The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend EU-derived domestic legislation (“the relevant legislation”) which implements Directive 2013/11/EU on alternative dispute resolution for consumer disputes. The relevant legislation extends time limits for bringing legal action where, at the expiry of the time limit in question, the parties in a dispute brought by a consumer against a trader are engaged in non-binding alternative dispute resolution (ADR). These Regulations remove references to the Directive with the effect that the time limits will only be extended for ADR in which the consumer is resident in the United Kingdom and uses the services of an ADR provider which is authorised under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542).

These Regulations substantively reflect the amendments made to section 140AA of the Equality Act 2010 (c. 15) by regulation 5 of the Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305) (“the Equality Exit Regulations”). Regulation 6 of these Regulations, in turn, amends the Equality Exit Regulations for consistency.

Part 4 of these Regulations ensures that any extension of a time limit arising as a result of ADR proceedings started before these Regulations come into force is unaffected by these Regulations. Regulation 6(3) inserts an equivalent transitional provision into the Equality Exit Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is available with these Regulations on www.legislation.gov.uk. Copies have been placed in the Libraries of both Houses of Parliament.