Digital Markets, Competition and Consumers Act 2024

Clause 287, page 193, line 1, leave out subsection (8)

Clause 286, page 192, line 4, after “the” insert “accredited”

Schedule 22, page 356, leave out from beginning of line 31 to end of line 11 on page 357 and insert— “List of exempt persons

Clause 284, page 191, leave out line 4

Clause 286, page 191, line 39, after “the” insert “accredited”

Schedule 22, page 357, line 18, leave out “Part 1” and insert “this Schedule”

Clause 287, page 192, line 34, leave out subsection (5) and insert— “(5) Subject to any limitation on its scope provided for by Schedule 22—

Clause 284, page 189, line 34, leave out “(the gas code)” and insert “, or by section 12(1) or (2) of the Energy Act (Northern Ireland) 2011 (2011 c. 6),”

Clause 287, page 192, line 37, after “section” insert “— “prohibited” means prohibited by section 285(1) or (2);”

Clause 289, page 195, line 4, leave out “condition on the existing” and insert “existing condition on the”

Clause 284, page 190, line 6, at end insert “or Part 2 of the Gas (Northern Ireland) Order 1996 (S.I.1996/275 (N.I.2))”

Schedule 22, page 357, line 28, at end insert— ““approved social housing ombudsman scheme” means a scheme which is approved for the purposed of Schedule 2 to the Housing Act 1996;

Clause 289, page 195, line 3, leave out “as extended”

Schedule 22, page 357, line 15, at end insert— “Part 1A

Clause 284, page 189, line 39, leave out “(the electricity code”) and insert “or by paragraph 3(1) or (2) of Schedule 6 to the Electricity (Northern Ireland) Order 1992 (S.I.1992/231 (N.I.1))”

Clause 287, page 192, line 19, leave out subsection (3) and insert— “(3) Regulations under subsection (2) may, in particular—

Clause 283, page 189, line 5, leave out subsection (9) and insert— “(9) For the meaning of “exempt ADR provider” and “exempt redress scheme” see section 287.”

Clause 284, page 190, line 8, at end insert— “(b) a person supplying water under a water services licence within the meaning of the Water Services etc. (Scotland) Act 2005 (asp 3), or

Clause 284, page 190, line 4, at end insert “or Part 2 of the Electricity (Northern Ireland) Order 1992”

Clause 287, page 192, line 11, leave out subsection (1) and insert— “(1) In this Chapter—

To move the following Clause— “Rights of redress

To move the following Clause— “Rights of consumers in relation to payment accounts

To move the following Clause— “Meaning of “payment account” and related terms

To move the following Clause— “Enforcement of rights of redress

Clause 141, page 89, line 13, at end insert— “(c) the collective interests of consumers include the United Kingdom reaching a level of net zero carbon emissions by 2030.”

To move the following Clause— “Protected disclosures

To move the following Clause— “Mergers of energy network enterprises

To move the following Clause— “Use of damages-based agreements in opt-out collective proceedings

To move the following Clause— “Duty to treat consumer interests as paramount

To move the following Clause— “Repeal of exclusions relating to the European Coal and Steel Community

To move the following Clause— “Review of Competition Appeal Tribunal

To move the following Clause— “Proceedings before the Tribunal: claim for damages

To move the following Clause— “Digital Markets Unit and CMA: annual statement to House of Commons

To move the following Clause— “Power to make a reference after previously deciding not to do so

To move the following Clause— “Collective submissions

To move the following Clause— “Appointment of senior director of the DMU

To move the following Clause— “Contract renewal: option to opt in

To move the following Clause— “Contract renewal: variable rate contracts

To move the following Clause— “Duty of the CMA: Citizens interest provisions

To move the following Clause— “Regulatory burdens arising from competition and consumer regulation

Clause 14, page 7, line 36, at end insert— “(5A) As soon as reasonably practicable after giving an SMS decision notice, the CMA must give a copy of the notice to those undertakings that have not been designated as having SMS that are most directly affected.”

Clause 2, page 2, line 25, after “Chapter” insert “, taking account of analysis undertaken by the CMA on similar issues that have been the subject of public consultation.”

Clause 15, page 9, line 3, at end insert— “(6) As soon as reasonably practicable after giving a revised SMS decision notice, the CMA must give a copy of the revised notice to those undertakings that have not been designated as having SMS that are most directly affected.”

Clause 11, page 6, line 36, at end insert “, and (c) give a copy of the statement to those undertakings that have not been designated as having SMS that are most directly affected.”

Clause 12, page 7, line 9, at end insert— “(5) As soon as reasonably practicable after giving a notice under subsection (2), the CMA must give a copy of the notice to those undertakings that have not been designated as having SMS that are most directly affected.”

Clause 6, page 4, line 3, leave out subsections (2) and (3)

Clause 5, page 3, line 24, after “account” insert “evidence of”

Clause 20, page 12, line 18, at end insert— “(f) communicate the terms of deals reached with third parties to the regulator, which may periodically anonymise and aggregate those terms and make them available to the public.”

