- Accredited ADR provider
means a person who is for the time being accredited under this Chapter (whether or not their accreditation is limited to particular descriptions of ADR or special ADR arrangements).
- ADR
has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;
- applicable period
means—
- appropriate appeal court
means— (a) in relation to England and Wales or Northern Ireland, the High Court;
- appropriate authority
has the same meaning as in section 94AA.”
- appropriate court
means—
- appropriate policy
means a policy—
- approved estate agents redress scheme
means an approved redress scheme within the meaning of section 23A of the Estate Agents Act 1979;
- approved postal operators redress scheme
means an approved redress scheme for investigating and determining complaints about postal operators (see section 52 of the Postal Services Act 2011);
- approved public communications provider dispute procedures
means dispute procedures maintained by public communications providers that are approved under section 54 of the Communications Act 2003 for the purposes of section 52(5) of that Act;
- approved representative body
means a representative body that operates a consumer code which has been approved by—
- approved social housing ombudsman scheme
means a scheme which is approved for the purposed of Schedule 2 to the Housing Act 1996;
- arrangement
includes—
- breach investigation
means an investigation (including a conduct investigation) into whether an undertaking is breaching or has breached a requirement imposed on the undertaking under this Part by virtue of the undertaking being, or having been, a designated undertaking;
- business
includes— (a) a trade, craft or profession, and (b) any other undertaking carried on for gain or reward, but does not include the activities of any government department or local or public authority;
- business premises
means premises (or any part of premises) not used as a dwelling.
- code of conduct
means an agreement or set of rules which defines the behaviour of traders who choose to be bound by it;
- coercion
includes the use or threat of physical force;
- commencement date
means the date on which section 153 comes into force;
- commercial information
means information relating to any business of an undertaking whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks might significantly harm the undertaking’s legitimate business interests;
- commercial practice
means an act or omission by a trader relating to the promotion or supply of— (a) the trader’s product to a consumer, (b) another trader’s product to a consumer, or (c) a consumer’s product to the trader or another person;
- commissioning
includes incentivising by any means (and “commissioned” is to be read accordingly);
- Competition claim
means— a a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of— i the person who suffered the loss or damage, or ii a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise), or b a claim for a declaration or a declarator in respect of an infringement of competition law.”
- competition proceedings
has the meaning given by paragraph 2(4) of Schedule 8A to the Competition Act 1998 (further provision about claims in respect of loss or damage before a court or the Tribunal);
- conduct investigation
has the meaning given by section 26(1);
- conduct investigation notice
has the meaning given by section 26(3);
- conduct investigation period
has the meaning given by section 30(2);
- conduct requirements
has the meaning given by section 19(3);
- confidential information
means commercial information, private information or sensitive information;
- consumer
means an individual acting for purposes that are wholly or mainly outside the individual’s business;
- consumer code
means an agreement or set of rules regulating, with a view to safeguarding or promoting the interests of consumers, the behaviour of traders who— (a) are engaged in commercial practices, and (b) choose to be bound by the agreement or set of rules;
- Consumer contract
means (subject to the following provisions of this section) a contract between a trader and a consumer which is—
- consumer contract dispute
has the same meaning as in Chapter 4 of Part 4 of that Act;
- consumer review
means a review of a product, a trader or any other matter relevant to a transactional decision;
- consumer review information
means information that is derived from, or is influenced by, consumer reviews;
- continuing conduct
means an act or omission of a person that— (a) takes place before the commencement date, and (b) is repeated, or continues to take place, on or after that date;
- cooperation arrangement
means an arrangement or agreement relating in whole or in part to cooperation in matters relating to the subject matter of a relevant enactment;
- customer
includes a customer who is not a consumer;
- decision period
means, in relation to the arrangements concerned— (a) in a case where the initial period has not begun, that period, or (b) in a case where the initial period has begun, the period beginning with the day on which the fast-track reference request is made and ending at the end of the initial period;
- Designated cooperation arrangement
means an arrangement or agreement that meets all of Conditions A to D. 3 Condition A is that the arrangement or agreement is between— a a public authority and an overseas public authority, or b the United Kingdom and a country or territory. 4 Condition B is that the arrangement or agreement relates to cooperation between— a the public authority and the overseas public authority, or b public authorities in the United Kingdom and persons or bodies in that country or territory, for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b). 5 Condition C is that the arrangement or agreement provides for— a the overseas public authority and the public authority, or b a person or body in that country or territory and public authorities in the United Kingdom, to provide corresponding or substantially similar assistance to each other for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b). 6 Condition D is that the arrangement or agreement is designated in regulations made by the Secretary of S
- designated undertaking
means an undertaking which the CMA has designated as having SMS in respect of a digital activity;
- designation
means the designation of an undertaking as having SMS in respect of a relevant digital activity;
- designation period
has the meaning given by section 15(3)(e);
- devolved authority
means the Welsh Ministers, the Scottish Ministers or a Northern Ireland Department.
