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the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under paragraph 2, and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)F1.....
7
The persons are—
a
OFCOM,
b
persons carrying out functions under other redress schemes that apply to postal operators,
F3c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the Secretary of State,
F2e
Citizens Advice,
f
Citizens Advice Scotland, and
g
the General Consumer Council for Northern Ireland.
8
In this paragraph “the independent adjudicator” means the person mentioned in section 52(2) who investigates and determines the complaints.