ScheduleAmendments of legislation

Part 2Amendments to other legislation

Misrepresentation Act (Northern Ireland) 1967

schedule paragraph 22 + 22.  In section 2 of the Misrepresentation Act (Northern Ireland) 1967(1) (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”.

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

schedule paragraph 23 + 23.  In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 1991 (2) (specified offences), for the entry for the Consumer Protection from Unfair Trading Regulations 2008 substitute—

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

schedule paragraph 24 + 24.  In article 89V of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(3) (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”.

Energy (Northern Ireland) Order 2003

schedule paragraph 25 + 25.  In Article 63 of the Energy (Northern Ireland) Order 2003(4) (general restrictions on disclosure of information), in paragraph (6), in sub-paragraph (y)(ii) omit “Chapter 1 of”.

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

schedule paragraph 26 + 26.  In article 73J of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005(5) (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”.

Duty Stamps Regulations 2006

schedule paragraph 27 + 27.  In regulation 10 of the Duty Stamps Regulations 2006(6) (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”.

Water and Sewerage Services (Northern Ireland) Order 2006

schedule paragraph 28 + 28.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006(7) (restriction on disclosure of information), in paragraph (5), in sub-paragraph (u)(ii) omit “Chapter 1 of”.

Licensing (Relevant Offences) (Scotland) Regulations 2007

schedule paragraph 29 + 29.  In Part 2 of the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007(8) (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”.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

schedule paragraph 30 + 30.—(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(9) is amended as follows.

(2) In Part 3, in the section relating to consumer and business protection—

schedule paragraph 30 2 a + (a)omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;

schedule paragraph 30 2 b + (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—

schedule paragraph 30 3 a + (a)omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;

schedule paragraph 30 3 b + (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”.

Business Protection from Misleading Marketing Regulations 2008

schedule paragraph 31 + 31.  In regulation 4 of the Business Protection from Misleading Marketing Regulations 2008(10) (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”.

Consumer Protection from Unfair Trading Regulations 2008

schedule paragraph 32 + 32.—(1) Regulation 27B of the Consumer Protection from Unfair Trading Regulations 2008(11) (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”.

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

schedule paragraph 33 + 33.  In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009(12) , 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)”.

Postal Services Act 2011 (Disclosure of Information) Order 2012

schedule paragraph 34 + 34.  In Article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012(13), 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”.

Consumer Rights (Payment Surcharges) Regulations 2012

schedule paragraph 35 + 35.  In regulation 7 of the Consumer Rights (Payment Surcharges) Regulations 2012(14) (complaints), in paragraph (4) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”.

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

schedule paragraph 36 + 36.  In Regulation 14A of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015(15) (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”.

Payment Card Interchange Fee Regulations 2015

schedule paragraph 37 + 37.—(1) The Payment Card Interchange Fee Regulations 2015(16) are amended as follows.

(2) In regulation 14 (information and investigation)(17), for the quoted entry following paragraph (2)(b) substitute—

(3) For regulation 20(18) (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.”.

Payment Services Regulations 2017

schedule paragraph 38 + 38.  In regulation 135 of the Payment Services Regulation 2017(19) (information and investigation), for the quoted entry following paragraph (2)(b) substitute—