Member

79: After Schedule 2, insert the following new Schedule— “ScheduleDirect enforcement of consumer protection legislation by the ORRDigital Markets, Competition and Consumers Act 2024 1 Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law) is amended as follows.2 In section 150 (specified prohibition condition)—(a) in subsection (2)—(i) in the opening words, for “both” substitute “more”;(ii) after paragraph (b) insert—“(c) the practice—(i) relates to railways or the provision of railway services, and(ii) is in breach of an enactment listed in Schedule 16B (to the extent specified).”;(b) after subsection (2A) insert—“(2B) In subsection (2)(c) “railway” and “railway services” have the same meanings as in Part 1 of the Railways Act 1993.”3 In section 179A(1) (meaning of “direct enforcement authority”), after paragraph (b) insert—“(c) in the case of a commercial practice that meets the specified prohibition condition because paragraph (c) of section 150(2) applies, the Office of Rail and Road.”4 In section 209 (powers to amend)—(a) in subsection (1), after paragraph (f) insert—“(g) Schedule 16B so as to add, remove or vary an entry for an enactment.”; (b) in subsection (2), for “or (f)” substitute “, (f) or (g)”;(c) in the heading, for “and 16A” substitute “, 16A and 16B”.5 After Schedule 16A insert—“Schedule 16B Enactments directly enforceable by the Office of Rail and Road

Enactment	Extent
1. Acts of Parliament
Consumer Rights Act 2015	Chapter 4 of Part 1 Consumer Rights Act 2015 Part 2 Part 3 of Schedule 5
Digital Markets, Competition and Consumers Act 2024	Chapter 1 of Part 4
2. Secondary legislation and assimilated direct legislation
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations	All articles except article 26
Rail Passengers’ Rights and Obligations Regulations 2010	All regulations
Consumer Rights (Payment Surcharges) Regulations 2012	All regulations
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013	All regulations
3. Other subordinate legislation
Any other subordinate legislation (not otherwise listed in this Schedule) so far as made under an enactment so listed	The entirety of the legislation”

Consumer Rights Act 2015 6 In paragraph 8 of Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc), in the definition of “direct enforcement authority”, after paragraph (b) insert—“(c) the Office of Rail and Road.””Member’s explanatory statement The Schedule would amend the Digital Markets, Competition and Consumers Act 2024 and the Consumer Rights Act 2015, in order to provide the ORR with direct enforcement powers in specified circumstances relating to railways. It would build on provision in clause 5 of and Schedule 1 to the Civil Aviation (Consumer Protection and Regulatory Reform) Bill.