OpenLegislation

Paragraph 13 I1I2I3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that kind of enforcer.

(2)

The Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)

to enable the Authority to exercise or to consider whether to exercise any function it has under F1Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(b)

to enable a private designated enforcer to consider whether to exercise any function it has under F2Chapter 3 of that Part;

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

to ascertain whether a person has complied with or is complying with F4an enforcement order, an interim enforcement order, an online interface order or an interim online interface order;

(e)

to ascertain whether a person has complied with or is complying with an undertaking given under F5Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

F6(f)

to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.

(3)

A public designated enforcer, a local weights and measures authority in Great F7Britain or the Department of Enterprise, Trade and Investment in Northern Ireland F8... may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)

to enable that enforcer to exercise or to consider whether to exercise any function it has under F9Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(b)

to ascertain whether a person has complied with or is complying with an enforcement order F10, an interim enforcement order, an online interface order or an interim online interface order made on the application of that enforcer;

(c)

to ascertain whether a person has complied with or is complying with an undertaking given under F11section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024 following such an application;

(d)

to ascertain whether a person has complied with or is complying with an undertaking given to that enforcer under F12section 163 of that Act.

(4)

A domestic enforcer may exercise the powers in this Part of this Schedule for the purpose of ascertaining whether there has been a breach of the enforcer's legislation.

C1(5)

But a domestic enforcer may not exercise the power in paragraph 14 (power to require the production of information) for the purpose in sub-paragraph (4) unless an officer of the enforcer reasonably suspects a breach of the enforcer's legislation.

(6)

Sub-paragraph (5) does not apply if the enforcer is a market surveillance authority within the meaning of F13Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the power is exercised for the purpose of market surveillance within the meaning of F14Article 2(17) of that Regulation Article 3(3) of that Regulation.

(7)

An unfair contract terms enforcer may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)

to enable the enforcer to exercise or to consider whether to exercise any function it has under Schedule 3 (enforcement of the law on unfair contract terms and notices);

(b)

to ascertain whether a person has complied with or is complying with an injunction or interdict (within the meaning of that Schedule) granted under paragraph 5 of that Schedule or an undertaking given under paragraph 6 of that Schedule.

(8)

But an unfair contract terms enforcer may not exercise the power in paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an officer of the enforcer reasonably suspects that a person is using, or proposing or recommending the use of, a contractual term or notice within paragraph 3 of Schedule 3.

(9)

A local weights and measures authority in Great Britain F15, the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)

to enable it to determine whether to make an order under section 3 or 4 of the Estate Agents Act 1979;

(b)

to enable it to exercise any of its functions under section 5, 6, 8, 13 or 17 of that Act.

(10)

In this paragraph—

  • F16...

  • “private designated enforcer” means a person or body F17which 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 151(2) of that Act).

Annotations

Textual amendments

F1

Words in Sch. 5 para. 13(2)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(a)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F2

Words in Sch. 5 para. 13(2)(b) inserted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(a)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F3

Sch. 5 para. 13(2)(c) omitted (31.12.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(6)(a) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Sch. 5 para. 13(2)(d) substituted (2.6.2020) by The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 3(4) (with reg. 8)

F5

Words in Sch. 5 para. 13(2)(e) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(a)(iii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F6

Sch. 5 para. 13(2)(f) inserted (6.4.2025) by The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2), Sch. para. 21(4)(a)

F7

Words in Sch. 5 para. 13(3) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(b)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F8

Words in Sch. 5 para. 13(3) omitted (6.4.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(b)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F9

Words in Sch. 5 para. 13(3)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(b)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F10

Words in Sch. 5 para. 13(3)(b) substituted (6.4.2025) by The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2), Sch. para. 21(4)(b)

F11

Words in Sch. 5 para. 13(3)(c) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(b)(iii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F12

Words in Sch. 5 para. 13(3)(d) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(b)(iv) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F13

Words in Sch. 5 para. 13(6) substituted (N.I.) (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 2021/858), regs. 1(1), 9(3)(a) (with reg. 3)

F14

Words in Sch. 5 para. 13(6) substituted (N.I.) (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 2021/858), regs. 1(1), 9(3)(b) (with reg. 3)

F15

Words in Sch. 5 para. 13(9) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 132(4), 216(3); S.I. 2016/733, reg. 4(1)(a)

F16

Words in Sch. 5 para. 13(10) omitted (31.12.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(6)(c) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F17

Words in Sch. 5 para. 13(10) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(6)(c) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Modifications

C1

Sch. 5 para. 13(5) excluded (29.4.2024) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 26(4), 79(2); S.I. 2023/469, reg. 3

Commencement

I1

Sch. 5 para. 13 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I2

Sch. 5 para. 13 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I3

Sch. 5 para. 13 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notes on Schedule 5

Modifications

C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Part 3

Modifications

C1

Sch. 5 Pt. 3: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)