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.