Postal Services Bill (HL Bill 66)

(a) all reasonable steps, and

(b) 30exercised all due diligence,

to avoid contravening the condition in question.

Section 50

SCHEDULE 5 Approval of redress schemes

Approval of redress schemes

1 (1) 35In deciding whether to approve a redress scheme, OFCOM must have
regard to—

(a) the provisions of the scheme,

(b) the manner in which the scheme will be operated (so far as that can
be judged from the facts known to OFCOM),

(c) the interests of users of postal services (including, in particular, the
number of other redress schemes which are, or are likely to be,
approved), and

(d) applicable best practice.

(2) 5“Applicable best practice” means the principles—

(a) which, in OFCOM’s opinion, constitute generally accepted
principles of best practice in relation to schemes for providing
redress to consumers, and

(b) which it is reasonable to regard as applicable to the scheme.

(3) 10OFCOM must not approve a redress scheme unless—

(a) the membership of the scheme is open to all postal operators,

(b) the independent adjudicator may require members of the scheme to
provide complainants with the minimum types of redress (whether
or not other types of redress are available), and

(c) 15OFCOM consider that the scheme makes satisfactory provision
about the matters listed in sub-paragraph (6).

(4) Sub-paragraph (3)(a) is not to be read as preventing OFCOM from
approving a redress scheme that contains provision as to the expulsion of its
members.

(5) 20The minimum types of redress are—

(a) providing an apology or explanation,

(b) paying compensation, and

(c) taking such other action in the interests of the complainant as the
independent adjudicator may specify.

(6) 25The matters are—

(a) the matters about which complaints may be made (which may
include contravention of a code of practice or other document),

(b) the independent adjudicator’s duties and powers in relation to the
investigation and determination of complaints (which may include
30power to decide not to investigate or determine a complaint),

(c) the enforcement of any requirement to provide redress imposed on
a member of the scheme,

(d) the acceptance and handling of complaints transferred from redress
schemes which have their approval withdrawn under paragraph 2,
35and

(e) the provision of information by the independent adjudicator to the
persons within sub-paragraph (7) (and, in the case of persons within
sub-paragraph (7)(e) and (f), for the purposes mentioned there).

(7) The persons are—

(a) 40OFCOM,

(b) persons carrying out functions under other redress schemes that
apply to postal operators,

(c) the National Consumer Council,

(d) the Secretary of State,

(e) 45the Office of Fair Trading, for the purposes of any public consumer
advice scheme supported by it, and

(f) persons who operate a public consumer advice scheme supported by
the Office of Fair Trading, for the purposes of that scheme.