UK Statutory Instrument 2015 United Kingdom

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

What this means for your business

8 obligations
1 guides
Applies to
United Kingdom
On this page
8 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

8 compliance obligations under this legislation.

Management duties 3

Address compliance notice and restore ADR approval

If the regulator tells your ADR business that you no longer meet a Schedule 3 requirement, you must fix the issue promptly and be back in compliance within three months (or sooner). If you fail to do so, the authority can withdraw your approval and remove you from the official list of approved ADR providers.

Trader/Business s.13 CMA Receiving a written notice from the competent authority that identifies a Schedule …

Cooperate with other ADR providers and regulators

If your business provides an Alternative Dispute Resolution (ADR) service, you must regularly exchange best‑practice ideas with other ADR providers and work with the competition and consumer enforcement bodies. This includes sharing information about sectors where consumers repeatedly complain, so regulators can spot trends and take action.

Trader/Business The ADR entity’s duty to cooperate CMA

Operate your consumer ADR service to meet regulator standards

If your business provides alternative dispute resolution (ADR) for consumer complaints, you must run it in a way that is independent, transparent and accessible. This includes keeping an up‑to‑date website with full information, allowing complaints online or by post, ensuring ADR officials are qualified and impartial, having a clear conflict‑of‑interest policy, and notifying parties of outcomes within 90 days (or a longer period if the case is very complex).

Trader/Business Schedule 3 CMA

Notifications 1

Make the ADR list publicly available

If your business provides Alternative Dispute Resolution (ADR) services, you must ensure the official list of all approved ADR providers is easy for the public to find. This means linking to the Secretary of State’s list on your website and, where practical, having a printed copy available at your premises for anyone who asks.

Trader/Business s.14 CMA

Other requirements 1

Provide ADR information to consumers

If your business is required to use an alternative dispute resolution (ADR) scheme, you must put the ADR provider’s name and website on your own website (if you have one) and in any standard contract terms you use. When a consumer complaint reaches the point where you can’t resolve it internally, you must tell the consumer in writing (or another durable medium) that you can’t settle, give the ADR provider’s details and say whether you will take part in its process.

Trader/Business s.19 CMA When you are required (by law, a trade‑association rule or a contract …

Registration and licensing 1

Apply to become an ADR entity and provide required information

If you want your business to be recognised as an Alternative Dispute Resolution (ADR) provider for consumer disputes, you must submit an application to the relevant competent authority. You need to include all the information set out in Schedule 2 and any extra details the authority asks for, and show that you meet (or will meet) the requirements in Schedule 3. The authority will then give you a written decision, either approving or rejecting your application.

Trader/Business s.9 CMA when you apply to become an ADR entity

Reporting and filing 2

Include required data in your ADR annual activity report

If your business provides Alternative Dispute Resolution (ADR) services, you must produce an annual activity report that contains specific statistics – the number and types of domestic disputes you handled, any recurring problems you identified, your recommendations for traders, refusals, discontinued cases, average resolution time and compliance rates. This information has to be compiled and published each year.

Trader/Business Schedule 5 CMA Annually

Submit updates and annual reports to the regulator

If you run an ADR service, you must tell the regulator in writing as soon as any of the information you originally provided to them changes. You also need to publish an annual activity report on your website each year, and every two years you must send a more detailed report to the regulator, both in the format they request.

Trader/Business s.11 CMA

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

26 classified provisions from this legislation.

Duties 11

  • s.2 Review
  • Schedule 3 Requirements that a competent authority must be satisfied that the person meets
  • Schedule 5 Information to be included in an ADR entity's annual activity report
  • s.9 Assessment of application to become an ADR entity
  • s.10 Listing of ADR entities
  • s.11 Ongoing information obligations of an ADR entity
  • s.12 Ongoing assessment of an ADR entity
  • s.13 Removal of approval
  • s.14 Notification of the consolidated ADR entity list
  • s.19 Consumer information by traders information requirements applicable
  • The ADR entity’s duty to cooperate The ADR entity’s duty to cooperate

Powers 2

  • s.15 Fees payable to the Secretary of State
  • s.18 Functions of the Secretary of State

Definitions 3

  • s.4 “ ADR entity” ADR entity
  • s.6 Interpretation
  • s.8 Functions and designation of competent authorities

Exemptions 3

  • s.7 Contracts to which these Regulations do not apply
  • Binding outcome requirements Binding outcome requirements
  • Fees payable to the Financial Conduct Authority Fees payable to the Financial Conduct Authority