Legislation – Digital Markets, Competition and Consumers Act 2024
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Schedule 14Orders and regulations under CA 1998 and EA 2002
Orders and regulations under CA 1998
1
(1)
In Part 4 of CA 1998 (supplemental and transitional), section 71 (regulations, orders and rules) is amended as follows.
(2)
In subsection (4)—
(a)
in the words before paragraph (a), for “No order is to be made” substitute “An order made”
;
(b)
for the words after paragraph (e) substitute “is subject to the affirmative procedure”
.
(3)
(4)
In subsection (5)—
(a)
in paragraph (a), after “(4)” insert “or (4A)”
;
(b)
for the words after paragraph (b) substitute “is subject to the negative procedure”
.
(5)
“(6)
Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.
(7)
Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(8)
Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.”
Orders and regulations under Part 3 of EA 2002
2
(1)
In Part 3 of EA 2002 (mergers), section 124 (orders and regulations under Part 3) is amended as follows.
(2)
In subsection (4) omit “, 94A(6)”.
(3)
In subsection (5)—
(a)
omit “Regulations made by the Secretary of State under section 68A or”;
(b)
after “section 65(3)),” insert “59(6A)(a),”
;
(c)
omit “, 94A(3) or (6), 111(4) or (6)”;
(d)
for “shall be subject to annulment in pursuance of a resolution of either House of Parliament” substitute “is subject to the negative procedure”
;
(4)
(5)
In subsection (6)—
(a)
for “No order shall be made” substitute “An order made”
;
(b)
for “section 59(6A)” substitute “section 59(6A)(b)”
;
(c)
for “unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament” substitute “is subject to the affirmative procedure”
.
(6)
“(6A)
Regulations made under section 70G, 94AB(7) or 111(7A), or paragraph 15 of Schedule 6B, are subject to the affirmative procedure.
(6B)
Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.”
(7)
“(11)
Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(12)
Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.”
Orders and regulations under Part 4 of EA 2002
3
(1)
In Part 4 of EA 2002 (market studies and market investigations), section 181 (orders under Part 4) is amended as follows.
(2)
In the heading, after “Orders” insert “and regulations”
.
(3)
In subsection (1), after “order” insert “or regulations”
.
(4)
In subsection (2), after “order” insert “or regulations”
.
(5)
In subsection (4)—
(a)
omit “174D(4) or (5)”;
(b)
for “section 174D” substitute “section 174A(10)”
;
(c)
for “shall be subject to annulment in pursuance of a resolution of either House of Parliament” substitute “is subject to the negative procedure”
.
(6)
(7)
In subsection (5)—
(a)
for “No order shall be made” substitute “An order made”
;
(b)
for “unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament” substitute “is subject to the affirmative procedure”
.
(8)
“(5A)
Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.
(5B)
Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.”
(9)
In subsection (10), for “174D” substitute “174A(10)”
.
(10)
“(11)
Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(12)
Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.”