The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 336(3) of that Act.
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025.
(2)
Subject to paragraph (3) and paragraph (4), these Regulations come into force on 6th April 2025.
(3)
Paragraphs 2, 5 and 22 of the Schedule come into force on the day on which the first regulations made under section 233 of the Digital Markets, Competition and Consumers Act 2024 come into force.
(4)
Paragraphs 6 to 10, 11(b), 12 to 20, 25, 28 and 34 of the Schedule, so far as they relate to Chapters 2, 3 and 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, come into force when those Chapters come into force.
(5)
An amendment made by the Schedule to these Regulations has the same extent as the provision amended.
Consequential amendments2.
The legislation referred to in the Schedule is amended as set out in that Schedule.
ScheduleAmendments of legislation
Part 1Amendments to Acts of Parliament
Agricultural Marketing Act 1958
1.
(a)
in sub-paragraph (iii), at the end omit “or”;
(b)
in sub-paragraph (iv), at the end insert “; or”
;
(c)
“(v)
Part 3 and Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”.
Misrepresentation Act 1967
2.
In section 2 of the Misrepresentation Act 19673 (damages for misrepresentation), in subsection (4) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Greater London Council (General Powers) Act 1972
3.
“(e)
Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.”.
Hallmarking Act 1973
4.
In Schedule 1 to the Hallmarking Act 19735 (unhallmarked articles), in paragraph 1 of Part 3, for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
5.
In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19856 (negligent misrepresentation), in subsection (3) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Telecommunications Act 1984
6.
Companies Act 1985
7.
Airports Act 1986
8.
Water Act 1989
9.
Water Industry Act 1991
10.
Water Resources Act 1991
11.
(a)
(b)
“The following provisions of the Digital Markets, Competition and Consumers Act 2024—
(a)
Part 3;
(b)
Part 4;
(c)
Chapter 2 of Part 5.”.
Railways Act 1993
12.
Coal Industry Act 1994
13.
Greater London Authority Act 1999
14.
Utilities Act 2000
15.
Transport Act 2000
16.
Communications Act 2003
17.
Wireless Telegraphy Act 2006
18.
Companies Act 2006
19.
Civil Aviation Act 2012
20.
Consumer Rights Act 2015
21.
(1)
(2)
““final enforcement notice” means a notice under paragraph 16C(2) of this Schedule;
“relevant notice” has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024.”.
(3)
In paragraph 1025, in the entry “section 93(1) or (2) of this Act”, for “or (2)” substitute “, (2) or (2A)”
.
(4)
(a)
“(f)
to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.”;
(b)
in sub-paragraph (3)(b) for “or an interim enforcement order” substitute “, an interim enforcement order, an online interface order or an interim online interface order”
.
(5)
(a)
in sub-paragraph (3)(c), at the end omit “or”;
(b)
in sub-paragraph (3)(d)—
(i)
after “section 163” insert “or section 185”
;
(ii)
at the end insert “, or”
;
(c)
“(e)
a failure to comply with a relevant notice or a final enforcement notice.”.
Part 2Amendments to other legislation
Misrepresentation Act (Northern Ireland) 1967
22.
In section 2 of the Misrepresentation Act (Northern Ireland) 196728 (damages for misrepresentation), in subsection (4) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Estate Agents (Specified Offences) (No. 2) Order 1991
23.
“Digital Markets, Competition and Consumers Act 2024 | Section 237(1), (2), (3), (4), (6) and (7) | Offences relating to unfair commercial practices”. |
Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
24.
In article 89V of the Financial Services and Markets Act 2000 (Regulated Activities) Order 200130 (certain providers of referrals), in paragraph (1)(e) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Energy (Northern Ireland) Order 2003
25.
Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
26.
In article 73J of the Financial Services and Markets Act 2000 (Financial Promotion) Order 200532 (communications made by certain providers of referrals), in paragraph (1)(e) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Duty Stamps Regulations 2006
27.
In regulation 10 of the Duty Stamps Regulations 200633 (disqualification from being registered), in paragraph (7)(b) for “regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 Digital Markets, Competition and Consumers Act 2024”
.
Water and Sewerage Services (Northern Ireland) Order 2006
28.
Licensing (Relevant Offences) (Scotland) Regulations 2007
29.
In Part 2 of the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 200735 (relevant offences), in paragraph 46 for “regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Legislative and Regulatory Reform (Regulatory Functions) Order 2007
30.
(1)
(2)
In Part 3, in the section relating to consumer and business protection—
(a)
omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;
(b)
after the entry relating to the Consumer Rights Act 2015 insert “Part 3 and Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
(3)
In Part 6—
(a)
omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;
(b)
after the entry relating to the Consumer Rights Act 2015 insert “Part 3 and Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”
.
Business Protection from Misleading Marketing Regulations 2008
31.
In regulation 4 of the Business Protection from Misleading Marketing Regulations 200837 (comparative advertising), in paragraph (b) for “it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 or a misleading omission under regulation 6 of those Regulations” substitute “it is not a misleading action under section 225(4)(a) and section 226 of the Digital Markets, Competition and Consumers Act 2024 or a misleading omission under section 225(4)(a) and section 227 of that Act”
.