- digital activity
has the meaning given by section 3(1);
- digital content
has the meaning given by section 330;
- digital markets functions
means— (a) the functions that the CMA has under this Part, and (b) the CMA’s power to do anything that is calculated to facilitate, or is conducive or incidental to, the performance of those functions (see paragraph 20 of Schedule 4 to ERRA 2013 (additional powers));
- digital markets investigation
means— (a) an SMS investigation;
- digital markets investigation information
means information— (a) prepared by a person other than the CMA for the purpose of a digital markets investigation;
- Digital markets proceedings
means proceedings under section 101 of the Digital Markets, Competition and Consumer Act 2024 (rights to enforce requirements of Part 1).”
- direct enforcement function
means—
- direction
means a direction under this section.
- disease
includes any injury, ailment or adverse condition, whether of body or mind.
- Dispute
means a consumer contract dispute.
- domestic premises
means premises (or any part of premises) that are used as a dwelling and are— (a) premises also used in connection with the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, or (b) premises where information relating to the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, is located;
- durable medium
means, in relation to the provision of information, paper, email or any other medium that— (a) allows the information to be addressed personally to the consumer, (b) enables the consumer to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and (c) allows the unchanged reproduction of the information stored;
- electricity supplier
means a person who is authorised to supply electricity by a licence or exemption under Part 1 of the Electricity Act 1989 or Part 2 of the Electricity (Northern Ireland) Order 1992;
- electricity supply licence
means a licence granted under section 6 of the Electricity Act 1989 or Article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.1));
- electronic money
has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011 (and references to the issue of electronic money are to be construed in accordance with those regulations);
- electronic money issuer
has the meaning given in regulation 2(1) of those Regulations;
- enactment
means an enactment whenever passed or made and includes— (a) an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act, (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, (c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation, and (e) any assimilated direct legislation;
- enforcement direction
includes a direction given in a notice under section 192(5)(b).
- enforcement directions
includes directions given in a notice under section 192(5)(b).
- enforcement order
means an order made under section 156;
- enforcer
means a public designated enforcer or a private designated enforcer;
- enterprise
means the activities, or part of the activities, of a business;”
- exempt ADR provider
means a person who— (a) is listed (or of a description of persons listed) in Part 1 of Schedule 25, or (b) is (when carrying out ADR or making special ADR arrangements) acting under or for the purposes of an exempt redress scheme;
- exempt redress scheme
means a scheme or other similar arrangement which is listed (or of a description listed) in Part 2 of Schedule 25.
- existing conditions
means the existing conditions disregarding any previous variations made under subsection (4)(a) or (9)(b).
- fake consumer review
means a consumer review that purports to be, but is not, based on a person’s genuine experience;
- fast-track reference request
means a request that the CMA makes a reference under section 22(1A) or 33(1A) in relation to the arrangements concerned. 34ZE 1 This section applies where a fast-track reference request is made and not withdrawn. 2 Where the fast-track reference request is made before the beginning of the initial period, the CMA may, at any time before the beginning of that period, reject the request. 3 Where the CMA has not rejected the fast-track reference request in accordance with subsection (2), the CMA must, within the decision period, decide whether to accept the request in accordance with section 34ZF or reject the request. 4 Where the CMA accepts or rejects a fast-track reference request, the CMA must notify the persons carrying on the enterprises concerned that the request has been accepted or rejected. 5 In this section— • “decision period” means, in relation to the arrangements concerned— (a) in a case where the initial period has not begun, that period, or (b) in a case where the initial period has begun, the period beginning with the day on which the fast-track reference request is made and ending at the end of the initial period;
- final notice
means—
- final offer initiation notice
has the meaning given by section 40(1);
- final offer order
has the meaning given by section 41(2);
- final offer payment terms
has the meaning given by section 38(1);
- final offer period
has the meaning given by section 41(3);
- firm
means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;”
- foreign country or territory
means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories;
- foreign government
means the government of a foreign country or territory;
- foreign power
means— a the sovereign or other head of a foreign state in their public or private capacity, b a foreign government or part of a foreign government, c the head or senior members of a foreign government in their private capacity, d an agency or authority of a foreign government, or of part of a foreign government, e the head or senior members of an agency or authority of a foreign government, or of part of a foreign government, in their private capacity, f an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority, g a political party which is a governing political party of a foreign government, or h the officers of a political party, which is a governing political party of a foreign government, in their private capacity. 2 A political party is a governing political party of a foreign government if persons holding political or official posts in the foreign government or part of the foreign government— a hold those posts as a result of, or in the course of, their membership of the party, or b in exercising the functions of those posts, are subject to the direction or
- foreign state intervention notice
means a notice under section 70A(1);
- further SMS investigation
has the meaning given by section 10(3);
- gas supplier
means a person who is authorised to supply gas by a licence or exemption under Part 1 of the Gas Act 1986 or Part 2 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2));
- gas supply licence
means a licence granted under section 7A(1) of the Gas Act 1986 or Article 8(1)(c) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2));
- goods
includes vouchers, rights and obligations but does not include buildings or other structures or immovable property;
- government
includes persons exercising the functions of a government;
- grouped third parties
has the meaning given by section 39(3);
- grouped transactions
has the meaning given by section 39(3);
- heat network
has the meaning given by section 216 of the Energy Act 2023, and • “heat supplier” means a person who charges for making a supply of heating, cooling or hot water by means of thermal energy provided from a heat network.
