where the authority considers that— (a) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to the authority in connection with any of the authority’s functions under this Part; (b) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to another person knowing that the information was to be used for the purpose of supplying information to the authority in connection with any function of the authority under this Part. (1B) In this section, and in sections 174B to 174D, “the relevant authority” means— (a) the CMA; (b) the Secretary of State; (c) the appropriate Minister (so far as the Minister is not the Secretary of State acting alone). (1C) But the relevant authority may not proceed against a person under this section in relation to an act or omission which constitutes an offence under section 116A or 117 as applied by section 180 if the person has, by reason of that act or omission, been found guilty of that offence.
(10) Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (1A) as they apply in relation to a penalty imposed under section 110(1) or (1A), with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the relevant authority within the meaning of this section; (b) section 114(5A) is to be read as if the words “or OFCOM” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 174E at the time when the act or omission concerned occurred.
(4A) A penalty imposed under section 174A(1) or (1A) on any other person must not— (a) in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.
(6A) The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.
(11) The Secretary of State may by regulations make provision for determining, for the purposes of this section— (a) when an enterprise is to be treated as being controlled by a person; (b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise. (12) Regulations under subsection (11)(b) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover; (b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined. (13) Regulations under subsection (11) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (12)).
(1) The CMA must prepare and publish a statement of policy in relation to— (a) the imposition of penalties under section 174A, and (b) the enforcement of notices under section 174.
(5) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
(1A) For the purposes of subsection (1), section 116A has effect as if— (a) references to section 109 were references to section 174; (b) the reference to section 110(1) or (1A) were a reference to section 174A(1) or (1A). (1B) For the purposes of subsection (1), section 117 has effect as if— (a) references to “the appropriate authority” were to “the relevant authority” within the meaning of section 174A; (b) the reference to section 110(1) or (1A) were a reference to section 174A(1) or (1A).
.enterprise means the activities, or part of the activities, of a business;
.Enterprise
Section 183(1)
Schedule 910 — Civil penalties etc in connection with breaches of remedies¶
Part 1 — Commitments and directions under Part 1 of CA 1998 (competition)¶
(2A) But the CMA may not accept commitments from a person unless it has provided the person with information about the possible consequences of failing to adhere to the commitments.
(4) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.
(4) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to comply with the direction.
Civil sanctions: breaches of commitments, directions and interim measures
35A Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties
(1) The CMA may impose a penalty on a person in accordance with section 35B where the CMA considers that— (a) a person from whom the CMA has accepted commitments under section 31A has, without reasonable excuse, failed to adhere to the commitments (and has not been released from them); (b) a person has, without reasonable excuse, failed to comply with a direction under section 32, 33 or 35. (2) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 35C at the time of the failure to adhere or comply. 35B Penalties under section 35A: amount
(1) A penalty under section 35A(1) is to be such amount as the CMA considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) A penalty imposed under section 35A(1) on a person who is not an undertaking must not— (a) in the case of a fixed amount, exceed £30,000; (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (4) A penalty imposed under section 35A(1) on a person who is an undertaking must not— (a) in the case of a fixed amount, exceed 5% of the total value of the turnover of the undertaking; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover of the undertaking; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (5) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of the provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by subsection (6)), and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the person adheres to the commitments or complies with the direction (as the case may be) referred to in section 35A(1). (6) Sections 112 to 115 of the Enterprise Act 2002 apply in relation to a penalty imposed under section 35A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only; (b) section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 35C at the time when the act or omission concerned occurred. (7) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate. (8) Before making regulations under subsection (7) the Secretary of State must consult— (a) the CMA, and (b) such other persons as the Secretary of State considers appropriate. (9) The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of subsection (4). (10) Regulations under subsection (9) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an undertaking’s turnover or daily turnover; (b) the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined. (11) Regulations under subsection (9) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)). Statement of policy in relation to functions under sections 31E, 34 and 35A
35C Statement of policy in relation to functions under sections 31E, 34 and 35A
(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A. (2) The statement must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 35A(1). (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement. (4) The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy. (5) If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (6) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State. Civil sanctions: infringements of the Chapter I or II prohibitions
Part 2 — Undertakings and orders under Part 3 of EA 2002 (mergers)¶
(A1) An appropriate authority may not accept an enforcement undertaking from a person unless it has provided the person with information about the possible consequences of failing to comply with the undertaking.
(3) In this section, “appropriate authority” has the same meaning as in section 94AA.
(10) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 94B at the time of the failure to comply with the undertaking or (as the case may be) order.
