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The Alternative Dispute Resolution for Consumer Disputes (Amendment) (No. 2) Regulations 2015

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This Statutory Instrument corrects errors made by S.I. 2015/1392 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 1972

Consumer Protection

The Alternative Dispute Resolution for Consumer Disputes (Amendment) (No. 2) Regulations 2015

Made

2nd December 2015

Laid before Parliament

7th December 2015

Coming into force

9th January 2016

The Secretary of State, as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to matters relating to consumer protection(2), makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.

PART 1General

Citation and commencement

1.  These Regulations may be cited as the Alternative Dispute Resolution for Consumer Disputes (Amendment) (No. 2) Regulations 2015 and come into force on 9th January 2016.

PART 2Amendments to Primary Legislation

Amendment to the Prescription and Limitation (Scotland) Act 1973

2.—(1) The Prescription and Limitation (Scotland) Act 1973(3) is amended as follows.

(2) In subsection (2) of section 14 (computation of prescriptive periods)(4) omit the definition of “ADR official”.

Amendment to the Limitation Act 1980

3.—(1) The Limitation Act 1980(5) is amended as follows.

(2) In section 33B (extension of time limits because of alternative dispute resolution in certain cross-border or domestic contractual disputes)(6) omit subsection (1)(c).

Amendment to the Foreign Limitation Periods Act 1984

4.—(1) The Foreign Limitation Periods Act 1984(7) is amended as follows.

(2) In section 1B (extension of limitation periods because of alternative dispute resolution in certain cross-border or domestic contractual disputes)(8) omit subsection 1(c).

Amendment to the Equality Act 2010

5.—(1) The Equality Act 2010(9) is amended as follows.

(2) In section 140AA(extension of time limits because of alternative dispute resolution in certain cross-border or domestic contractual disputes)(10) omit subsection 1(c).

PART 3Amendments to Secondary Legislation

Amendment to the Limitation (Northern Ireland) Order 1989

6.—(1) The Limitation (Northern Ireland) Order 1989(11) is amended as follows.

(2) In paragraph 5 of Article 51B (extension of time limits: non-binding ADR procedure)(12) omit the definition of “ADR official”.

Amendments to the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

7.—(1) The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015(13) are amended as follows.

(2) After regulation 8 insert—

Consumer information regarding the ODR platform

8A.  A competent authority must provide a link to the ODR platform on its website.

(3) In regulation 15(1)(b) for “to 14” substitute “and 12”.

(4) In paragraph 2 of Schedule 3 insert—

(g)provides a link to the ODR platform on its website.

Nick Boles

Minister of State for Skills

Department for Business, Innovation and Skills

2nd December 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations correct minor errors made by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392) and introduces one provision which implements a provision of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 200/2004 and Directive 2009/22/EC (OJ L 165 18.6.2013, p.1) (the “ODR Regulation”) which requires specific transposition into domestic law in order to make the obligation it contains enforceable.

Regulations 2 to 6 make amendments to four acts and one statutory instrument to omit the definition of “ADR official” as the definition is redundant.

Regulation 7(2) and (4) introduces a new provision into the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542) (the “ADR Regulations”) to provide that a competent authority and an ADR applicant and ADR entity must provide a link to the ODR platform on its website.

Regulation 7(3) corrects a cross-reference in regulation 15(1)(b) of the ADR Regulations.

A transposition note setting out how the ADR Regulations as amended by this instrument transposes those requirements of the ODR Regulation which require specific transposition is available on www.gov.uk/government/publications.

(1)

1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

(2)

Article 2 of, and the Schedule to, the European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

(4)

Section 14 was amended by section 6(1) and paragraph 6 of Schedule 1 to the Prescription and Limitation Act 1984 (c.45), regulation 5(2), (3)(a), and (b) of S.I. 2011/234, and regulation 3(2) of S.I. 2015/1392.

(6)

Section 33B was inserted by regulation 4(3) of S.I. 2015/1392.

(8)

Section 1B was inserted by regulation 5(3) of S.I. 2015/1392.

(10)

Section 140AA was inserted by regulation 7(3) of S.I. 2015/1392.

(11)

S.I. 1989/1339(N.I. 11), amended by S.R. (N.I.) 2011 No 157 and S.I. 2015/1392; there are other amending instruments but none is relevant.

(12)

Article 51B was inserted by regulation 8 of S.I. 2015/1392.

(13)

S.I. 2015/542, amended by S.I. 2015/1392.

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