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The Digital Markets, Competition and Consumers Act 2024 (Subscription Contracts) (Consequential Amendments) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348287929

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under sections 336(3) and 337(3) of the Digital Markets, Competition and Consumers Act 2024 (c. 13), for approval by resolution of each House of Parliament.

CONSUMER PROTECTION

Made

Coming into force 1st January 2027

The Secretary of State makes these Regulations in exercise of the powers conferred by section 336(1) and (2) of the Digital Markets, Competition and Consumers Act 2024f1.

In accordance with sections 336(3) and 337(3) of that Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2024 c. 13.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential amendments
  3. Signature
  4. Schedule: Amendments of legislation
  5. Part 1: Amendments to Acts of Parliament
  6. 1Unsolicited Goods and Services Act 1971
  7. 2Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010
  8. Part 2: Amendments to other legislation
  9. 3Financial Services (Distance Marketing) Regulations 2004
  10. 4Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  11. 5Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  12. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Digital Markets, Competition and Consumers Act 2024 (Subscription Contracts) (Consequential Amendments) Regulations 2026.

(2)

These Regulations come into force on 1st January 2027.

(3)

An amendment made by the Schedule to these Regulations has the same extent as the provision amended.

2Consequential amendments

The legislation referred to in the Schedule is amended as set out in that Schedule.

Signature

Name

Title

Date

Department for Business, Innovation, Science and Trade

1Unsolicited Goods and Services Act 1971

In section 6 of the Unsolicited Goods and Services Act 1971f1 (interpretation), in subsection (3), after “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” insert “or Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

2Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010

In section 1 of the Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010f1 (control of charges for directory entries), in subsection (2), after “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” insert “or Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

3Financial Services (Distance Marketing) Regulations 2004

In regulation 11 of the Financial Services (Distance Marketing) Regulations 2004f1 (exceptions to the right to cancel), in paragraph (1), after sub-paragraph (e) insert—

“(ea)

a credit agreement cancelled under regulation 22(2) of the Consumer Subscription Contracts (Cancellation and Information) Regulations 2026 (cancellation during the initial cooling-off period: effect on ancillary contracts);”.

4Legislative and Regulatory Reform (Regulatory Functions) Order 2007

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007f1 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply), in each of Part 3 and Part 6, in the entry “Part 3 and Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”, in each place where it occurs, for “Chapter 1” substitute “Chapters 1 and 2”.

5Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008)f1, in the entry “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading)”—

(a)

for “Chapter 1” substitute “Chapters 1 and 2”;

(b)

for “(protection from unfair trading)” substitute “(protection from unfair trading and subscription contracts)”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to primary and secondary legislation in consequence of the coming into force of Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (c. 13) (“the Act”) and the Consumer Subscription Contracts (Cancellation and Information) Regulations 2026 (S.I. 2026/XXXX).

Chapter 2 of Part 4 of the Act gives consumers protections in relation to subscription contracts, including rights to cancel and related requirements on traders.

Part 1 of the Schedule amends section 6(3) of the Unsolicited Goods and Services Act 1971 and section 1(2) of the Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010 so that those provisions also refer to Chapter 2 of Part 4 of the Act. This ensures that sections 3 and 3B of the 1971 Act and the rules in section 1 of the 2010 Act on liability to pay for directory entries, do not affect any consumer rights under Chapter 2 of Part 4 of the Act.

Part 2 of the Schedule amends regulation 11(1) of the Financial Services (Distance Marketing) Regulations 2004 so that where a consumer cancels a subscription contract by exercising the right to cancel under section 264(1) of the Act during the initial cooling-off period, a related credit agreement that is terminated as a consequence of the cancellation is treated in the same way as a related credit agreement terminated under regulation 38(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Part 2 also amends the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 so that when regulators and local authorities exercise regulatory functions under Chapter 2 of Part 4 of the Act, they must have regard to the statutory principles in section 21 of the Legislative and Regulatory Reform Act 2006 and to the code of practice issued under section 22 of the same Act.

In addition, Part 2 amends the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 so that local authority functions under Chapter 2 of Part 4 of the Act in Scotland and Northern Ireland fall within the primary authority scheme under Part 2 of the Regulatory Enforcement and Sanctions Act 2008, in the same way as the functions under Chapter 1 of Part 4 of the Act.

An impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.