Textual Amendments
F1Sch. 3 inserted (12.10.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 6 para. 3; S.I. 2007/2934, art. 3, Sch.
1U.K.A redress scheme may be approved for the purposes of section 23A by the OFT acting in accordance with paragraphs 2 to 8.
2(1)A scheme may not be approved unless the OFT considers that—U.K.
(a)the provisions of the scheme; and
(b)the manner in which it will be operated (so far as can be judged from facts known to the authority);
are satisfactory for the purposes of section 23A.
(2)Without prejudice to the generality of sub-paragraph (1), a scheme must not be approved unless the OFT considers that it makes satisfactory provision about—
(a)the complaints which may be made under the scheme (which may include complaints about non-compliance with the provisions of a code of practice or other document);
(b)the ombudsman's duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a particular complaint);
(c)the redress which the ombudsman may require members to provide to complainants, which must include the types of redress specified in sub-paragraph (3);
(d)the enforcement of any requirement to provide redress imposed on a member in accordance with the scheme.
(3)The types of redress mentioned in sub-paragraph (2)(c) are—
(a)providing an apology or explanation;
(b)paying compensation; and
(c)taking such other actions in the interests of the complainant as the ombudsman may specify.
3(1)In determining whether a scheme, or any provisions mentioned in paragraph 2(2), are satisfactory the OFT must have regard to—U.K.
(a)the interests of members of the scheme and of sellers and buyers of residential properties; and
(b)such principles as—
(i)in the opinion of the OFT constitute generally accepted principles of best practice in relation to consumer redress schemes, and
(ii)it is reasonable to regard as applicable to the scheme.
(2)In considering the interests mentioned in sub-paragraph (1)(a), the OFT may have regard to the number of other redress schemes which are (or are likely to become) approved redress schemes.
4U.K.The OFT must not approve a scheme unless it considers that the scheme makes satisfactory provision about the provision of information by the ombudsman or the scheme administrator to—
(a)persons exercising functions under other approved schemes;
(b)persons exercising functions under other consumer redress schemes; and
(c)the OFT or any other person exercising regulatory functions in relation to the activities of persons engaging in estate agency work.
5U.K.The OFT must not approve a scheme if it considers that the scheme provides for membership to be revoked on any unfair grounds.]