Digital Markets, Competition and Consumers Act 2024
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Change 1
Schedule 12 Civil penalties: amendments relating to sectoral regulators
Section 143(3) The Civil Aviation Authority (CAA) 1 In the Civil Aviation Act 2012, Chapter 2 of Part 1 (regulation of operators of dominant airports: competition) is amended as follows. 2 (1) Section 60 (functions of the CAA under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in paragraph (a), after “166” insert “, 167C”. 3 In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C, 171 or 174E”. 4 (1) Section 62 (functions of the CAA under CA 1998) is amended as follows. (2) In subsection (2), in the words after paragraph (b), after “31D(1) to (6)” insert “, 35C”. (3) In subsection (4), after “31D(1) to (6)” insert “, 35C”. 5 In section 63 (functions of the CAA under CA 1998: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”. 6 (1) Section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (4) In subsection (4)— (a) in paragraph (a), after “166” insert “, 167C”; (b) in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. The Financial Conduct Authority (FCA) 7 The Financial Services and Markets Act 2000 is amended as follows. 8 (1) Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the entry for section 166 of EA 2002 insert— section 167C (statement of policy in relation to functions under sections 167 and 167A); ; (b) after the entry for section 171 of EA 2002 insert— section 174E (statement of policy on penalties). (3) In subsection (5), in paragraph (a) for “or 171” substitute “, 167C, 171 or 174E”. 9 (1) Section 234J (functions of the FCA under CA 1998) is amended as follows. (2) In subsection (3) after the entry for section 31D(1) to (6) of CA 1998 insert— section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A); . (3) In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. The Northern Ireland Authority for Utility Regulation 10 (1) Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (3), in the words before sub-paragraph (a)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (4) In paragraph (4), in sub-paragraph (a), after “166” insert “, 167C”. (5) In paragraph (5)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (6) In paragraph (9), in sub-paragraph (b)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (7) Omit paragraph (10). 11 (1) Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”. (4) In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In paragraph (3A), after “31D(1) to (6)” insert “, 35C”. (6) In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit paragraph (7). 12 (1) Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”. (4) In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In paragraph (3A), after “31D(1) to (6)” insert “, 35C”. (6) In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit paragraph (6A). The Office of Communications (OFCOM) 13 The Communications Act 2003 is amended as follows. 14 (1) Section 370 (functions of OFCOM under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in paragraph (a), after “166” insert “, 167C”. (4) Omit subsection (10). 15 (1) Section 371 (functions of OFCOM under CA 1998) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (3) In subsection (3), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. 16 (1) Section 392 (penalties imposed by OFCOM) is amended as follows. (2) In subsection (1), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”. (3) In subsection (6), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”. The Office of Gas and Electricity Markets (Ofgem) 17 (1) Section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (6), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (6A). 18 (1) Section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (8). The Office of Rail and Road (ORR) 19 (1) Section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (9). The Payment Systems Regulator 20 The Financial Services (Banking Reform) Act 2013 is amended as follows. 21 (1) Section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the entry for section 166 of EA 2002 insert— section 167C (statement of policy in relation to functions under sections 167 and 167A); ; (b) after the entry for section 171 of EA 2002 insert— section 174E (statement of policy on penalties). (3) In subsection (5), in paragraph (a), for “or 171” substitute “, 167C, 171 or 174E”. 22 (1) Section 61 (functions of the Payment Systems Regulator under CA 1998) is amended as follows. (2) In subsection (3), after the entry for section 31D(1) to (6) of CA 1998 insert— section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A); . (3) In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. The Water Services Regulation Authority (Ofwat) 23 (1) Section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (4) In subsection (4), in paragraph (a), after “166” insert “, 167C”. (5) In subsection (4A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (8A).