- heat network authorisation
means an authorisation conferred under regulations made under section 219 of the Energy Act 2023;
- heat supplier
means a person who charges for making a supply of heating, cooling or hot water by means of thermal energy provided from a heat network.
- implementation trial measure
means an undertaking accepted, or order made, under section 161C (and references to the imposition of such a measure are to be read as the acceptance of an undertaking or the making of an order, as the case may be);
- implementation trial period
means, in relation to an implementation trial measure, the period— (a) beginning with the day on which the relevant authority begins the implementation trial, and (b) ending with the last day on which the implementation trial measure is to have effect (see subsections (4) and (5));
- information
includes— (a) information in the form of a document, whether in draft or final form;
- information notice
means a notice given under paragraph 14 of Schedule 5 to CRA 2015.
- initial period
has the meaning given by section 34ZA(3). 34ZF 1 The CMA may accept a fast-track reference request only if the condition in subsection (2) or (3) is met. 2 The condition in this subsection is that, in relation to the arrangements concerned— a the CMA believes that it is or may be the case that a relevant merger situation has been created, and b the CMA would not be prevented from making a reference under section 22(1) by reason of section 22(3). 3 The condition in this subsection is that, in relation to the arrangements concerned— a the CMA believes that it is or may be the case that, if carried into effect, the arrangements will result in the creation of a relevant merger situation, and b the CMA would not be prevented from making a reference under section 33(1) by reason of section 33(3). 4 In deciding whether to accept a fast-track reference request under subsection (2) or (3), the CMA must have regard, in particular, to— a whether the arrangements concerned raise any consideration specified in section 58;
- initial SMS investigation
has the meaning given by section 9(2);
- interim enforcement order
means an order made under section 159;
- interim online interface order
means an order made under section 162;
- invitation to purchase
means a commercial practice involving the provision of information to a consumer—
- joined third parties
has the meaning given by section 39(1);
- judge
includes—
- legacy information
means information which— a comes to a public authority in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Parts 4 or 6 of the 1973 Act;
- material information
means information that the average consumer needs to take an informed transactional decision.
- misleading way
includes (for example)—
- monetary penalty
means a monetary penalty imposed under Chapter 3 or 4;
- motor fuel
has the same meaning as in the Motor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107) (see regulation 2 of those Regulations), but as if paragraphs (c) and (d) of the definition of that term were omitted;
- OFCOM
means the Office of Communications.
- online interface
means any software, including a website, part of a website, an application or other digital content which—
- online interface order
means an order made under section 161;
- overseas public authority
means a person or body in any country or territory outside the United Kingdom which appears to the discloser (within the meaning of any of sections 243A to 243C) to exercise functions of a public nature in relation to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b);
- particular features
means features specified in the reference.”
- partner
includes a person purporting to act as a partner.
- payment service provider
has the meaning given in regulation 2(1) of the Payment Services Regulations 2017.
- penalty
means a penalty imposed under paragraph 16A or 16C;
- post commencement conduct
means so much of a person’s continuing conduct as takes place on or after the commencement date;
- pre-commencement conduct
means so much of a person’s continuing conduct as takes place before the commencement date.
