Part 4Consumer rights and disputes
Chapter 4Alternative dispute resolution for consumer contract disputes
Enforcement of prohibitions etc
302Enforcement notices
(1)
The Secretary of State may give an enforcement notice to an ADR provider if satisfied that the provider is contravening, or has contravened, any one or more of the following—
(a)
the prohibition in section 293(1) or (2);
(b)
the prohibition in section 294(1) or (3);
(c)
a condition on its accreditation;
(d)
the duty to pay a fee due under section 299(1);
(e)
a duty imposed by regulations under section 303;
(f)
a duty imposed by a direction under section 304.
(2)
Before reaching a final view as to whether or not to give an enforcement notice to an ADR provider, the Secretary of State must give the provider a reasonable opportunity to make representations as to—
(a)
whether the condition in subsection (1) is met, and
(b)
if so, whether an enforcement notice should be given to it.
(3)
An enforcement notice is a notice requiring the ADR provider in question to do, or not to do, such things as are specified in the notice or are of a description so specified, with a view to securing compliance with the prohibition, condition or duty in question.
(4)
An enforcement notice may—
(a)
include requirements for the ADR provider to give information to the Secretary of State, or
(b)
include other supplementary, incidental or consequential provision.
(5)
The notice must make clear, in particular—
(a)
what requirements are being imposed by the notice, and
(b)
when they are to be complied with (whether immediately or otherwise).
(6)
The Secretary of State may, by notice to the ADR provider to whom an enforcement notice has been given—
(a)
revoke the enforcement notice, or
(b)
revoke any requirement contained in the notice and, if necessary, make any consequential changes to the other provisions of the notice.
(7)
The power under subsection (6) may be exercised on the application of the ADR provider or otherwise.
(8)
An enforcement notice may, with the permission of the High Court or the Court of Session, be enforced as if it were an order made by that court.
(9)
The Secretary of State may publish information about enforcement notices given under this section.