Digital Markets, Competition and Consumers Act 2024

Prospective

Prohibition on acting as ADR provider without accreditation etc U.K.

293 Prohibitions relating to acting as ADR provider U.K.

(1) A person must not carry out ADR in relation to a consumer contract dispute unless the person—

(a) is an exempt ADR provider whose exemption covers the ADR being carried out,

(b) is an accredited ADR provider whose accreditation covers the ADR being carried out, or

(c) is acting under special ADR arrangements made by—

(i) an exempt ADR provider whose exemption covers the making of those special ADR arrangements, or

(ii) an accredited ADR provider whose accreditation covers the making of those special ADR arrangements.

(2) A person must not make special ADR arrangements in relation to any one or more consumer contract disputes unless the person is—

(a) an exempt ADR provider whose exemption covers the making of those special ADR arrangements, or

(b) an accredited ADR provider whose accreditation covers the making of those special ADR arrangements.

Commencement Information

I1 S. 293 not in force at Royal Assent, see s. 339(1)

294 Prohibitions relating to charging fees to consumers U.K.

(1) An accredited ADR provider must not charge the consumer a fee in respect of ADR being carried out (or to be carried out) in relation to a consumer contract—

(a) by the accredited ADR provider, or

(b) by another ADR provider under special ADR arrangements made by the accredited ADR provider,

unless the fee is charged in accordance with provisions for the charging of fees to consumers which meet the conditions in subsection (2).

(2) The conditions are that the provisions in question—

(a) have been made by the accredited ADR provider,

(b) are approved by the Secretary of State for the purposes of this subsection, and

(c) are published in a manner likely to come to the attention of consumers whose consumer contract disputes may be dealt with by the accredited ADR provider.

(3) An ADR provider who carries out (or is to carry out) ADR in relation to a consumer contract dispute under special ADR arrangements must not charge the consumer any fee in respect of carrying out the ADR in question.

Commencement Information

I2 S. 294 not in force at Royal Assent, see s. 339(1)