On 18 December 2024, there was published on legislation.gov.uk a draft of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025.
The draft 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 (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.
The draft 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 (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.
- Update various pieces of legislation which restrict the disclosure of information.
- 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 or the purposes of Parts 3 and 4 and Chapter 2 of Part 5 of the Act.
- 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.