Clause 5, page 3, line 24, after “developments” insert “currently available to the CMA”

Clause 5, page 3, line 25, after “would” insert “reasonably”

Clause 19, page 11, line 3, after “proportionate”, insert “(defined in accordance with prevailing public law standards)”

Clause 19, page 11, line 3, leave out “proportionate” and insert “appropriate”

Clause 15, page 8, line 12, at end insert— “(A1) Where the CMA decides as a result of an initial SMS investigation not to designate the undertaking to which the investigation relates as having SMS in respect of a digital activity to which the investigation relates, the SMS decision notice must include the CMA’s reasons for its decision.”

Clause 15, page 8, line 13, leave out “This section applies” and insert “Subsections (2) to (5) apply”

Clause 5, page 3, line 23, leave out from “out” to “that” in line 24 and insert “an assessment taking into account evidence of developments currently available to the CMA”

Before Clause 19, insert the following new Clause — “Duty to disclose relevant digital activity in advance of the digital activity’s implementation or effect

Clause 19, page 11, line 1, leave out subsections (5) to (8)

Clause 4, page 3, line 19, at end insert— “(d) the digital activity or the way in which the undertaking carries on the digital activity is likely to have a substantial impact on the creation, displacement, quality or conditions of work or work environments in the United Kingdom.”

Schedule 21, page 372, line 37, after “diminished,” insert “including (but not limited to) the user of a digital service having already consumed content prior to the consumer’s request to cancel the contract,”

Clause 255, page 168, line 39, leave out subsections (3) and (4)

After Clause 146, insert the following new Clause— “Foreign power acquisition of news media organisations

After Clause 141, insert the following new Clause— “Amendment of section 58 of the Enterprise Act 2002

Clause 160, page 105, line 4, at end insert— “(4A) Section 154 (CMA directions to other enforcers) applies where it appears to the CMA that another public designated enforcer intends to make an application for an online interface order, or an interim online interface order, as it applies in relation to intended applications for enforcement orders and interim enforcement orders, but for this purpose the reference to such other enforcer in subsection (2)(b) is to be taken as a reference only to such other public designated enforcer.”

Clause 158, page 102, line 32, after second “order” insert “, or a notice accompanying service of the order,”

Clause 161, page 105, line 26, leave out “CMA” and insert “public designated enforcer that applied for the order”

Clause 162, page 106, line 30, leave out “CMA” and insert “public designated enforcer making the application”

Clause 160, page 104, line 22, leave out “CMA” and insert “enforcer”

Clause 160, page 104, line 27, leave out “CMA” and insert “enforcer”

Clause 160, page 104, line 21, leave out “The CMA” and insert “A public designated enforcer”

Clause 158, page 103, line 7, at end insert— “(9) In the application of subsection (4) to Scotland, “service of the order” includes service of an extract order in execution of or diligence on the order.”

Clause 166, page 110, line 1, after “154” insert “and 160(4A)”

Clause 162, page 106, line 33, leave out “CMA” and insert “enforcer that applied for the order”

Clause 161, page 105, line 32, leave out “CMA” and insert “enforcer”

Clause 166, page 109, line 39, leave out “an enforcement order or an interim enforcement” and insert “a consumer protection”

Clause 162, page 106, line 21, leave out “CMA” and insert “public designated enforcer that applied for the order”

Clause 161, page 105, line 25, leave out “CMA” and insert “public designated enforcer that applied for the order”

Schedule 13, page 304, line 22, after “(6)” insert “, 111(4) or (6)”

After Clause 141, insert the following new Clause— “Review of whistleblowing provisions

Clause 148, page 94, line 33, at end insert— “(c) the collective interests of consumers includes avoiding any detriment that might be incurred by consumers as a result of advertising products and services which will have a significant impact on the United Kingdom's ability to reach a level of net zero carbon emissions by the year specified in section 1 of the Climate Change Act 2008.”

Clause 150, page 95, line 10, at end insert— “(c) in breach of provisions related to the similar packaging of consumer products, which would be considered to be unfair under the Consumer Protection from Unfair Trading Regulations 2008.”

Schedule 4, page 250, line 9, at end insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3A)</span><span class="sub-para-text">In subsection (5), after “deciding” insert “whether two or more enterprises have ceased to be distinct at a time or in circumstances falling within section 24,””</span></span>

After Clause 129, insert the following new Clause— “Mergers involving newspaper enterprises and foreign powers

Schedule 13, page 308, leave out line 35 and insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">For subsection (6A) substitute—”</span></span>

Clause 257, page 172, line 23, leave out paragraph (b) and insert— “(b) in such a way that the information referred to in subsection (1) is more prominent than any other information given to the consumer at the same time, and”

Schedule 12, page 306, line 24, after “68C” insert “, or a foreign state intervention notice has been given under section 70A(1),”

Schedule 13, page 308, line 36, after “111(7A)” insert “, or paragraph 15 of Schedule 6B,”

Schedule 13, page 308, line 36, after “section” insert “70G,”

After Schedule 6, insert the following new Schedule— <span class="schedule-heading">MERGERS INVOLVING NEWSPAPER ENTERPRISES AND FOREIGN POWERS</span>

Clause 338, page 239, line 22, at end insert— “(za) section (<i>Mergers involving newspaper enterprises and foreign powers</i>) (and Schedule (<i>Mergers involving newspaper enterprises and foreign powers</i>));”