- pre-emptive action
means action which might prejudice a foreign state intervention notice or a report under section 70B, or might impede the taking of any action under this Part in relation to such a notice or report 70D 1 Nothing in this Chapter limits the exercise of powers in relation to a foreign state newspaper merger situation under other provisions of this Part. 2 The powers in this Chapter may be exercised in relation to a foreign state newspaper merger situation regardless of whether any other power under this Part has been exercised in relation to the case. 3 The CMA must, in considering whether to make a reference under section 22 or 33, bring to the attention of the Secretary of State any case which it believes may be relevant to the duty in section 70A(1). 70E 1 In this Chapter, “foreign power” means— a the sovereign or other head of a foreign state in their public or private capacity, b a foreign government or part of a foreign government, c the head or senior members of a foreign government in their private capacity, d an agency or authority of a foreign government, or of part of a foreign government, e the head or senior members of an agency or authority of a fore
- premises
includes business premises (see section 71(7)) and domestic premises.
- prescribed
means prescribed by regulations under section 300.
- primary legislation
means— (a) an Act of Parliament (including this Act);
- pro-competition order
has the meaning given by section 46(3)(a);
- product
means—
- prohibited
means prohibited by section 293(1) or (2);
- provisional notice
means—
- publishing
includes disseminating, or otherwise making available, by any means;
- qualifying cooperation arrangement
means any cooperation arrangement— (a) to which the United Kingdom and the country or territory of O are parties, and (b) which provides for the provision of mutual assistance as between the United Kingdom and that country or territory, or as between R and persons or bodies in that country or territory, in relation to matters relating to— (a) functions of R under a relevant enactment, or (b) functions of O which correspond or are similar to those functions;
- qualifying lettings agency work redress scheme
means a redress scheme which is approved as mentioned in section 83(1)(a), or is a government scheme for the purposes of section 83(1)(b), of the Enterprise and Regulatory Reform Act 2013;
- qualifying property management work redress scheme
means a redress scheme which is approved as mentioned in section 84(1)(a), or is a government administered redress scheme for the purposes of section 84(1)(b), of the Enterprise and Regulatory Reform Act 2013;
- qualifying redress scheme for the gas or electricity sector
means a redress scheme which is approved as mentioned in section 47(1)(a), or is administered and designated as mentioned in section 47(1)(b), of the Consumers, Estate Agents and Redress Act 2007.
- qualifying remedial action
means remedial action in respect of— (a) a matter concerning the provision or publication of information to consumers (whether directly or through an intermediary), or (b) any other matter specified in regulations made by the Secretary of State;
- regulator
means a person who has responsibility for, or oversight of, an area of activity by virtue of any legislation.
- relative
means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.
- relevant adverse effect
means— (a) where the relevant authority is the CMA, an adverse effect on competition identified in the report mentioned in section 138(1);
- relevant authorities
means the Secretary of State and any persons with functions conferred by regulations under this section.
- relevant authority
has the meaning given by section 161B(2). 8 Subsections (3), (5) and (6) of section 138 apply to action taken by the CMA under this section as those subsections apply to action taken by the CMA under section 138(2). 9 Subsections (3)(b), (5) and (6) of section 147 apply to action taken by the Secretary of State under this section in respect of a restricted PI reference as those subsections apply to action taken by the Secretary of State under section 147(2). 10 Subsection (3) of section 147A applies to action taken by the Secretary of State under this section in respect of a full PI reference as that subsection applies to action taken by the Secretary of State under sect
- relevant contract
means—
- relevant duty to supply water
means the duty imposed by— (a) section 52 of the Water Industry Act 1991;
- relevant enactment
means an enactment listed in the first column of the table in subsection (2);
- relevant feature
means— a any feature of a relevant market which is not excluded from investigation by virtue of section 133(1A), or b a combination of such features.”
- relevant guidance
means the statement of policy which was most recently published under section 40B of the 1998 Act at the time when the act or omission concerned occurred.”
- relevant heat network
has the same meaning as in Chapter 1 of Part 8 of the Energy Act 2023 (see section 216 of that Act).
- relevant infringement
means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.”
- Relevant insolvency proceedings
means—
- relevant law
means— a this Act, any enactment specified in Schedule 14 and such subordinate legislation as is specified by order for the purposes of section 238(1);
- relevant notice
means— (a) a final infringement notice, (b) an online interface notice, (c) a final breach of undertakings enforcement notice, (d) a final breach of directions enforcement notice, or (e) a final false information enforcement notice.