94AA Enforcement of undertakings and orders: imposition of penalties
(1) The appropriate authority may impose a penalty on a person in accordance with section 94AB where the appropriate authority considers that a person has, without reasonable excuse, failed to comply with an enforcement undertaking or enforcement order. (2) In this section and in section 94AB, “the appropriate authority” means— (a) in relation to an enforcement undertaking or enforcement order made by the Secretary of State under Schedule 7, the Secretary of State; (b) in relation to any other enforcement undertaking or enforcement order, the CMA. (3) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 94B at the time of the failure to comply. 94AB Penalties under section 94AA: amount
(1) A penalty under section 94AA(1) is to be such amount as the appropriate authority considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) A penalty imposed under section 94AA(1) on a person who does not own or control an enterprise must not— (a) in the case of a fixed amount, exceed £30,000; (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (4) A penalty imposed under section 94AA(1) on any other person must not— (a) in the case of a fixed amount, exceed 5% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person on whom it is imposed; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person on whom it is imposed; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (5) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of the provisional penalty notice under section 112(A1) (as applied by subsection (6)), and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the person complies with the enforcement undertaking or enforcement order. (6) Sections 112 to 115 apply in relation to a penalty imposed under section 94AA(1) as they apply in relation to a penalty imposed under section 110(1) or (1A), with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the appropriate authority within the meaning of this section (see section 94AA(2)); (b) section 114(5A) is to be read as if the words “or OFCOM” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 94B at the time when the act or omission concerned occurred. (7) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate. (8) Before making regulations under subsection (7) the Secretary of State must consult— (a) the CMA, and (b) such other persons as the Secretary of State considers appropriate. (9) The Secretary of State may by regulations make provision for determining, for the purposes of this section— (a) when an enterprise is to be treated as being controlled by a person; (b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise. (10) Regulations under subsection (9)(b) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover; (b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined. (11) Regulations under subsection (9) may, in particular, make provision enabling the appropriate authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).
Part 3 — Undertakings and orders under Part 4 of EA 2002 (market studies and market investigations)¶
161A Acceptance of enforcement undertakings: Part 4
(1) The relevant authority may not accept an enforcement undertaking from a person unless it has provided the person with information about the possible consequences of failing to comply with the undertaking. (2) In subsection (1), “the relevant authority” means— (a) in the case of a restricted PI reference or a full PI reference, the Secretary of State; (b) in any other case, the CMA.
(10) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 167C at the time of the failure to comply with the undertaking or (as the case may be) order.
167A Enforcement of undertakings and orders: imposition of penalties
(1) The relevant authority may impose a penalty on a person in accordance with section 167B where the relevant authority considers that a person has, without reasonable excuse, failed to comply with an enforcement undertaking or enforcement order. (2) In this section and in section 167B, “the relevant authority” means— (a) in the case of a restricted PI reference or a full PI reference, the Secretary of State; (b) in any other case, the CMA. (3) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 167C at the time of the failure to comply. 167B Penalties under section 167A: amount
(1) A penalty under section 167A(1) is to be such amount as the relevant authority considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) A penalty imposed under section 167A(1) on a person who does not own or control an enterprise must not— (a) in the case of a fixed amount, exceed £30,000; (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (4) A penalty imposed under section 167A(1) on any other person must not— (a) in the case of a fixed amount, exceed 5% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person on whom it is imposed; (b) in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person on whom it is imposed; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (5) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of the provisional penalty notice under section 112(A1) (as applied by subsection (6)), and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the person complies with the enforcement undertaking or enforcement order. (6) Sections 112 to 115 apply in relation to a penalty imposed under section 167A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A), with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the relevant authority within the meaning of this section (see section 167A(2)); (b) section 114(5A) is to be read as if the words “or OFCOM” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 167C at the time when the act or omission concerned occurred. (7) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate. (8) Before making regulations under subsection (7) the Secretary of State must consult— (a) the CMA, and (b) such other persons as the Secretary of State considers appropriate. (9) The Secretary of State may by regulations make provision for determining, for the purposes of this section— (a) when an enterprise is to be treated as being controlled by a person; (b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise. (10) Regulations under subsection (9)(b) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover; (b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined. (11) Regulations under subsection (9) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)). 167C Statement of policy in relation to functions under sections 167 and 167A
(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 167 and 167A. (2) The CMA must, in particular, include a statement about the considerations relevant to the determination of the amount of any penalty imposed under section 167A. (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement. (4) The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy. (5) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
Schedule 1011 — Civil penalties: amendments relating to sectoral regulators¶
The Civil Aviation Authority (CAA)¶
The Financial Conduct Authority (FCA)¶
;section 167C (statement of policy in relation to functions under sections 167 and 167A);
section 174E (statement of policy on penalties).
.section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A);
The Northern Ireland Authority for Utility Regulation¶
The Office of Communications (OFCOM)¶
The Office of Gas and Electricity Markets (Ofgem)¶
The Office of Rail and Road (ORR)¶
The Payment Systems Regulator¶
;section 167C (statement of policy in relation to functions under sections 167 and 167A);
section 174E (statement of policy on penalties).