Schedule 12 Civil penalties: amendments relating to sectoral regulators
Section 143(3) The Civil Aviation Authority (CAA) 1 In the Civil Aviation Act 2012, Chapter 2 of Part 1 (regulation of operators of dominant airports: competition) is amended as follows. 2 (1) Section 60 (functions of the CAA under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in paragraph (a), after “166” insert “, 167C”. 3 In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C, 171 or 174E”. 4 (1) Section 62 (functions of the CAA under CA 1998) is amended as follows. (2) In subsection (2), in the words after paragraph (b), after “31D(1) to (6)” insert “, 35C”. (3) In subsection (4), after “31D(1) to (6)” insert “, 35C”. 5 In section 63 (functions of the CAA under CA 1998: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”. 6 (1) Section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (4) In subsection (4)— (a) in paragraph (a), after “166” insert “, 167C”; (b) in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. The Financial Conduct Authority (FCA) 7 The Financial Services and Markets Act 2000 is amended as follows. 8 (1) Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the entry for section 166 of EA 2002 insert— section 167C (statement of policy in relation to functions under sections 167 and 167A); ; (b) after the entry for section 171 of EA 2002 insert— section 174E (statement of policy on penalties). (3) In subsection (5), in paragraph (a) for “or 171” substitute “, 167C, 171 or 174E”. 9 (1) Section 234J (functions of the FCA under CA 1998) is amended as follows. (2) In subsection (3) after the entry for section 31D(1) to (6) of CA 1998 insert— section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A); . (3) In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. The Northern Ireland Authority for Utility Regulation 10 (1) Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (3), in the words before sub-paragraph (a)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (4) In paragraph (4), in sub-paragraph (a), after “166” insert “, 167C”. (5) In paragraph (5)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (6) In paragraph (9), in sub-paragraph (b)— (a) after “31D(1) to (6)” insert “, 35C”; (b) after “38(1) to (6)” insert “, 40B(1) to (4)”. (7) Omit paragraph (10). 11 (1) Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”. (4) In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In paragraph (3A), after “31D(1) to (6)” insert “, 35C”. (6) In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit paragraph (7). 12 (1) Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition) is amended as follows. (2) In paragraph (2A), in the words before sub-paragraph (a), after “166” insert “, 167C”. (3) In paragraph (2B), in sub-paragraph (a), after “166” insert “, 167C”. (4) In paragraph (3), in the words before sub-paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In paragraph (3A), after “31D(1) to (6)” insert “, 35C”. (6) In paragraph (6), in sub-paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit paragraph (6A). The Office of Communications (OFCOM) 13 The Communications Act 2003 is amended as follows. 14 (1) Section 370 (functions of OFCOM under Part 4 of EA 2002) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in paragraph (a), after “166” insert “, 167C”. (4) Omit subsection (10). 15 (1) Section 371 (functions of OFCOM under CA 1998) is amended as follows. (2) In subsection (2), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (3) In subsection (3), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. 16 (1) Section 392 (penalties imposed by OFCOM) is amended as follows. (2) In subsection (1), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”. (3) In subsection (6), after “the Competition Act 1998 (c. 41)” insert “and Part 4 of the Enterprise Act 2002”. The Office of Gas and Electricity Markets (Ofgem) 17 (1) Section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (6), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (6A). 18 (1) Section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (8). The Office of Rail and Road (ORR) 19 (1) Section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (2B), in paragraph (a), after “166” insert “, 167C”. (4) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (9). The Payment Systems Regulator 20 The Financial Services (Banking Reform) Act 2013 is amended as follows. 21 (1) Section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002) is amended as follows. (2) In the list in subsection (3)— (a) after the entry for section 166 of EA 2002 insert— section 167C (statement of policy in relation to functions under sections 167 and 167A); ; (b) after the entry for section 171 of EA 2002 insert— section 174E (statement of policy on penalties). (3) In subsection (5), in paragraph (a), for “or 171” substitute “, 167C, 171 or 174E”. 22 (1) Section 61 (functions of the Payment Systems Regulator under CA 1998) is amended as follows. (2) In subsection (3), after the entry for section 31D(1) to (6) of CA 1998 insert— section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A); . (3) In subsection (5), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. The Water Services Regulation Authority (Ofwat) 23 (1) Section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) is amended as follows. (2) In subsection (2A), in the words before paragraph (a), after “166” insert “, 167C”. (3) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”. (4) In subsection (4), in paragraph (a), after “166” insert “, 167C”. (5) In subsection (4A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (8A).
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