- relevant period
means—
- relevant person
means—
- remedial action
means an action— (a) where the relevant authority is the CMA, to be taken in accordance with section 138(2) or section 162A(5);
- representative body
means an organisation established to represent the interests of two or more businesses in a particular sector or area.
- resolution
includes—
- rules
means rules made under this section.
- sensitive information
means information whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks would be contrary to the public interest;
- service of the order
includes service of an extract order in execution of or diligence on the order.
- specified
means specified in a condition imposed by the Secretary of State under subsection (6).
- statutory rate
means the rate for the time being specified in section 17 of the Judgments Act 1838. 16H 1 References to “turnover” of a person in paragraphs 16A and 16C include— a turnover both in and outside the United Kingdom;
- submission date
has the meaning given by section 40(2)(d);
- subordinate legislation
has the same meaning as in section 21(1) of the Interpretation Act 1978 and includes an instrument made under— (a) an Act of the Scottish Parliament;
- subsidiary
has the meaning given by section 1159 of the Companies Act 2006;
- supply
includes supply by means of sale, lease, hire or hire purchase.
- territory
includes the constituent territories of a federal state. 70F 1 For the purposes of this Chapter, section 44(10) is to be read as if the definition of “newspaper” included a news publication circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom on any periodic basis. 2 For the purposes of this Chapter, a matter is finally determined when the Secretary of State— a makes an order under section 70C(2), or b publishes under section 107 a report of the CMA under section 70B which the Secretary of State has received and which states that the CMA has decided that the CMA believes that— i no foreign state newspaper merger situation has been created, or ii n
- the applicable period
means—
- the appropriate authority
means— a the CMA;
- the appropriate court
means—
- the CMA
means the Competition and Markets Authority;
- the commencement date
means— (a) for the purposes of the saving by subsection (2) of Part 4A of the CPUTR 2008 (and other provisions of those Regulations so far as relating to that Part), the date on which the first regulations made under section 233 come into force;
- the court
has the same meaning as in paragraph 16;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the designated undertaking
means the undertaking mentioned in subsection (1);
- the effective date
means 13 March 2024.
- the FCA
means the Financial Conduct Authority;
- the general prohibition
has the same meaning as in the Financial Services and Markets Act 2000 (see section 19(2) of that Act);
- the new law
means Chapters 3 and 4 of Part 3 (and any provisions of law relating to those Chapters, including Schedule 5 to CRA 2015 as amended by this Act);
- the old law
means— (a) Part 8 of EA 2002, as that Part had effect immediately before the commencement date, and (b) any provisions of law (including in particular Schedule 5 to CRA 2015) relating to Part 8 of EA 2002, as those provisions had effect immediately before the commencement date.
- the PRA
means the Prudential Regulation Authority;
- the relevant authority
means— a in the case of a restricted PI reference or a full PI reference, the Secretary of State;
- the relevant date
means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.”
- the relevant guidance
means the statement of policy which was most recently published under section 314 of the Digital Markets, Competition and Consumers Act 2024 at the time of the act or omission giving rise to the penalty.”
- the relevant person
means the person given the notice under section 109.”
- the statutory rate
means the rate for the time being specified in section 17 of the Judgments Act 1838.
- the third party
means the third party mentioned in subsection (1).
- the transaction
means the transaction mentioned in subsection (1);
- the Tribunal
means the Competition Appeal Tribunal;
- the turnover condition
has the meaning given by section 7;
- trader
means a person (“P”) acting for purposes relating to P’s business whether acting personally or through another person acting in P’s name or on P’s behalf;
- transaction
means— whether in accordance with a contract or otherwise.
- transactional decision
means any decision made by a consumer relating to—
- Tribunal rules
means rules under section 15 of EA 2002;
- turnover
has the same meaning as in section 204 (determination of turnover) and references to “this Part” in section 204 are to be read, for the purposes of this Chapter, as references to this Chapter.
- undertaking
means an undertaking given under section 156(5).
- undertakings
means undertakings given under section 185;
- undue influence
means exploiting a position of power in relation to a consumer so as to apply pressure in a way which significantly limits the consumer’s ability to make an informed decision.
- United Kingdom
includes a part of the United Kingdom.
- United Kingdom national
means— a a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
- user
includes any person, legal or natural, and, in relation to a digital activity, means any user of the relevant service or digital content.
- water supplier
means— (a) a water undertaker or a water supply licensee within the meaning of the Water Industry Act 1991, (b) a person supplying water under a water services licence within the meaning of the Water Services etc.
- working day
means any day other than— a a Saturday or Sunday, or b a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”
- writing
includes creating by any means;