Legislation – Digital Markets, Competition and Consumers Act 2024
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Part 4Consumer rights and disputes
Chapter 4Alternative dispute resolution for consumer contract disputes
Provision of Information etc
303ADR information regulations
(1)
The Secretary of State may by regulations require persons of a specified description (being persons within subsection (2))—
(a)
to provide ADR information to the Secretary of State;
(b)
to provide ADR information to a person with functions conferred by regulations under section 307;
(c)
to provide ADR information to consumers by publishing it.
(2)
Regulations under this section may impose requirements on—
(a)
accredited ADR providers,
(b)
exempt ADR providers,
(c)
persons (not being accredited or exempt ADR providers) who carry out ADR under special ADR arrangements,
(e)
regulators, but only in relation to relevant ADR information (see section 306(2)).
(3)
The power to impose requirements under subsection (1)(a) or (b) may only be exercised for the purpose of enabling or facilitating one or more of the following—
(a)
publication of ADR information for the benefit of consumers;
(b)
monitoring or evaluation of the operation of the system of accreditation under this Chapter;
(c)
monitoring or evaluation of the provision and quality of ADR carried out in the United Kingdom.
(4)
It is immaterial for the purposes of subsection (3) whether the publication, monitoring or evaluation is carried out by the Secretary of State, by a person with functions conferred by regulations under section 307 or by any other person acting under arrangements made with that other person by the Secretary of State or a person with such functions.
(5)
Regulations under this section may provide for—
(a)
the ADR information to be provided or published;
(b)
the manner in which it is to be provided or published;
(c)
the intervals or times at which it is to be provided or published;
(d)
time limits for providing or publishing it.
(6)
Regulations under this section are subject to the negative procedure.
304ADR information directions
(1)
The Secretary of State may give a direction to any person falling within subsection (2) requiring the person to provide ADR information to the Secretary of State.
(2)
A direction may be given to—
(a)
an accredited ADR provider,
(b)
an exempt ADR provider,
(c)
a person (not being an accredited or exempt ADR provider) who carries out ADR under special ADR arrangements,
(d)
a person who has been an accredited or exempt ADR provider or a person mentioned in paragraph (c), or
(e)
a regulator, but only in relation to relevant ADR information (see section 306(2)).
(3)
A direction may only be given—
(a)
for the purpose of enabling or facilitating one or more of the following (whether done by the Secretary of State or by another person under arrangements made with the Secretary of State)—
(i)
publication of ADR information for the benefit of consumers;
(ii)
monitoring or evaluation of the operation of the system of accreditation under this Chapter;
(iii)
monitoring or evaluation of the provision and quality of ADR carried out in the United Kingdom, or
(b)
for any other purpose connected with the exercise of the Secretary of State’s functions under this Chapter.
(4)
A direction may provide for—
(a)
the ADR information to be provided;
(b)
the manner in which it is to be provided;
(c)
time limits for providing it.
(5)
A person to whom a direction is given must so far as reasonably practicable comply with it.
(6)
The duty to comply with a direction is enforceable by the Secretary of State in civil proceedings—
(a)
for an injunction,
(b)
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c)
for any other appropriate remedy or relief.
(7)
In this section “direction” means a direction under this section.
305Disclosure of ADR information by the Secretary of State
(1)
This section applies to any ADR information relating to ADR providers which—
(a)
is provided to the Secretary of State in response to regulations under section 303 or a direction under section 304, or
(b)
is otherwise held by the Secretary of State for the purposes of any function of the Secretary of State under this Chapter.
(2)
The Secretary of State may publish information to which this section applies for the purpose of providing information to consumers.
(3)
The Secretary of State may disclose information to which this section applies—
(a)
to any Minister of the Crown, government department or devolved authority;
(b)
to a regulator;
(c)
to a public designated enforcer (see section 151).
(4)
This section does not affect any power to disclose information apart from this section.
(5)
In this section “devolved authority” means the Welsh Ministers, the Scottish Ministers or a Northern Ireland Department.
306Meaning of “ADR information” and other terms in sections 303 to 305
(1)
In sections 303 to 305 “ADR information” means any information about or relating to—
(a)
an ADR provider,
(b)
ADR carried out by an ADR provider,
(c)
special ADR arrangements made by an ADR provider.
(2)
In those sections “relevant ADR information”, in relation to requirements imposed on a regulator, means any information about or relating to—
(a)
ADR carried out by a relevant ADR provider,
(b)
special ADR arrangements made by a relevant ADR provider,
(c)
ADR carried out by ADR providers acting under special ADR arrangements made by a relevant ADR provider, or
(d)
anything done by the regulator which directly or indirectly affects a relevant ADR provider so far as relating to anything falling within paragraphs (a) to (c).
(3)
In subsection (2) “relevant ADR provider”, in relation to a regulator, means an accredited or exempt ADR provider—
(a)
who is subject to regulation by the regulator, or
(b)
whose activities (as an ADR provider) relate to consumer contract disputes involving traders acting in an area for which the regulator has responsibility or oversight under any legislation.
(4)
In this section—
(a)
a reference to information about ADR carried out by an ADR provider includes, in the case of ADR carried out by an accredited or exempt ADR provider, information about fees charged to consumers or traders in respect of carrying out ADR, and
(b)
a reference to information about special ADR arrangements includes information about fees charged to consumers or traders by the ADR provider who made the arrangements.
(5)
In this section references to ADR carried out by an ADR provider include ADR to be carried out by the provider.
(6)
In this section and sections 303 to 305, “regulator” means a person who has responsibility for, or oversight of, an area of activity by virtue of any legislation.