SCHEDULES
SCHEDULE 5Approval of redress schemes
Approval of redress schemes
I11
1
In deciding whether to approve a redress scheme, OFCOM must have regard to—
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the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under paragraph 2, and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) (and, in the case of persons within sub-paragraph (7)(e) and (f), for the purposes mentioned there).
7
The persons are—
a
OFCOM,
b
persons carrying out functions under other redress schemes that apply to postal operators,
c
the National Consumer Council,
d
the Secretary of State,
e
the Office of Fair Trading, for the purposes of any public consumer advice scheme supported by it, and
f
persons who operate a public consumer advice scheme supported by the Office of Fair Trading, for the purposes of that scheme.
8
In this paragraph “the independent adjudicator” means the person mentioned in section 52(2) who investigates and determines the complaints.
Approval of redress schemes: supplementary
I22
1
An application for approval of a redress scheme must be made in such manner, and be accompanied by such information, as OFCOM may determine.
2
The person who administers an approved redress scheme must notify OFCOM of any change to the scheme.
3
That notification must be given before the end of the period of 14 days beginning with the day on which the change is made.
4
OFCOM may withdraw their approval of a redress scheme, and may do so generally or in relation to complaints of a description specified by OFCOM.
5
OFCOM may, in particular, specify complaints by reference to the date on which they were made.
Procedure for refusing or withdrawing approval
I33
1
Before refusing or withdrawing their approval of a redress scheme, OFCOM must give the person who administers the scheme (“the scheme administrator”) a notice—
a
stating that they propose to refuse or withdraw approval,
b
giving the reasons for the proposed refusal or withdrawal, and
c
specifying a period within which representations about the proposed refusal or withdrawal may be made.
2
That period must be at least one month beginning with the day after the day the notice is given.
3
OFCOM must give notice (a “decision notice”) to the scheme administrator of—
a
OFCOM's decision on a proposal to refuse or withdraw approval, and
b
the reasons for their decision.
4
If the decision is to withdraw approval, OFCOM must also give notice of their decision and the reasons for it to the Secretary of State.
5
The scheme administrator must give a copy of a decision notice to each member of the scheme.
6
If OFCOM decide to withdraw approval, the withdrawal has effect in accordance with, and from the date specified in, the decision notice.