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The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025

S.I. 2025/381 · Made 20 March 2025

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.

CONSUMER PROTECTION

Made 20th March 2025

Coming into force 6th April 2025

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

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.

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. 1Agricultural Marketing Act 1958
  7. 2Misrepresentation Act 1967
  8. 3Greater London Council (General Powers) Act 1972
  9. 4Hallmarking Act 1973
  10. 5Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
  11. 6Telecommunications Act 1984
  12. 7Companies Act 1985
  13. 8Airports Act 1986
  14. 9Water Act 1989
  15. 10Water Industry Act 1991
  16. 11Water Resources Act 1991
  17. 12Railways Act 1993
  18. 13Coal Industry Act 1994
  19. 14Greater London Authority Act 1999
  20. 15Utilities Act 2000
  21. 16Transport Act 2000
  22. 17Communications Act 2003
  23. 18Wireless Telegraphy Act 2006
  24. 19Companies Act 2006
  25. 20Civil Aviation Act 2012
  26. 21Consumer Rights Act 2015
  27. Part 2: Amendments to other legislation
  28. 22Misrepresentation Act (Northern Ireland) 1967
  29. 23Estate Agents (Specified Offences) (No. 2) Order 1991
  30. 24Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  31. 25Energy (Northern Ireland) Order 2003
  32. 26Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  33. 27Duty Stamps Regulations 2006
  34. 28Water and Sewerage Services (Northern Ireland) Order 2006
  35. 29Licensing (Relevant Offences) (Scotland) Regulations 2007
  36. 30Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  37. 31Business Protection from Misleading Marketing Regulations 2008
  38. 32Consumer Protection from Unfair Trading Regulations 2008
  39. 33Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  40. 34Postal Services Act 2011 (Disclosure of Information) Order 2012
  41. 35Consumer Rights (Payment Surcharges) Regulations 2012
  42. 36Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
  43. 37Payment Card Interchange Fee Regulations 2015
  44. 38Payment Services Regulations 2017
  45. Explanatory note

1Citation, commencement and extent

(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.

2Consequential amendments

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

Signature

Justin Madders

Parliamentary Under-Secretary of State

Department for Business and Trade

20th March 2025

1Agricultural Marketing Act 1958

In section 47 of the Agricultural Marketing Act 1958f1 (restrictions on disclosing certain information obtained under Act), in subsection (2)(aa)—

(a)

in sub-paragraph (iii), at the end omit “or”;

(b)

in sub-paragraph (iv), at the end insert “; or”;

(c)

after sub-paragraph (iv) insert—

“(v)

Part 3 and Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”.

2Misrepresentation Act 1967

In section 2 of the Misrepresentation Act 1967f1 (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”.

3Greater London Council (General Powers) Act 1972

In section 17 of the Greater London Council (General Powers) Act 1972f1 (duty to give information in certain cases), in subsection (5), for paragraph (e) substitute—

“(e)

Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.”.

4Hallmarking Act 1973

In Schedule 1 to the Hallmarking Act 1973f1 (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”.

5Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985f1 (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”.

6Telecommunications Act 1984

In section 101 of the Telecommunications Act 1984f1 (general restrictions on disclosure of information), in subsection (3), in paragraph (x)(ii) omit “Chapter 1 of”.

7Companies Act 1985

In paragraph 17 of Schedule 15D to the Companies Act 1985f1 (disclosures), in sub-paragraph (n)(ii) omit “Chapter 1 of”.

8Airports Act 1986

In section 74 of the Airports Act 1986f1 (restriction on disclosure of information), in subsection (3), in paragraph (z)(ii) omit “Chapter 1 of”.

9Water Act 1989

In section 174 of the Water Act 1989f1 (general restrictions on disclosure of information), in subsection (3), in paragraph (p)(ii) omit “Chapter 1 of”.

10Water Industry Act 1991

In Part 2 of Schedule 15 to the Water Industry Act 1991f1 (enactments etc. in respect of which disclosure may be made), in paragraph (b) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

11Water Resources Act 1991

In Part 2 of Schedule 24 to the Water Resources Act 1991f1 (enactments etc. in respect of which disclosure may be made)—

(a)

omit the entry for subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal marketf2;

(b)

at the end insert—

“The following provisions of the Digital Markets, Competition and Consumers Act 2024—

(a)

Part 3;

(b)

Part 4;

(c)

Chapter 2 of Part 5.”.

12Railways Act 1993

In section 145 of the Railways Act 1993f1 (general restrictions on disclosure of information), in subsection (3), in paragraph (w)(ii) omit “Chapter 1 of”.

13Coal Industry Act 1994

In section 59 of the Coal Industry Act 1994f1 (information to be kept confidential), in subsection (4), in paragraph (u)(ii) omit “Chapter 1 of”.

