Digital Markets, Competition and Consumers Act 2024 (c. 13) – Part 3 – Enforcement of consumer protection law

Parts

Part 3Enforcement of consumer protection law

Chapter 1 – Overview

Section 147Overview
(1) This Part confers enforcement powers, and makes provision about other remedies, in connection with infringements of consumer protection law. (2) Chapter 2 provides for the kinds of…

Chapter 2 – Relevant infringements

Section 148Relevant infringements
(1) A commercial practice is a relevant infringement for the purposes of Chapter 3 or 4 if it— (a) harms the collective interests of consumers, (b) meets the…
Section 149The UK connection condition
(1) A commercial practice meets the UK connection condition for the purposes of section 148 if at least one of the following conditions is met— (a) the trader…
Section 150The specified prohibition condition
(1) A commercial practice meets the specified prohibition condition for the purposes of section 148 as it applies for the purposes of Chapter 3 if the commercial practice…

Chapter 3 – Consumer protection orders and undertakings

Section 151Enforcers
(1) Each of the following is a public designated enforcer for the purposes of this Chapter— (a) the CMA; (b) every local weights and measures authority in Great…
Section 152Designation criteria
(1) These are the designation criteria in respect of a person (“P”) for the purposes of section 151(5) (b)— (a) P is constituted, managed and controlled in such…
Section 153Applications
(1) An enforcer may (subject to subsection (2) ) apply to the appropriate court for an enforcement order or an interim enforcement order if the enforcer considers that—…
Section 154CMA directions to other enforcers
(1) This section applies where it appears to the CMA that another enforcer intends to make an application for an enforcement order or an interim enforcement order. (2)…
Section 155Consultation
(1) Before making an application for an enforcement order or an interim enforcement order, an enforcer must (subject to subsection (5) ) engage in appropriate consultation with the…
Section 156Enforcement orders and undertakings
(1) This section applies if, on an application under section 153 for an enforcement order, the court finds that the person in respect of whom the application is…
Section 157Enforcement orders and undertakings: enhanced consumer measures
(1) An enforcement order or undertaking may include a requirement to take such enhanced consumer measures as the court considers just and reasonable. (2) For this purpose, the…
Section 158Enforcement orders: requirement to pay monetary penalty
(1) This section applies where the court makes an enforcement order against the respondent on an application made by a public designated enforcer. (2) The order may, subject…
Section 159Interim enforcement orders and undertakings
(1) This section applies if— (a) it is alleged in an application under section 153 for an interim enforcement order that a person (“the respondent”)— (i) has engaged,…
Section 160Applications
(1) A public designated enforcer may apply to the appropriate court for an online interface order, or an interim online interface order, if the enforcer considers that a…
Section 161Online interface orders
(1) The court may make an online interface order on an application under section 160 if the court finds that— (a) a person has engaged, is engaging or…
Section 162Interim online interface orders
(1) The court may make an interim online interface order against a person (“the respondent”) on an application under section 160 if— (a) it is alleged that there…
Section 163Acceptance of undertakings by enforcers
(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a person (“the respondent”)…
Section 164Undertakings under section 163: enhanced consumer measures
(1) An undertaking under section 163(2) may include a requirement to take such enhanced consumer measures as the enforcer accepting the undertaking considers just and reasonable. (2) For…
Section 165Undertakings under section 163: procedural requirements
(1) This section applies where an enforcer proposes to— (a) accept a material variation of an undertaking under section 163 , or (b) release the respondent from any…
Section 166Consumer protection orders or undertakings to court: further proceedings
(1) This section applies if the court— (a) makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the original application”),…
Section 167Undertakings to public designated enforcers: further proceedings
(1) This section applies where a public designated enforcer accepts an undertaking from a person (“the respondent”) under section 163 . (2) The enforcer may apply to the…
Section 168Monetary penalties under sections 166 and 167: amount
(1) This section applies in relation to a monetary penalty imposed on a person (“the respondent”) by an order made under section 166 or 167 . (2) The…
Section 169Notification requirements: applications
(1) This section applies to an enforcer that is not the CMA. (2) Before making an application for a consumer protection order the enforcer— (a) must by notice…
Section 170Notification requirements: undertakings
(1) This section applies to an enforcer that is not the CMA which accepts an undertaking under section 163 . (2) The enforcer must by notice inform the…
Section 171Notification requirements: proceedings
(1) This section applies where a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment listed in Part…
Section 172Notification requirements: convictions and judgments
(1) This section applies where— (a) a person is convicted of an offence by or before a court in the United Kingdom, or (b) a judgment is given…
Section 173Appropriate court
(1) This section applies for the purposes of determining the appropriate court in relation to an application for, or the making of, a consumer protection order against a…
Section 174Effect of orders in other parts of the United Kingdom
A consumer protection order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of…
Section 175Evidence
(1) Proceedings under this Chapter are civil proceedings for the purposes of— (a) section 11 of the Civil Evidence Act 1968 (convictions admissible as evidence in civil proceedings);…
Section 176Interconnected bodies corporate
(1) This section applies if— (a) a court makes a consumer protection order against a body corporate (“the respondent”), and (b) the interconnection condition applies in relation to…
Section 177Enhanced consumer measures: private designated enforcers
(1) This section applies where— (a) an enforcement order is made on the application of a private designated enforcer, (b) an undertaking is given under section 156 on…
Section 178Substantiation of claims
(1) This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a contravention of Chapter…
Section 179Crown application
(1) Subject to subsection (2) , this Chapter binds the Crown. (2) The Crown is not liable for any monetary penalty imposed by virtue of this Chapter.

