Part 4Consumer rights and disputes

Chapter 4Alternative dispute resolution for consumer contract disputes

Exempt ADR providers

295Exempt ADR providers

(1)

In this Chapter—

“exempt ADR provider” means a person who—

(a)

is listed (or of a description of persons listed) in Part 1 of Schedule 25, or

(b)

is (when carrying out ADR or making special ADR arrangements) acting under or for the purposes of an exempt redress scheme;

“exempt redress scheme” means a scheme or other similar arrangement which is listed (or of a description listed) in Part 2 of Schedule 25.

(2)

The Secretary of State may by regulations amend Schedule 25 for the purpose of—

(a)

adding a new entry in Part 1 or 2;

(b)

varying or removing an entry for the time being included in Part 1 or 2;

(c)

varying the supplementary provision in Part 3.

(3)

Regulations under subsection (2) may, in particular—

(a)

provide for an entry in Part 1 of Schedule 25 to apply to a specified person or to any person of a specified description;

(b)

provide for an entry in Part 2 of that Schedule to apply to a specified scheme or any scheme of a specified description;

(c)

limit the scope of the exemption given to a person by virtue of an entry in Part 1 or 2 of that Schedule, whether in relation to carrying out ADR or making special ADR arrangements (or both).

(4)

For the purposes of subsection (3)—

(a)

descriptions of ADR may be framed by reference to kinds of ADR or types of dispute (or both), and

(b)

descriptions of special ADR arrangements may be framed by reference to any features of such arrangements, including in particular the kinds of ADR involved or the types of dispute involved (or both).

(5)

Subject to any limitation on its scope provided for by Schedule 25—

(a)

an exemption given to a person by virtue of an entry in Part 1 of that Schedule covers anything done by the person in the exercise of the person’s functions that would otherwise be prohibited, and

(b)

an exemption given to a person by virtue of an entry in Part 2 of that Schedule covers anything done under or for the purposes of an exempted redress scheme that would otherwise be prohibited.

(6)

In this section—

“prohibited” means prohibited by section 293(1) or (2);

“specified” means specified in the regulations.

(7)

Regulations under subsection (2) are subject to the negative procedure.