14Greater London Authority Act 1999

In section 235 of the Greater London Authority Act 1999f1 (restrictions on disclosure of information), in subsection (3), in paragraph (w)(ii) omit “Chapter 1 of”.

15Utilities Act 2000

In section 105 of the Utilities Act 2000f1 (general restrictions on disclosure of information), in subsection (6), in paragraph (z2)(ii) omit “Chapter 1 of”.

16Transport Act 2000

In Schedule 9 to the Transport Act 2000f1 (air traffic: information), in paragraph 3(3), in paragraph (ri)(ii) omit “Chapter 1 of”.

17Communications Act 2003

In section 393 of the Communications Act 2003f1 (general restrictions on disclosure of information), in subsection (5), in paragraph (t)(iii) omit “Chapter 1 of”.

18Wireless Telegraphy Act 2006

In section 111 of the Wireless Telegraphy Act 2006f1 (general restrictions), in subsection (6), in paragraph (q)(iii) omit “Chapter 1 of”.

19Companies Act 2006

In Part 2 of Schedule 2 to the Companies Act 2006f1 (specified descriptions of disclosures), in section (A) (United Kingdom), in paragraph 25, in paragraph (m)(ii) omit “Chapter 1 of”.

20Civil Aviation Act 2012

In Schedule 6 to the Civil Aviation Act 2012f1 (restrictions on disclosing information), in the list of relevant statutory provisions in paragraph 4(3), in paragraph (b) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

21Consumer Rights Act 2015

(1)

Schedule 5 to the Consumer Rights Act 2015f1 is amended as follows.

(2)

In paragraph 8f2, at the appropriate place insert—

  • ““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 10f3, in the entry “section 93(1) or (2) of this Act”, for “or (2)” substitute “, (2) or (2A)”.

(4)

In paragraph 13f4—

(a)

after sub-paragraph (2)(e) insert—

“(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)

In paragraph 20f5—

(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)

after sub-paragraph (3)(d) insert—

“(e)

a failure to comply with a relevant notice or a final enforcement notice.”.

22Misrepresentation Act (Northern Ireland) 1967

In section 2 of the Misrepresentation Act (Northern Ireland) 1967f1 (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”.

23Estate Agents (Specified Offences) (No. 2) Order 1991

In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 1991 f1 (specified offences), for the entry for the Consumer Protection from Unfair Trading Regulations 2008 substitute—

“Digital Markets, Competition and Consumers Act 2024Section 237(1), (2), (3), (4), (6) and (7)Offences relating to unfair commercial practices”.

24Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

In article 89V of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001f1 (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”.

25Energy (Northern Ireland) Order 2003

In Article 63 of the Energy (Northern Ireland) Order 2003f1 (general restrictions on disclosure of information), in paragraph (6), in sub-paragraph (y)(ii) omit “Chapter 1 of”.

26Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

In article 73J of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005f1 (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”.

27Duty Stamps Regulations 2006

In regulation 10 of the Duty Stamps Regulations 2006f1 (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”.

28Water and Sewerage Services (Northern Ireland) Order 2006

In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006f1 (restriction on disclosure of information), in paragraph (5), in sub-paragraph (u)(ii) omit “Chapter 1 of”.

29Licensing (Relevant Offences) (Scotland) Regulations 2007

In Part 2 of the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007f1 (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”.

30Legislative and Regulatory Reform (Regulatory Functions) Order 2007

(1)

The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007f1 is amended as follows.

(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”.

31Business Protection from Misleading Marketing Regulations 2008

In regulation 4 of the Business Protection from Misleading Marketing Regulations 2008f1 (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”.

32Consumer Protection from Unfair Trading Regulations 2008

(1)

Regulation 27B of the Consumer Protection from Unfair Trading Regulations 2008f1 (what does “prohibited practice” mean in this Part?) is amended as follows.

(2)

For paragraph (1) substitute—

“(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”.

33Co-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 2009f1 , 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)”.

34Postal Services Act 2011 (Disclosure of Information) Order 2012

In Article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012f1, in the list of prescribed enactments, in paragraph (c) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

35Consumer Rights (Payment Surcharges) Regulations 2012

In regulation 7 of the Consumer Rights (Payment Surcharges) Regulations 2012f1 (complaints), in paragraph (4) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”.

36Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

In Regulation 14A of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015f1 (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”.

37Payment Card Interchange Fee Regulations 2015

(1)

The Payment Card Interchange Fee Regulations 2015f1 are amended as follows.

(2)

In regulation 14 (information and investigation)f2, for the quoted entry following paragraph (2)(b) substitute—

““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)

For regulation 20f3 (co-operation between the Payment Systems Regulator and general enforcers) substitute—

“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.”.

38Payment Services Regulations 2017

In regulation 135 of the Payment Services Regulation 2017f1 (information and investigation), for the quoted entry following paragraph (2)(b) substitute—

“

“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.”.

”.

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 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.