Chapter 4 – Direct enforcement powers of CMA

Section 180Power of CMA to investigate suspected infringements
(1) This section applies where the CMA has reasonable grounds for suspecting that— (a) a person has engaged, is engaging or is likely to engage in a commercial…
Section 181Provisional infringement notice
(1) This section applies where— (a) the CMA has started an investigation under section 180 that is continuing, and (b) the condition in subsection (2) is met in…
Section 182Final infringement notice
(1) This section applies where— (a) the CMA has given to the respondent a provisional infringement notice under section 181 , (b) the time for the respondent to…
Section 183Final infringement notice: directions to take enhanced consumer measures
(1) Directions contained in a final infringement notice may include directions requiring the respondent to take such enhanced consumer measures as the CMA considers just and reasonable. (2)…
Section 184Online interface notices
(1) This section applies where the CMA is satisfied that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a…
Section 185Undertakings
(1) This section applies where the CMA— (a) has started an investigation under section 180 which is continuing, and (b) has not given a final infringement notice or…
Section 186Effect of undertakings under section 185
(1) This section applies where the CMA accepts an undertaking from a person under section 185 in connection with a matter that it was investigating under section 180…
Section 187Undertakings under section 185: procedural requirements
(1) This section applies where the CMA proposes to— (a) accept a material variation of an undertaking under section 185 , or (b) release a person from any…
Section 188Provisional breach of undertakings enforcement notice
(1) This section applies where— (a) the CMA has accepted an undertaking from a person (“the respondent”) under section 185 , and (b) the CMA has reasonable grounds…
Section 189Final breach of undertakings enforcement notice
(1) This section applies where— (a) the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 188 , (b) the time for…
Section 190Monetary penalties under section 189: amount
(1) This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of undertakings enforcement notice. (2) The…
Section 191Provisional breach of directions enforcement notice
(1) This section applies where— (a) an enforcement direction has been given to a person (“the respondent”), and (b) the CMA has reasonable grounds to believe that the…
Section 192Final breach of directions enforcement notice
(1) This section applies where— (a) the CMA has given to the respondent a provisional breach of directions enforcement notice under section 191 in respect of a suspected…
Section 193Monetary penalties under section 192: amount
(1) This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of directions enforcement notice. (2) The…
Section 194Powers of court to enforce directions
(1) This section applies where the CMA considers that a person (“the respondent”) has failed to comply with— (a) an enforcement direction, or (b) a direction given in…
Section 195Substantiation of claims
(1) This section applies where— (a) the CMA gives a provisional notice under this Chapter to a person (“the respondent”) in respect of a relevant infringement involving a…
Section 196Variation or revocation of directions
(1) This section applies where the CMA proposes to— (a) make a material variation of an enforcement direction given to a person (“the respondent”), or (b) revoke any…
Section 197Provisional false information enforcement notice
(1) This section applies if— (a) the CMA has reasonable grounds to believe that a person (“the respondent”) has, without reasonable excuse, provided information to the CMA that…
Section 198Final false information enforcement notice
(1) This section applies where— (a) the CMA has given to the respondent a provisional false information enforcement notice under section 197 in connection with the provision of…
Section 199Statement of policy in relation to monetary penalties
(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a monetary penalty under this Chapter. (2) The…
Section 200Interconnected bodies corporate
(1) This section applies where— (a) the CMA gives to a body corporate (“the respondent”) a final notice, and (b) the interconnection condition applies in relation to the…
Section 201Record-keeping and reporting requirements
(1) The CMA must keep a record of— (a) undertakings it has accepted and enforcement directions it has given, and (b) reviews it has carried out in relation…
Section 202Appeals
(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against— (a) a decision to impose a monetary penalty by virtue…

