Part 4

Consumer rights and disputes
Chapter 4

Alternative dispute resolution for consumer contract disputes

Consequential amendments etc and transitional provision

Transitional provision relating to this Chapter
310
1
The prohibition on carrying out ADR in section 293(1) does not apply to ADR carried out by an ADR provider in relation to a consumer contract dispute where the ADR started before the prohibition came into force.
2
The prohibition on charging fees to consumers in section 294(1) does not apply to ADR carried out by an ADR provider in relation to a consumer contract dispute where the ADR started before the prohibition came into force.
3
For the purposes of subsections (1) and (2), the ADR is to be taken as starting when the dispute was first referred to the ADR provider in accordance with that provider’s rules or procedures.
4
The prohibition on charging fees to consumers in section 294(3) does not apply to ADR carried out by an ADR provider under special ADR arrangements where the ADR started before the prohibition came into force.
5
Subsection (2) of section 293 applies, in the case of any special ADR arrangements made by an ADR provider before that subsection comes into force, as if the prohibition in it were a prohibition against the person who made the arrangements continuing to operate them, unless that person—
a
is an exempt ADR provider whose exemption would cover making the special ADR arrangements, or
b
is an accredited ADR provider whose accreditation would cover making the special ADR arrangements.
6
But subsection (5) does not prevent the person from continuing to operate the special ADR arrangements so far as relating to cases in which ADR which is being carried out in relation to a consumer contract dispute started before the prohibition in section 293(1) came into force.
7
For the purposes of subsections (4) and (6) ADR is to be taken as starting when the dispute is referred—
a
to the person who made the special ADR arrangements in accordance with the person’s rules or procedures, or
b
to the person carrying out the ADR under the special ADR arrangements, in accordance with the person’s rules or procedures,
whichever occurs first.
8
The duty in section 308(3) does not apply in relation to a consumer’s complaint if it was received by the trader before the coming into force of section 308.