.section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A);
The Water Services Regulation Authority (Ofwat)¶
Schedule 1112 — Service and extra-territoriality of notices under CA 1998 and EA 2002¶
Service of documents etc¶
126 Service of documents by the CMA, OFCOM or the Secretary of State
(1) This section applies in relation to any document required or authorised under this Part to be served on a person by the CMA, OFCOM or the Secretary of State. (2) The document may be served by— (a) delivering it to the person, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sending it to the person by email to their email address. (3) A document may be served on a body corporate by giving it to any officer of that body. (4) A document may be served on a partnership by giving it to any partner or a person who has the control or management of the partnership business. (5) A document may be served on an unincorporated body or association (other than a partnership) by giving it to any member of the governing body of the association. (6) A person’s proper address is— (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of documents, that address; (b) in any other case, the address determined in accordance with subsection (7). (7) A person’s “proper address” is (if subsection (6)(a) does not apply)— (a) in the case of a body corporate, its registered or principal office; (b) in the case of a partnership, the principal office of the partnership; (c) in the case of an unincorporated body or association, the principal office of the body or association; (d) in a case where none of paragraphs (a) to (c) apply, any address at which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of the person. (8) A person’s email address is— (a) any email address published for the time being by that person as an address for contacting that person, or (b) if there is no such published address, any email address by means of which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of that person. (9) In the case of— (a) a body corporate registered outside the United Kingdom, (b) a partnership carrying on business outside the United Kingdom, or (c) any other body with offices outside the United Kingdom, references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities.(10) In this section “officer”, in relation to any body corporate, means a director, manager, secretary or other similar officer of the body. (11) This section does not limit any other lawful means of serving a document on a person.
Supplementary
44A Giving of notices under Chapter 3
Section 126 of the Enterprise Act 2002 (service of documents) applies to the giving of notices under this Chapter as it applies to the service of documents under Part 3 of that Act.
Extra-territoriality of notices under CA 1998 and EA 2002¶
44B Extra-territorial application of notices under sections 26 and 40ZD
(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4)); (b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person’s activities are being investigated as part of an investigation under section 25, or (b) the person has a UK connection. (4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or (b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section). (5) For the purposes of subsection (3)(b), 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 body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (6) In subsection (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 protected person within the meaning of that Act. (7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.
109B Extra-territorial application of notices under section 109
(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 109(2) or (3). (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsection (3)); (b) require the production of documents, or the supply of information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 109(2) or (3) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is, or was, part of, or involved with or carrying on, an enterprise which has or may have ceased, or may cease, to be a distinct enterprise in circumstances where a reference has been, or may be, made under section 22, 33, 45 or 62 in relation to the enterprise, or (b) the person has a UK connection. (4) For the purposes of subsection (3)(b), 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 body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 109(2) or (3) to a person outside the United Kingdom.
174ZA Extra-territorial application of notices under section 174
(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5). (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsection (3)); (b) require the production of documents, or the supply of information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (4) In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)). (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.
Schedule 1213 — Orders and regulations under CA 1998 and EA 2002¶
Orders and regulations under CA 1998¶
(4A) Regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.
(6) Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure. (7) Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (8) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
Orders and regulations under Part 3 of EA 2002¶
(5A) Regulations made under section 94AB(9) or 111(9) are subject to the negative procedure.
(6A) Regulations made under section 94AB(7) or 111(7A) are subject to the affirmative procedure. (6B) Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.
(11) Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (12) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
Orders and regulations under Part 4 of EA 2002¶
(4A) Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.
(5A) Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure. (5B) Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.
(11) Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (12) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 1314 — Consumer protection enactments¶
Part 1 — Enactments¶
Enactment
Authorised enforcers
Information about transitional etc provision
1. Acts of Parliament
Accommodation Agencies Act 1953
Section 40 of the Administration of Justice Act 1970
Sections 4, 5 and 7 of the Cancer Act 1939
Sections 60, 61 and 63 of the Charities Act 1992
Section 7(1) and (2) of the Children and Young Persons Act 1933
Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991
In relation to Scotland, see Article 2 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (S.S.I. 2010/77) for provision about the application of the section in connection with its repeal
Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003
Part 41 of the Companies Act 2006
Consumer Credit Act 1974
Parts 1 and 2 and Chapter 5 of Part 3 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, the Consumer Rights Act 2015
Sections 107, 198 and 297A of the Copyright Designs and Patents Act 1988
Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024
Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024
Chapter 3 of Part 4 of the Digital Markets, Competition and Consumers Act 2024
Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024
Estate Agents Act 1979
Hallmarking Act 1973
Malicious Communications Act 1988
Misrepresentation Act 1967
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of provisions of the Act in connection with the coming into force of CRA 2015
Sections 13 and 16 of the National Lottery Act 1993
Section 4 of the Prices Act 1974
Protection from Harassment Act 1997
Sections 75 and 76 of the Road Traffic Act 1988
Sale of Goods Act 1979
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of provisions of the Act in connection with the coming into force of CRA 2015
Supply of Goods (Implied Terms) Act 1973
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of provisions of the Act in connection with the coming into force of CRA 2015
Supply of Goods and Services Act 1982
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of provisions of the Act in connection with the coming into force of CRA 2015
Tobacco Advertising and Promotion Act 2002
Section 12 of the Torts (Interference with Goods) Act 1968
Trade Descriptions Act 1968
See Schedule 3 to the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) for provision about the application of provisions of the Act that have been repealed
