Part 4

Consumer rights and disputes
Chapter 4

Alternative dispute resolution for consumer contract disputes

Enforcement of prohibitions etc

Enforcement notices
302
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.
S. 302 not in force at Royal Assent, see s. 339(1)