Digital Markets, Competition and Consumers Act 2024

304 ADR information directions

(1) The Secretary of State may give a direction to any person falling within subsection (2) requiring the person to provide ADR information to the Secretary of State.

(2) A direction may be given to—

(a) an accredited ADR provider,

(b) an exempt ADR provider,

(c) a person (not being an accredited or exempt ADR provider) who carries out ADR under special ADR arrangements,

(d) a person who has been an accredited or exempt ADR provider or a person mentioned in paragraph (c), or

(e) a regulator, but only in relation to relevant ADR information (see section 306(2)).

(3) A direction may only be given—

(a) for the purpose of enabling or facilitating one or more of the following (whether done by the Secretary of State or by another person under arrangements made with the Secretary of State)—

(i) publication of ADR information for the benefit of consumers;

(ii) monitoring or evaluation of the operation of the system of accreditation under this Chapter;

(iii) monitoring or evaluation of the provision and quality of ADR carried out in the United Kingdom, or

(b) for any other purpose connected with the exercise of the Secretary of State’s functions under this Chapter.

(4) A direction may provide for—

(a) the ADR information to be provided;

(b) the manner in which it is to be provided;

(c) time limits for providing it.

(5) A person to whom a direction is given must so far as reasonably practicable comply with it.

(6) The duty to comply with a direction is enforceable by the Secretary of State in civil proceedings—

(a) for an injunction,

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.

(7) In this section “direction” means a direction under this section.