Section 92 of the Trade Marks Act 1994
Unfair Contract Terms Act 1977
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of provisions of the Act in connection with the coming into force of CRA 2015
Sections 21 to 23, 25, 28, 30, 31, 32, 50(5) and (6) of the Weights and Measures Act 1985
See Article 21 of the Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659) for provision about the application of provisions of the Act that have been repealed
2. Secondary legislation
Regulations 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)
Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008 (S.I. 2008/1276)
Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014 (S.I. 2014/2833)
See regulation 8 of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484) for provision about the application of regulations that have been revoked
Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
(S.I. 2005/975)Part 6 of the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (S.I. 2015/17), and any other provision of the Regulations having effect for the purposes of Part 6
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134)
Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)
Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012 (S.I. 2012/3110)
Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013)
Financial Services (Distance Marketing) Regulations 2004 (S.I. 2004/2095) and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000
Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012 (S.I. 2012/1916)
Merchant Shipping (Passengers’ Rights) Regulations 2013 (S.I. 2013/425)
Operation of Air Services (Pricing etc.) Regulations 2013 (S.I. 2013/486)
See regulation 8 of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484) for provision about the application of regulations that have been revoked
Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)
Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015 (S.I. 2015/2038)
Price Marking Order 2004 (S.I. 2004/102)
Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426)
Provision of Services Regulations 2009 (S.I. 2009/2999)
Rail Passengers’ Rights and Obligations Regulations 2010 (S.I. 2010/1504)
Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865)
Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (S.I 2010/2960)
Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property
3. Northern Ireland legislation
Articles 131 to 135 and 168 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11))
Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No 180)
Bus and Coach Passenger Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No 186)
Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))
Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))
Malicious Communications (Northern Ireland) Order 1988 (S.I. 1988/1849 (N.I. 18))
Misrepresentation Act (Northern Ireland) 1967
Price Marking Order (Northern Ireland) 2004 (S.R. (N.I.) 2004 No 368)
Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))
Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 84)
Articles 83 and 84 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))
Article 19(1) to (6), 20, 22, 25(2) and 32(5) of the Weights and Measures (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10)) (see regulation 21 of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2006 (S.R. (N.I.) 2011 No 331) for provision about the application of Articles that have been revoked)
4. Assimilated direct legislation
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community
Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004
Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004
Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions
5. Saved legislation
Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 (S.I. 2008/1816)
See regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) for provision about the application of the Regulations in connection with their revocation
Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334)
See regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) for provision about the application of the Regulations in connection with their revocation
Package Travel, Package Holidays and Package Tours regulations 1992 (S.I. 1992/3288)
See regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634) for provision about the application of the Regulations in connection with their revocation
Regulation 15 of the Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554)
See regulation 75(2) of the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553) for provision about the application of the regulation in connection with its revocation
Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045)
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of the regulation in connection with its revocation
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041)
See regulations 55 and 56 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507) for provision about the application of the Regulations in connection with their revocation
Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)
See Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of the Regulations in connection with their revocation)
6. Other subordinate legislation
Any other subordinate legislation (not otherwise listed in this Schedule) so far as made under an enactment so listed
Part 2 — Obligations and rules of law¶
Obligation or rule of law
Authorised enforcers
Breach of contract for the supply of goods, services or digital content (whether or not breach is waived)
Breach of duty of care owed to consumer under law of tort
Breach of duty of care owed to consumer under law of delict
Any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982
Schedule 1415 — Direct enforcement enactments¶
Enactment
Extent
1. Acts of Parliament
Consumer Credit Act 1974
The whole Act
Consumer Rights Act 2015
Parts 1 and 2
Chapter 5 of Part 3
Schedules 2 and 3
Part 3 of Schedule 5
Digital Markets, Competition and Consumers Act 2024
Chapters 1, 2 and 3 of Part 4
Sale of Goods Act 1979
Sections 1 to 10
Section 11 (other than subsection (4))
Sections 16 to 19
Sections 20A and 20B
Sections 21 to 28
Section 29 (other than subsection (3))
Section 34
Section 37
Part 5
Sections 49 and 50
Section 57
Sections 60 to 62
2. Secondary legislation and assimilated direct legislation
Business Protection from Misleading Marketing Regulations 2008
Regulations 2, 4, 13, 15 and 18
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
All regulations
Consumer Protection from Unfair Trading Regulations 2008
All regulations
Consumer Rights (Payment Surcharges) Regulations 2012
Regulations 4 and 6A to 10
Electronic Commerce (EC Directive) Regulations 2002
Regulations 6, 7, 8, 9 and 11
Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions
Article 10(4)
Package Travel and Linked Travel Arrangements Regulations 2018
All regulations
Price Marking Order 2004
The whole Order
Price Marking Order (Northern Ireland) 2004 (S.R. (N.I.) 2004 No 368)
The whole Order
Provision of Services Regulations 2009
All regulations
Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
All regulations
3. Saved legislation
Sale of Goods Act 1979
The whole Act, so far as it continues to apply by virtue of the saving made by Article 6(1) of the Consumer Rights Act (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015
Supply of Goods and Services Act 1982
The whole Act, so far as it continues to apply by virtue of the saving made by Article 6(1) of the Consumer Rights Act (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015
Supply of Goods (Implied Terms Act) 1973
The whole Act, so far as it continues to apply by virtue of the saving made by Article 6(1) of the Consumer Rights Act (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015
Unfair Contract Terms Act 1977
The whole Act, so far as it continues to apply by virtue of the saving made by Article 6(1) of the Consumer Rights Act (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015
Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 (S.I. 2008/1816)
All regulations (see regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) for provision about the application of the Regulations in connection with contracts entered into before 13th June 2014).
Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334)
All regulations (see regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for provision about the application of the Regulations in connection with contracts entered into before 13th June 2014).
Package Travel, Package Holidays and Package Tours Regulations 1992 (S.I. 1992/3288)
All regulations (see regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634) for provision about the application of the Regulations in connection with their revocation)
Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045)
Regulation 15 (see Article 6(3) of the Consumer Rights Act 2015 (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 for provision about the application of the Regulation in connection with its revocation)
Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)
All regulations (see Article 6(4) of the Consumer Rights Act 2015 (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 for provision about the application of the Regulations in connection with their revocation)
4. Other subordinate legislation
Any other subordinate legislation (not otherwise listed in this Schedule) so far as made under an enactment so listed
The entirety of the legislation.
Schedule 1516 — Investigatory powers¶
Introductory¶
Penalties for non-compliance with information notices¶
(c) the circumstances in which a monetary penalty may be payable under this Part of this Schedule in relation to non-compliance with the notice.
Non-compliance with notice under paragraph 14: power of court to impose monetary penalties
16A (1) This paragraph applies where— (a) an enforcer or an officer of an enforcer has given a notice to a person (“the respondent”) under paragraph 14, and (b) the enforcer considers that the respondent has, without reasonable excuse, failed to comply with the notice. (2) The enforcer or an officer of the enforcer may make an application under this paragraph to the court. (3) If the court finds that the respondent has, without reasonable excuse, failed to comply with the notice, the court may make an order that requires the respondent to pay a monetary penalty to the enforcer. (4) The amount of the penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (5) The penalty must not exceed— (a) in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent; (b) in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day. (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the notification date, and (b) unless the court determines an earlier date (whether before or after the order imposing the penalty is made), the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with. (7) An order under this paragraph must state— (a) the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (b) the grounds on which the penalty is imposed together with any other factors that the court considers justify the giving of the penalty or its amount; (c) in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate; (d) how the penalty is to be paid to the enforcer; (e) the date or dates, no earlier than the end of 28 days beginning with the date of service of the order on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid; (f) that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; (g) that the respondent has the right to apply under sub-paragraph (8), or to appeal against the order, and the main details of those rights. (8) The respondent may, within 14 days of the notification date, apply to the court for it to specify a different date or dates by which the penalty, or portions of it, are to be paid. (9) An application by an enforcer or officer of an enforcer under this paragraph— (a) may be made in addition to, or instead of, an application under paragraph 16, and (b) where made in addition to an application under paragraph 16, may be combined with the application under that paragraph. (10) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under this paragraph may appeal in respect of the amount of the penalty. (11) Where an appeal is brought in respect of a penalty imposed by virtue of an order under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the court dealing with the appeal orders otherwise. (12) Sub-paragraphs (4) and (5) of paragraph 16 apply to an order under this paragraph as they apply to an order under that paragraph. (13) In this paragraph, other than in sub-paragraph (11)— the court has the same meaning as in paragraph 16; the notification date, in relation to an order under this paragraph, means the date on which notice of the application for the order is given to the respondent. Non-compliance with notice under paragraph 14: powers of CMA to give provisional enforcement notice
16B (1) This paragraph applies where— (a) the CMA has given a notice to a person (“the respondent”) under paragraph 14, and (b) the CMA has reasonable grounds to believe that the respondent has failed to comply with the notice. (2) The CMA may give to the respondent a notice under this paragraph (a “provisional enforcement notice”). (3) A provisional enforcement notice must— (a) set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the giving of the notice; (b) specify such actions as the CMA considers appropriate to be taken by the respondent for the purposes of securing compliance with the notice under paragraph 14; (c) invite the respondent to make representations to the CMA about the matters set out in the notice; (d) specify the means by which, and the time by which, such representations must be made. (4) The means specified under sub-paragraph (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way. (5) If the CMA is considering the imposition of a monetary penalty on the respondent (see paragraph 16C), the provisional enforcement notice must also state— (a) that the CMA is considering imposing a monetary penalty; (b) the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (c) any further factors (in addition to those provided under sub-paragraph (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts. Non-compliance with notice under paragraph 14: power of CMA to give final enforcement notice
16C (1) This paragraph applies where— (a) the CMA has given to the respondent a provisional enforcement notice under paragraph 16B in respect of a notice given to the respondent under paragraph 14, (b) the time for the respondent to make representations to the CMA in accordance with the provisional enforcement notice has expired, and (c) after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with the notice given under paragraph 14. (2) The CMA may by notice (a “final enforcement notice”) impose on the respondent a requirement to do either or both of the following— (a) a requirement to pay a monetary penalty; (b) a requirement to comply with such directions as the CMA considers appropriate for the purpose of securing the respondent’s compliance with the notice under paragraph 14. (3) A requirement under sub-paragraph (2)(a) to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent’s failure in question is without reasonable excuse. (4) The amount of a monetary penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (5) The penalty must not exceed— (a) in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent; (b) in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day. (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the date on which the provisional enforcement notice mentioned in sub-paragraph (1)(a) was given to the respondent, and (b) unless the CMA determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with. (7) A final enforcement notice that imposes a penalty on the respondent must state— (a) the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate); (b) the grounds on which the penalty is imposed together with any other