23.—(1) The auction platform must have effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of its regulatory functions.
(2) But paragraph (1) does not extend to—
(a)complaints about the content of rules made by the platform, or
(b)complaints about a decision against which the complainant has the right to appeal under procedures of the kind mentioned in regulation 22(2)(b).
(3) The arrangements must include arrangements for a complaint to be fairly and impartially investigated by a person independent of the auction platform, and for that person to report on the result of the investigation to the auction platform and to the complainant.
(4) The arrangements must confer on the person mentioned in paragraph (3) the power to recommend, if that person considers it appropriate, that the auction platform—
(a)makes a compensatory payment to the complainant,
(b)remedies the matter complained of,
or takes both of these steps.
(5) Sub-paragraph (3) is not to be taken as preventing the platform from making arrangements for the initial investigation of a complaint to be conducted by the platform.