|
| |
| |
General conditions: customer interests | |
48 Conditions relating to customer interests | |
(1) It shall be the duty of OFCOM to set such general conditions (if any) as they | |
consider appropriate for securing that— | |
(a) public communications providers, or | 5 |
(b) such descriptions of them as OFCOM consider appropriate, | |
establish and maintain procedures, standards and policies with respect to the | |
matters mentioned in subsection (2). | |
(2) Those matters are— | |
(a) the handling of complaints made to public communications providers | 10 |
by any of their domestic and small business customers; | |
(b) the resolution of disputes between such providers and any of their | |
domestic and small business customers; | |
(c) the provision of remedies and redress in respect of matters that form | |
the subject-matter of such complaints or disputes; | 15 |
(d) the information about service standards and about the rights of | |
domestic and small business customers that is to be made available to | |
those customers by public communications providers; | |
(e) any other matter appearing to OFCOM to be necessary for securing | |
effective protection for the domestic and small business customers of | 20 |
such providers. | |
(3) It shall be the duty of OFCOM, in setting conditions in accordance with | |
subsection (1), to secure so far as they consider appropriate— | |
(a) that the procedures established and maintained for the handling of | |
complaints and the resolution of disputes are easy to use, transparent | 25 |
and effective; | |
(b) that domestic and small business customers have the right to use those | |
procedures free of charge; and | |
(c) that where public communications providers are in contravention of | |
conditions set in accordance with the preceding provisions of this | 30 |
section, the providers follow such procedures as may be required by | |
the general conditions. | |
(4) Subject to section 51, OFCOM’s duties under subsections (1) and (3) so far as | |
relating to procedures for the handling of complaints are to be performed, to | |
such extent as they consider appropriate, by the setting of general conditions | 35 |
requiring public communications providers to establish and maintain | |
procedures that conform with a code of practice which is— | |
(a) applicable to the providers to whom the conditions apply; and | |
(b) for the time being approved by OFCOM for the purposes of this | |
subsection. | 40 |
(5) Subject to section 51, OFCOM’s duties under subsections (1) and (3) so far as | |
relating to procedures for resolving disputes are to be performed, to such | |
extent as they consider appropriate, by the setting of general conditions | |
requiring public communications providers— | |
(a) to establish and maintain procedures for resolving disputes; and | 45 |
(b) to secure that those procedures are, and continue to be, approved by | |
OFCOM. | |
| |
| |
|
| |
| |
(6) In this section “domestic and small business customer”, in relation to a public | |
communications provider, means a customer of that provider who is neither— | |
(a) himself a communications provider; nor | |
(b) a person who is such a customer in respect of an undertaking carried on | |
by him for which more than ten individuals work (whether as | 5 |
employees or volunteers or otherwise). | |
49 Approval of codes of practice for the purposes of s. 48 | |
(1) Where a code of practice is submitted to OFCOM for approval, they shall | |
approve that code if and only if, in their opinion, it makes all such provision as | |
they consider necessary in relation to the matters dealt with in the code for the | 10 |
protection of the domestic and small business customers of the public | |
communications providers to whom the code applies. | |
(2) It shall be the duty of OFCOM to keep under review the codes of practice for | |
the time being approved by them. | |
(3) OFCOM may at any time, by a notification given or published in such manner | 15 |
as they consider appropriate— | |
(a) approve modifications that have been made to an approved code; | |
(b) withdraw their approval from a code; or | |
(c) give notice that the withdrawal of their approval will take effect from | |
such time as may be specified in the notification unless such | 20 |
modifications of the code as are specified in the notification are made | |
before that time. | |
(4) In considering— | |
(a) whether to approve a code of practice, or | |
(b) whether or in what manner to exercise their powers under subsections | 25 |
(2) and (3) of this section, | |
OFCOM must have regard to the matters mentioned in subsection (5). | |
(5) Those matters are— | |
(a) the need to secure that customers are able readily to comprehend the | |
procedures that are provided for by an approved code of practice; | 30 |
(b) the need to secure that there is consistency between the different codes | |
for the time being approved by OFCOM; and | |
(c) the need to secure that the number of different codes so approved is | |
kept to a minimum. | |
(6) In this section— | 35 |
“approval” means approval for the purposes of section 48(4) and | |
“approve” and “approved” are to be construed accordingly; and | |
“domestic and small business customer” has the same meaning as in | |
section 48. | |
50 Approval of dispute procedures for the purposes of s. 48 | 40 |
(1) Before giving their approval to any dispute procedures, OFCOM must consult | |
the Secretary of State. | |
(2) OFCOM are not to approve dispute procedures unless they are satisfied that | |