factors that the CMA considers justify the giving of the penalty or its amount; (c) in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate; (d) how the penalty is to be paid to the CMA; (e) the date or dates, no earlier than the end of 28 days beginning with the date of service of the notice on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid; (f) that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; (g) that the respondent has the right to apply under sub-paragraph (8), or to appeal under paragraph 16D, and the main details of those rights. (8) The respondent may, within 14 days of the date of service of the notice, apply to the CMA for it to specify a different date or dates by which the penalty, or different portions of it, are to be paid. (9) In deciding whether, and if so how, to proceed under this paragraph the CMA must have regard to the statement of policy most recently published under paragraph 16F at the time of the act or omission giving rise to the penalty. (10) The CMA may publish a notice given under this paragraph in such manner as it considers appropriate. (11) Sections 184 to 189 of the Digital Markets, Competition and Consumers Act 2024 apply to a direction given in a notice under this paragraph as if the direction were an enforcement direction for the purposes of those sections. Appeals against final enforcement notice
16D (1) A person to whom a final enforcement notice is given may appeal to the appropriate court against— (a) a decision to impose a monetary penalty by virtue of the notice, (b) the nature or amount of any such penalty, or (c) the giving of directions by virtue of the notice. (2) The grounds for an appeal under sub-paragraph (1)(a) or (b) are that— (a) the decision to impose a monetary penalty was based on an error of fact, (b) the decision was wrong in law, (c) the amount of the penalty is unreasonable, or (d) the decision was unreasonable or wrong for any other reason. (3) The grounds for an appeal under sub-paragraph (1)(c) are that— (a) the decision to give the directions was based on an error of fact, (b) the decision was wrong in law, (c) the nature of the directions is unreasonable, or (d) the decision was unreasonable or wrong for any other reason. (4) On an appeal under this paragraph the appropriate court may quash, confirm or vary the final enforcement notice. (5) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the final enforcement notice was given to the person seeking to bring the appeal. (6) The appropriate court may extend the period mentioned in sub-paragraph (5) for bringing an appeal. (7) Where an appeal is brought under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the appropriate court orders otherwise. (8) In this paragraph “the appropriate court” means— (a) in relation to England and Wales or Northern Ireland, the High Court, and (b) in relation to Scotland, the Outer House of the Court of Session. Recovery of penalties imposed under paragraph 16C
16E (1) This paragraph applies where a penalty imposed by a final enforcement notice given under paragraph 16C, or any part of such a penalty, has not been paid by the date on which it is required to be paid and— (a) an appeal under paragraph 16D has not been brought before the end of the period mentioned in sub-paragraph (5) of that paragraph, or (b) any such appeal that was brought has been determined, withdrawn or otherwise disposed of. (2) The CMA may recover from the person on whom the penalty was imposed any of the penalty and any interest which has not been paid. (3) Any such penalty and interest may be recovered summarily (or, in Scotland, recovered) as a civil debt by the CMA. Statement of policy in relation to penalties under paragraph 16C
16F (1) The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C. (2) The statement must include a statement about the considerations relevant to the determination of— (a) whether to impose a penalty under that paragraph, and (b) the nature and amount of any such penalty. (3) The CMA may revise its statement of policy and, where it does so, must publish the revised statement. (4) In preparing or revising its statement of policy the CMA must consult— (a) the Secretary of State, and (b) such other persons as the CMA considers appropriate. (5) A statement of policy, or revised statement, may not be published under this section without the approval of the Secretary of State. Penalties imposed under paragraphs 16A and 16C: further provision
16G (1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time carries interest at the statutory rate. (2) Where an application has been made under paragraph 16A(8) or 16C(8), the penalty is not required to be paid until the application has been determined, withdrawn or otherwise disposed of. (3) If a portion of a penalty has not been paid by the date required for it, the enforcer to whom it is payable may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid (and is capable of being paid immediately) to be paid immediately. (4) Where on an appeal under paragraph 16D the appropriate court substitutes a penalty of a different nature or of a lesser amount, the court may require the payment of interest at the statutory rate on the substituted penalty from whatever date it considers appropriate (which may include a date before the determination of the appeal). (5) In the case of a monetary penalty imposed on a firm, the penalty is to be paid out of the assets or funds of the firm. (6) Sums received from a person towards payment of a monetary penalty must be paid— (a) in the case of a penalty imposed by an order of the Court of Session or the Sheriff, into the Scottish Consolidated Fund; (b) in the case of a penalty imposed by an order of a court in Northern Ireland, into the Consolidated Fund of Northern Ireland; (c) in any other case, into the Consolidated Fund of the United Kingdom. (7) In this paragraph— penalty means a penalty imposed under paragraph 16A or 16C; statutory rate means the rate for the time being specified in section 17 of the Judgments Act 1838. Meaning of “turnover” for purposes of paragraphs 16A and 16C
16H (1) References to “turnover” of a person in paragraphs 16A and 16C include— (a) turnover both in and outside the United Kingdom; (b) where the person controls another person, the turnover of that other person; (c) where the person is controlled by another person, the turnover of that other person. (2) The Secretary of State may by regulations— (a) make provision for determining when a person is to be treated as controlled by another person for the purposes of sub-paragraph (1)(b) and (c); (b) make provision for determining the turnover of a person for those purposes. (3) Regulations under this paragraph may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising a person’s turnover or daily turnover; (b) the date or dates by references to which a person’s turnover or daily turnover is to be determined. (4) Regulations under this paragraph may include provision enabling the court (within the meaning of paragraph 16A) or the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of sub-paragraph (3)). (5) Regulations under this paragraph are to be made by statutory instrument. (6) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. Miscellaneous
16I (1) The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to the person a final enforcement notice under paragraph 16C in respect of that failure. (2) The CMA may not give a person a final enforcement notice under paragraph 16C in respect of a failure to comply with a notice under paragraph 14 if— (a) the CMA has made an application under paragraph 16A against the person in respect of that failure, and (b) the application has been determined by the court (within the meaning of that paragraph).
