# The Competition Act 1998 (Redress Scheme) Regulations 2015, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations set out how the Competition and Markets Authority (“CMA”) and sectoral regulators (defined in section 54(1) of the Competition Act 1998) must consider applications for approval of a redress scheme under section 49C of the Competition Act 1998.
An applicant for approval of a redress scheme must apply in writing to the CMA with a summary of the proposed scheme (regulation 3).
Save for where the CMA is approving the scheme at the same time as the related infringement decision, the CMA may approve a redress scheme only if it has been devised in accordance with regulation 5 and contains all the information required by regulation 6 and all the terms required by regulation 7 (regulation 4(1)).
Where the CMA approves the scheme at the same time as it reaches an infringement decision, the applicant must provide information as to when the requirements of regulation 4(1) will be fulfilled and the CMA must be satisfied that any conditions imposed will ensure the requirements of that regulation will be complied with (regulation 4(2)).
Regulation 8 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before 1st October 2020 and every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.
The impact assessment for private actions provisions of the Consumer Rights Bill, contains an assessment of the effect of alternative dispute resolution and can be found at the website: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/69124/13-502-private-actions-in-competition-law-a-consultation-on-options-for-reform-final-impact.pdf. No separate impact assessment has been produced as no significant impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2015/1587/note (the official version)
Page: https://openlegislation.uk/competition-act-1998-redress-scheme-regulations-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.