Digital Markets, Competition and Consumers Act 2024

Prospective

298 Revocation or suspension of accreditations etc U.K.

(1) This section confers powers on the Secretary of State in relation to the accreditation of an accredited ADR provider.

(2) The Secretary of State may, by notice to the ADR provider, revoke the accreditation on the application of the ADR provider.

(3) Subsection (4) applies in relation to the ADR provider where the Secretary of State considers that any one or more of the following conditions are met—

(a) the ADR provider is contravening, or has contravened, any of the prohibitions in section 293 and 294;

(b) the ADR provider is failing, or has failed, to comply with any of the accreditation criteria;

(c) the ADR provider is failing, or has failed, to comply with any conditions on its accreditation;

(d) the ADR provider is failing, or has failed, to comply with an enforcement notice under section 302.

(4) The Secretary of State may by notice to the ADR provider—

(a) vary the accreditation, by doing either or both of the following—

(i) limiting, or further limiting, the accreditation to such descriptions of ADR or such descriptions of special ADR arrangements (or both) as the Secretary of State considers appropriate, and

(ii) imposing new conditions on the accreditation, varying any existing condition or removing any existing condition,

(b) suspend the accreditation, or

(c) revoke the accreditation.

(5) In subsection (4)(a)(i) the reference to limiting (or further limiting) the accreditation to particular descriptions of ADR or of special ADR arrangements includes, in particular, limiting it to ADR relating to consumer contract disputes that have already been referred for ADR or to special ADR arrangements that already exist (as the case may be), whether for a limited period or otherwise.

(6) Before giving such a notice the Secretary of State must give the ADR provider a reasonable opportunity to make representations as to—

(a) whether one or more of the conditions mentioned in subsection (3) are met in relation to the ADR provider, and

(b) if so, what action (if any) it is appropriate for the Secretary of State to take under subsection (4).

(7) Any variations made under subsection (4)(a) must be variations the Secretary of State considers necessary to secure compliance with the prohibitions in sections 293 and 294, the accreditation criteria, the existing conditions on the accreditation or the enforcement notice (as the case may be).

(8) In subsection (7) “existing conditions” means the existing conditions disregarding any previous variations made under subsection (4)(a) or (9)(b).

(9) Where variations of the accreditation are made under subsection (4)(a), the Secretary of State must—

(a) keep those variations under review, and

(b) by notice to the ADR provider vary the accreditation for the purpose of revoking or reversing the effect of all or any of the variations, to the extent that the Secretary of State considers that they are no longer necessary for the purpose set out in subsection (7).

(10) A notice that the accreditation is being varied must specify the day on which the variations take effect.

(11) A notice that the accreditation is suspended or revoked must specify the day on which the accreditation ceases to be in force.

(12) Where the accreditation is suspended the notice must also set out when or in what circumstances the suspension is to cease to have effect so that the accreditation is again in force.

(13) The provision required by subsection (12) may consist of any one or more of the following—

(a) provision for the suspension to cease to have effect at the end of a period specified in the notice,

(b) provision for it to cease to have effect on the satisfaction of conditions specified in the notice, and

(c) provision for it to cease to have effect when a decision to lift it is made by the Secretary of State and notified to the ADR provider.

Commencement Information

I1 S. 298 not in force at Royal Assent, see s. 339(1)