Chapter 5 – Monetary penalties: general provisions

Section 203Information to accompany orders or notices imposing monetary penalties
(1) An order or notice under Chapter 3 or 4 under which a person (“the respondent”) is required to pay a monetary penalty must state the following information…
Section 204Determination of turnover
(1) In this Part references to “turnover” of a person include— (a) turnover both in and outside the United Kingdom; (b) where the person controls another person, the…
Section 205Power to amend amounts
(1) The Secretary of State may by regulations amend any of the following provisions for the purpose of substituting a different monetary amount for an amount of fixed…
Section 206Recovery of monetary penalties
(1) This section applies where a monetary penalty imposed under Chapter 4 , or any part of such a penalty, has not been paid by the date on…
Section 207Monetary penalties: further provision
(1) If the whole or any portion of a monetary penalty imposed is not paid by the date by which it is required to be paid, the unpaid…

Chapter 6 – Investigatory powers

Section 208Investigatory powers of enforcers
(1) Schedule 17 contains amendments to Schedule 5 to CRA 2015 (investigatory powers), including amendments about— (a) the giving of monetary penalties in connection with a failure to…

Chapter 7 – Miscellaneous

Section 209Powers to amend Schedule 15 and Schedule 16
(1) The Secretary of State may by regulations amend— (a) the first column of the Table in Part 1 of Schedule 15 so as to add, remove or…
Section 210Rules
(1) The CMA may make rules about procedural and other matters in connection with the carrying out of its direct enforcement functions. (2) Rules may provide for any…
Section 211Procedural requirements for making of rules
(1) In preparing rules the CMA must consult such persons as the CMA considers appropriate. (2) The CMA may not bring a rule into operation until the rule…
Section 212Guidance
(1) The CMA must prepare and publish guidance about its general approach to the carrying out of its direct enforcement functions. (2) Guidance under subsection (1) must provide…
Section 213Defamation
For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in exercise of its functions under this Part.
Section 214Minor and consequential amendments relating to this Part
Schedule 18 contains minor and consequential amendments relating to this Part.
Section 215Transitional and saving provision relating to this Part
Schedule 19 contains transitional and saving provision relating to this Part.
Section 216Enforcement of requirements relating to secondary ticketing
(1) CRA 2015 is amended as set out in subsections (2) to (4) . (2) In section 93 (enforcement of secondary ticketing provisions in Chapter 5 of Part…

Chapter 8 – Interpretation of Part

Section 217Supply of goods or digital content
(1) This section provides for how references to the supply of goods or digital content are to be read for the purposes of this Part. (2) References to…
Section 218Supply of services
(1) This section provides for how references to the supply of services are to be read for the purposes of this Part. (2) References to a person who…
Section 219Accessories
(1) This section applies for the purposes of this Part. (2) A person (“A”) is an accessory to a commercial practice of another person (“B”) if— (a) B…
Section 220Special relationships
(1) This section applies for the purposes of this Part. (2) A person has a special relationship with a body corporate if the person is— (a) a controller…
Section 221Enhanced consumer measures
(1) References in this Part to “enhanced consumer measures” are references to— (a) redress measures (see subsection (2) ), (b) compliance measures (see subsection (3) ), or (c)…
Section 222Other interpretative provisions
In this Part— “business” includes— (a) a trade, craft or profession, (b) any other undertaking carried on for gain or reward, and (c) the activities of any government…
Section 223Index of defined expressions
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the…

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Text as at 7 October 2026.

This is an unofficial convenience version of the Digital Markets, Competition and Consumers Act 2024. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.