the arrangements under which the procedures have effect— | |
| |
| |
|
| |
| |
(a) are administered by person who is for practical purposes independent | |
(so far as decisions in relation to disputes are concerned) of both | |
OFCOM and the communications providers to whom the | |
arrangements apply; | |
(b) give effect to procedures that are easy to use, transparent and effective; | 5 |
(c) give, in the case of every communications provider to whom the | |
arrangements apply, a right to each of his domestic and small business | |
customers to use the procedures free of charge; | |
(d) ensure that all information necessary for giving effect to the procedures | |
is obtained; | 10 |
(e) ensure that disputes are effectively investigated; | |
(f) include provision conferring power to make awards of appropriate | |
compensation; and | |
(g) are such as to enable awards of compensation to be properly enforced. | |
(3) OFCOM may approve dispute procedures subject to such conditions | 15 |
(including conditions as to the provision of information to OFCOM) as they | |
may think fit. | |
(4) It shall be the duty of OFCOM to keep under review the dispute procedures for | |
the time being approved by them. | |
(5) OFCOM may at any time, by a notification given or published in such manner | 20 |
as they consider appropriate— | |
(a) modify the conditions of their approval of any dispute procedures or | |
withdraw such an approval; or | |
(b) give notice that the modification of those conditions, or the withdrawal | |
of such an approval, will take effect from such time as may be specified | 25 |
in the notification unless the procedures (or the arrangements under | |
which they have effect) are modified before that time in the manner | |
required by the notification. | |
(6) In considering— | |
(a) whether to approve dispute procedures, or | 30 |
(b) whether or in what manner to exercise their powers under subsections | |
(3) to (5), | |
OFCOM must have regard to the matters mentioned in subsection (7). | |
(7) Those matters are— | |
(a) the need to secure that customers are able readily to comprehend | 35 |
dispute procedures; | |
(b) the need to secure that there is consistency between the different | |
procedures for the time being approved by OFCOM; and | |
(c) the need to secure that the number of different sets of procedures so | |
approved is kept to a minimum. | 40 |
(8) In this section— | |
“approval” means approval for the purposes of subsection (5) of section | |
48 and “approve” and “approved” are to be construed accordingly; | |
“dispute procedures” means any such procedures as may fall to be | |
approved for the purposes of that subsection; and | 45 |
“domestic and small business customer” has the same meaning as in | |
section 48. | |
| |
| |
|
| |
| |
51 Orders by OFCOM in the absence of conditions under s. 48 | |
(1) OFCOM may make an order under this section if, at any time, they consider in | |
relation to any one or more public communications providers— | |
(a) that it is not practicable, or at least not appropriate, for OFCOM’s duties | |
under subsections (1) and (3) of section 48 to be performed in a | 5 |
particular respect by the setting of general conditions; and | |
(b) that it is necessary to make the order for the purpose— | |
(i) of securing the necessary protection for the customers of that | |
provider or of those providers; or | |
(ii) of securing compliance with a Community obligation. | 10 |
(2) An order under this section may make such of the following provisions as | |
OFCOM think fit— | |
(a) provision imposing requirements with respect to the complaints and | |
disputes mentioned in section 48(2); | |
(b) provision for the enforcement of those requirements; | 15 |
(c) provision making other arrangements for the purposes of those | |
requirements. | |
(3) The power to make provision by an order under this section includes, in | |
particular— | |
(a) power to establish a body corporate with the capacity to make its own | 20 |
rules and to establish its own procedures; | |
(b) power to determine the jurisdiction of a body established by such an | |
order or, for the purposes of the order, of any other person; | |
(c) power to confer jurisdiction with respect to any matter on OFCOM | |
themselves; | 25 |
(d) power to provide for a person on whom jurisdiction is conferred by the | |
arrangements to make awards of compensation, to direct the | |
reimbursement of costs or expenses, or to do both; | |
(e) power to provide for such a person to enforce, or to participate in the | |
enforcement of, any awards or directions made under such an order; | 30 |
and | |
(f) power to make such other provision as OFCOM think fit for the | |
enforcement of such awards and directions. | |
(4) An order under this section may require such public communications | |
providers as may be determined by or under the order to make payments to | 35 |
OFCOM in respect of expenditure incurred by OFCOM in connection with— | |
(a) the establishment and maintenance, in accordance with such an order, | |
of a body corporate or of a procedure; or | |
(b) the making of any other arrangements for the purposes of the | |
requirements of such an order. | 40 |
(5) The consent of the Secretary of State is required for the making by OFCOM of | |
an order under this section. | |
(6) Section 388 applies to the power of OFCOM to make an order under under this | |
section. | |
(7) A statutory instrument containing an order made by OFCOM under this | 45 |
section shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament. | |
| |
| |
|
