C1C2C3C4Part 2Complaints handling and redress schemes

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 power to apply (with modifications) conferred (25.10.2022) by Energy Prices Act 2022 (c. 44), ss. 19(11)(b)(i), 30(6) (with s. 29)

C2

Pt. 2 applied (with modifications) (E.W.S.) (1.11.2022) by The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/1101), regs. 1(2), 9

C3

Pt. 2 applied (with modifications) (E.W.S.) (26.4.2023) by The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023 (S.I. 2023/455), regs. 1(2), 9

C4

Pt. 2 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 62

Requirements relating to redress schemes

I148Membership of redress schemes: supplementary

1

In this Part—

  • “qualifying redress scheme” means a redress scheme within paragraph (a) or (b) of section 47(1);

  • “redress scheme” means a scheme under which consumer complaints may be made to, and investigated and determined by, an independent person (“the independent person”);

  • “scheme administrator”, in relation to a redress scheme, means the person who administers the scheme,

and references to approval of a redress scheme are to approval of the scheme for the purposes of section 47(1)(a).

2

In the definition of “redress scheme”, “independent”, in relation to a consumer complaint, means independent of—

a

the regulated provider against whom the complaint is made, and

b

the regulator who is the relevant regulator in relation to the regulated provider.

3

Nothing in this Part prevents a qualifying redress scheme providing—

a

for membership to be open to persons who are not subject to any duty to belong to a qualifying redress scheme;

b

for the investigation and determination of complaints other than those in relation to which such a duty applies, made against members who have voluntarily accepted the jurisdiction of the scheme over such complaints.

4

For the purposes of the law relating to defamation, proceedings under a qualifying redress scheme (in relation to a consumer complaint and a regulated provider to which an order under section 47 applies) are to be treated in the same way as proceedings before a court.