Extra-territorial application in relation to notices¶
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, (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.
Means of giving notices¶
Means of giving notice under this Part of this Schedule
17B (1) This paragraph applies in relation to a notice given to a person under this Part of this Schedule. (2) The notice may be given by— (a) delivering it to the person, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sending it to the person by email to the person’s email address. (3) A notice to a body corporate may be given in accordance with sub-paragraph (2) to any officer of that body. (4) A notice to a partnership may be given in accordance with sub-paragraph (2) to any partner or a person who has the control or management of the partnership business. (5) A notice to a firm other than a body corporate or a partnership may be given in accordance with sub-paragraph (2) to any member of the governing body of the firm. (6) A person’s proper address is— (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address; (b) in any other case, the address determined in accordance with sub-paragraph (7). (7) A person’s proper address is (if sub-paragraph (6)(a) does not apply)— (a) in the case of a body corporate, its registered or principal office; (b) in the case of a partnership, the principal office of the partnership; (c) in the case of a firm other than a body corporate or a partnership, the principal office of the firm; (d) in a case where none of paragraphs (a) to (c) apply, any address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person. (8) A person’s email address is— (a) any email address published for the time being by that person as an address for contacting that person, or (b) if there is no such published address, any email address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person. (9) In the case of— (a) a body corporate registered outside the United Kingdom, (b) a partnership carrying on business outside the United Kingdom, or (c) any other type of firm with offices outside the United Kingdom, references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities.(10) In this paragraph “officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body. (11) This paragraph does not limit other lawful means of giving notice.
Access to documents¶
Meaning of “firm”¶
.firm means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;
Schedule 1617 — Part 3: minor and consequential amendments¶
Companies Act 1985¶
Enterprise Act 2002¶
Chapters 3 and 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.
Companies Act 2006¶
Regulatory Enforcement and Sanctions Act 2008¶
Digital Markets, Competition and Consumers Act 2003, Chapters 3 and 4 of Part 3.
Consumer Rights Act 2015¶
(b) an authorised enforcer for the purposes of that Part (see paragraph 20(7)).
(a) the Competition and Markets Authority, (b) a local weights and measures authority in Great Britain, or (c) the Department for the Economy in Northern Ireland.
(7) Each of the following is an “authorised enforcer” for the purposes of this Part of this Schedule— (a) the Competition and Markets Authority; (b) the Civil Aviation Authority; (c) the Financial Conduct Authority; (d) the Secretary of State; (e) the Department of Health in Northern Ireland; (f) the Office of Communications; (g) the Department for the Economy in Northern Ireland; (h) every local weights and measures authority in Great Britain; (i) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003; (j) the Information Commissioner; (k) the Department for Infrastructure in Northern Ireland; (l) the Maritime and Coastguard Agency; (m) the Office of Rail and Road; (n) the Office for the Traffic Commissioner. (8) In this paragraph “relevant infringement” means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.
Paragraph 20: listed enactments
20A The enactments referred to in paragraph 20(8) are the following— Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements. Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977, to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982, and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018. The Unfair Terms in Consumer Contracts Regulations 1999, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property. The Consumer Protection (Distance Selling) Regulations 2000, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003. Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002. Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002, to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. The Price Marking Order 2004. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000. The Price Marking Order (Northern Ireland) 2004. The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations. Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008. The Consumer Protection from Unfair Trading Regulations 2008. The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community. The Provision of Services Regulations 2009. The Rail Passengers’ Rights and Obligations Regulations 2010. Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway. The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010. Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004. Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012. Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012. The Merchant Shipping (Passengers’ Rights) Regulations 2013. The Operation of Air Services in the Community (Pricing etc.) Regulations 2013. The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014. The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014. The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014. Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, this Act. Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions. Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015. The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017. The Package Travel and Linked Travel Arrangements Regulations 2018. Part 4 of the Digital Markets, Competition and Consumers Act 2024.
