Approval of redress schemesU.K.
1(1)In deciding whether to approve a redress scheme, OFCOM must have regard to—U.K.
(a)the provisions of the scheme,
(b)the manner in which the scheme will be operated (so far as that can be judged from the facts known to OFCOM),
(c)the interests of users of postal services (including, in particular, the number of other redress schemes which are, or are likely to be, approved), and
(d)applicable best practice.
(2)“Applicable best practice” means the principles—
(a)which, in OFCOM's opinion, constitute generally accepted principles of best practice in relation to schemes for providing redress to consumers, and
(b)which it is reasonable to regard as applicable to the scheme.
(3)OFCOM must not approve a redress scheme unless—
(a)the membership of the scheme is open to all postal operators,
(b)the independent adjudicator may require members of the scheme to provide complainants with the minimum types of redress (whether or not other types of redress are available), and
(c)OFCOM consider that the scheme makes satisfactory provision about the matters listed in sub-paragraph (6).
(4)Sub-paragraph (3)(a) is not to be read as preventing OFCOM from approving a redress scheme that contains provision as to the expulsion of its members.
(5)The minimum types of redress are—
(a)providing an apology or explanation,
(b)paying compensation, and
(c)taking such other action in the interests of the complainant as the independent adjudicator may specify.
(6)The matters are—
(a)the matters about which complaints may be made (which may include contravention of a code of practice or other document),
(b)the independent adjudicator's duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a complaint),
(c)the enforcement of any requirement to provide redress imposed on a member of the scheme,
(d)the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under paragraph 2, and
(e)the provision of information by the independent adjudicator to the persons within sub-paragraph (7)F1.....
(7)The persons are—
(a)OFCOM,
(b)persons carrying out functions under other redress schemes that apply to postal operators,
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Secretary of State,
[F3(e)Citizens Advice,
(f)Citizens Advice Scotland,
[F4(fa)Consumer Scotland,] and
(g)the General Consumer Council for Northern Ireland.]
(8)In this paragraph “the independent adjudicator” means the person mentioned in section 52(2) who investigates and determines the complaints.
Textual Amendments
F1Words in Sch. 5 para. 1(6)(e) omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(7)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F2Sch. 5 para. 1(7)(c) omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(7)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
F3Sch. 5 para. 1(7)(e)-(g) substituted for Sch. 5 para. 1(7)(e)(f) (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(7)(c) (with Sch. 1 para. 28, 2 paras. 13-15)
F4Sch. 5 para. 1(7)(fa) inserted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 8(3) (with art. 5)
Commencement Information
I1Sch. 5 para. 1 in force at 1.10.2011 by S.I. 2011/2329, art. 3