Consumer Protection from Unfair Trading Regulations 2008
32.
(1)
(2)
“(1)
In this Part “prohibited practice” means a commercial practice involving—
(a)
a misleading action under section 225(4)(a) and section 226 of the Digital Markets, Competition and Consumers Act 2024, or
(b)
an aggressive practice under section 225(4)(a) and section 228 of the Digital Markets, Competition and Consumers Act 2024.”.
(3)
In paragraph 2 for “Regulations 5 and 7 apply for the purposes of this Part as if for the definition of “transactional decision” in regulation 2(1) there were substituted” substitute “Section 225(4)(a) of the Digital Markets, Competition and Consumers Act 2024 applies for the purposes of this Part as if for the definition of “transactional decision”
in section 245 of the Digital Markets, Competition and Consumers Act 2024 there were substituted”.
Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
33.
In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200939 , for “Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading)”
.
Postal Services Act 2011 (Disclosure of Information) Order 2012
34.
Consumer Rights (Payment Surcharges) Regulations 2012
35.
In regulation 7 of the Consumer Rights (Payment Surcharges) Regulations 201241 (complaints), in paragraph (4) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”
.
Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
36.
In Regulation 14A of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 201542 (the ADR entity’s duty to cooperate), in subsection (2) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”
.
Payment Card Interchange Fee Regulations 2015
37.
(1)
(2)
““The Competition and Markets Authority; local weights and measures authorities in Great Britain; and the Department for the Economy in Northern Ireland | (a)Their functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law) in so far as they relate to Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29th April 2015 on interchange fees for card-based payment transactions. (b)Co-operation with the Payment Systems Regulator under regulation 20 of the Payment Card Interchange Fee Regulations 2015 (co-operation between the Payment Systems Regulator and enforcers).”.”. |
(3)
“Co-operation between the Payment Systems Regulator and enforcers
20.
The Payment Systems Regulator and, in the context of their functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law), the Competition and Markets Authority, local weights and measures authorities in Great Britain and the Department for the Economy in Northern Ireland, must take such steps as they consider appropriate to co-operate with each other for the purposes of the exercise of their functions in relation to Article 10(4) of the interchange fee regulation.”.
Payment Services Regulations 2017
38.
““An enforcement authority for the purpose of the Consumer Rights (Payment Surcharges) Regulations 2012 (see regulation 7(5))
Its functions under those Regulations.
The Competition and Markets Authority; local weights and measures authorities in Great Britain; and the Department for the Economy in Northern Ireland.
Their functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law) in so far as they relate to the Consumer Rights (Payment Surcharges) Regulations 2012.”.”.
These Regulations make amendments to primary and secondary legislation in consequence of the coming into force of Parts 3, 4 and Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 (c. 13) (“the Act”).
Part 3 of the Act updates powers to investigate and enforce consumer protection law. Part 4 of the Act gives consumers protections in respect of unfair commercial practices, subscriptions contracts and prepayments to savings schemes and regulates the provision of alternative dispute resolution for consumer contract disputes. Chapter 2 of Part 5 confers statutory authority for UK regulators to provide investigative assistance to overseas regulators who have functions corresponding to the UK regulators in relation to competition, consumer protection and digital markets.
These Regulations replace references to the enforcement regime under Part 8 of the Enterprise Act 2002, which Part 3 of the Act supersedes, and replaces references to the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) (“CPUTRs”) and EU Directive 2005/29/EC concerning unfair business-to-consumer commercial practices (which the CPUTRs implemented), which Chapter 1 of Part 4 supersedes.
These Regulations update various pieces of legislation which restrict the disclosure of information. The Regulations amend the Agricultural Marketing Act 1958 to allow disclosure for the purposes of Part 3 and Chapter 2 of Part 5 of the Act and the Water Resources Act 1991 to allow disclosure for the purposes of Parts 3 and 4 and Chapter 2 of Part 5 of the Act. The Regulations amend other legislation to allow for disclosure for the purposes of all Chapters of Part 4 of the Act, further to amendments made by Schedule 30 (minor and consequential amendments) of the Act which allow disclosure for the purpose of Chapter 1 of Part 4 as well as Part 3 and Chapter 2 of Part 5. So far as they relate to Chapters 2, 3 or 4 of Part 4 of the Act, the amendments come into force when those Chapters come into force.
Pursuant to section 252(3)(a) of the Act, Part 4A of the CPUTRs continues to govern consumers’ rights of redress for unfair trading until regulations under section 233 (“section 233 regulations”) come into force. As it is not proposed to make section 233 regulations before Chapter 1 of Part 4 of the Act commences for other purposes, paragraph 32 of the Schedule amends Part 4A of the CPUTRs to allow it to function after that commencement. When the section 233 regulations come into force, paragraphs 2, 5 and 22 of the Schedule will replace references to Part 4A of the CPUTRs in other legislation.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An impact assessment was produced for the Act and is available from the Department for Business and Trade at Old Admiralty Building, Admiralty Place, London SW1A 2DY.