.(a) Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024,
Schedule 1718 — Part 3: transitional and saving provisions in relation to Part 3¶
Interpretation¶
General rules¶
Rules applicable to continuing conduct¶
Rules applicable to undertakings given to enforcers under the old law¶
Information notices under Schedule 5 to CRA 2015¶
Further provision¶
Schedule 1819 — Commercial practices which are in all circumstances considered unfair¶
Schedule 1920 — Excluded contracts¶
Utilities¶
Insurance and financial services¶
Medical prescriptions etc.¶
Contracts regulated by OFCOM¶
Rent of residential accommodation¶
Delivery of foodstuffs etc. by unincorporated trader¶
Package holidays etc¶
Timeshares etc¶
Childcare (including school age education)¶
Schedule 2021 — Pre-contract information and reminder notices¶
Part 1 — Key pre-contract information¶
Part 2 — Full pre-contract information¶
Part 3 — Reminder notices¶
Schedule 2122 — Excluded arrangements¶
Regulated financial services activity¶
Arrangements for the supply of utilities¶
Small businesses¶
Childcare voucher schemes¶
Package holidays etc.¶
Schedule 2223 — Exempt ADR providers¶
Part 1 — List of exempt persons¶
The Commission for Local Administration in England (also known as the Local Government and Social Care Ombudsman) and each Local Commissioner within the meaning of section 23(3) of the Local Government Act 1974
The Consumer Council for Water
The Health Service Commissioner for England
The Legal Ombudsman
The Northern Ireland Public Services Ombudsman
The Office of the Independent Adjudicator for Higher Education (registered company number 04823842) in relation to its functions as the designated operator under section 13 of the Higher Education Act 2004
The Parliamentary Commissioner for Administration
The Pensions Ombudsman
The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru
The Scottish Legal Complaints Commission
The Scottish Public Services Ombudsman
Part 2 — Exempt redress schemes¶
An approved estate agents redress scheme
An approved postal operators redress scheme
An approved social housing ombudsman scheme
Approved public communications provider dispute procedures
The Financial Ombudsman Scheme
A qualifying lettings agency work redress scheme
A qualifying property management work redress scheme
A qualifying redress scheme for the gas or electricity sector
Part 3 — Supplementary¶
Schedule 2324 — Accreditation criteria¶
Part 1 — The criteria applicable to an accredited ADR provider¶
Criterion 1: information for consumers¶
Criterion 2: readiness to carry out ADR¶
Criterion 3: expertise¶
Criterion 4: facilities for consumers and traders to participate¶
Criterion 5: fair ADR procedures¶
Criterion 6: independence and impartiality¶
Criterion 7: information for parties¶
Part 2 — Supplementary¶
Schedule 2425 — Chapter 4 of Part 4: consequential amendments etc¶
Financial Services and Markets Act 2000¶
Consumer Rights Act 2015¶
The Secretary of State
Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024
Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)¶
Schedule 2526 — Provision of investigative assistance to overseas regulators¶
Amendments to Part 3 of EA 2002¶
(10) Where the section 109 power is exercised for the purposes of providing assistance to an overseas regulator (see Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the relevant day is the earlier of— (a) in the case of a penalty imposed by virtue of section 110(1)(a), the day on which the CMA gives notice to the relevant person that— (i) the information or documents specified or described in the notice under section 109 have been produced or supplied to the satisfaction of the CMA, or (ii) the relevant person has appeared as a witness in accordance with the requirements of the CMA; (b) in the case of a penalty imposed by virtue of section 110(1)(b), the day on which the CMA gives notice to the relevant person that the CMA considers the obstruction or delay to have ceased; and (c) in either case, the day one year on from the day specified in the notice under section 109 for the relevant person to comply with it. (11) In subsection (10), “the relevant person” means the person given the notice under section 109.
(iii) in a case where the penalty is imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.
(c) a decision of the CMA or the Secretary of State for the purposes of Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.
(ii) Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.
Amendment to Part 9 of EA 2002¶
(2A) The Secretary of State may not make a direction under this section in relation to a disclosure permitted under section 243A or 243B that relates to assistance provided by a relevant regulator to an overseas regulator by virtue of Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.
Amendments to CA 1998¶
(1A) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular— (a) state its decision to do so; (b) identify the overseas regulator concerned; (c) summarise the matter in respect of which the assistance is to be provided; (d) identify any undertaking in respect of which the assistance is to be provided; (e) identify the market which is or was affected by the matter in respect of which the assistance is to be provided.
;(b) the CMA is assisting, or is likely to assist, an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024).
(d) in a case where the requirement was imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.
Schedule 2627 — Duty of expedition on sectoral regulators in respect of their competition functions¶
The Civil Aviation Authority (CAA)¶
(12) In making any decision, or otherwise taking action, for the purposes of any relevant 2002 Act functions, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(3A) In making any decision, or otherwise taking action, for the purposes of any relevant 1998 Act functions that are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Financial Conduct Authority (FCA)¶
(9) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(6) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Northern Ireland Authority for Utility Regulation¶
(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(10) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Office of Communications (OFCOM)¶
(13) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(13) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Office of Gas and Electricity Markets (Ofgem)¶
(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(8) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Office of Rail and Road (ORR)¶
(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Office of Rail and Road must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Payment Systems Regulator¶
(7) In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, the Payment Systems Regulator must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
(6) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Payment Systems Regulator must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Water Services Regulation Authority (Ofwat)¶
(10) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.