[F12(1)A scheme may not be approved unless the [F2lead enforcement authority] 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 [F3lead enforcement authority] 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.]
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.
F2Words in Sch. 3 para. 2(1) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(14)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
F3Words in Sch. 3 para. 2(2) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(14)(b) (with Sch. 1 para. 28, 2 paras. 13-15)