OpenLegislation

Section 1B Extension of limitation periods because of alternative dispute resolution in certain consumer contract disputesF1F16

England and Wales

(F21)

In this section—

  • “ADR” has the same meaning as in Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;

  • “ADR entity” means a person who carries out ADR in compliance with section 293(1) of that Act (which prohibits persons from carrying out ADR unless exempt, accredited, or acting under special ADR arrangements, in accordance with Chapter 4 of Part 4 of that Act);

  • “consumer contract dispute” has the same meaning as in Chapter 4 of Part 4 of that Act.

(2)

Subsection (3) applies where—

(a)

a limitation period prescribed by any law applicable by virtue of section 1(1)(a) relates to the subject of the whole or part of a F3consumer contract dispute;

(b)

F4ADR in relation to the F5consumer contract dispute starts before the period expires; and

(c)

if not extended by this section, the period would expire before F6the ADR ends or less than eight weeks after it ends.

(3)

For the purposes of initiating judicial proceedings, the limitation period expires instead at the end of eight weeks after F7the ADR ends (subject to subsection (4)).

(4)

If a limitation period has been extended by this section, subsections (2) and (3) apply to the extended limitation period as they apply to a limitation period mentioned in subsection (2)(a).

(5)

For the purposes of this section, F8ADR starts in relation to a F9consumer contract dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints.

(6)

For the purposes of this section, F10the ADR ends on the date of the first of these to occur—

(a)

the parties reach an agreement in resolution of the F11consumer contract dispute;

(b)

a party completes the notification of the other parties that it has withdrawn from the ADR;

(c)

a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d)

the ADR entity notifies the party that submitted the consumer contract dispute to the ADR entity that in accordance with its policy, the ADR entity refuses to deal with the consumer contract dispute;

(e)

after the parties are notified that the ADR entity can no longer act in relation to the consumer contract dispute (for whatever reason), the parties fail to agree within 14 days to submit the dispute to an alternative ADR entity;

(f)

the ADR otherwise comes to an end pursuant to the rules of the ADR entity.

(7)

For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with F12the ADR.

(8)

In the case of any F13consumer contract dispute , references in this section to F14ADR are references to F15the ADR so far as it relates to that dispute, and references to a party are to be read accordingly.

(9)

This section is without prejudice to any enactment which has effect for the purposes of provisions—

(a)

relating to limitation or prescription periods, and

(b)

contained in an international agreement to which the United Kingdom is a party.

Annotations

Textual amendments

F1

S. 1B inserted (9.7.2015) by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392), regs. 1(2), 5(3) (with reg. 1(3))

F2

S. 1B(1) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(3); S.I. 2026/284, regs. 1(2), 2(1)(5)

F3

Words in s. 1B(2)(a) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(4)(a); S.I. 2026/284, regs. 1(2), 2(1)(5)

F4

Word in s. 1B(2)(b) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(5)(a); S.I. 2026/284, regs. 1(2), 2(1)(5)

F5

Words in s. 1B(2)(b) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(4)(a); S.I. 2026/284, regs. 1(2), 2(1)(5)

F6

Words in s. 1B(2)(c) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(6)(a); S.I. 2026/284, regs. 1(2), 2(1)(5)

F7

Words in s. 1B(3) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(6)(b); S.I. 2026/284, regs. 1(2), 2(1)(5)

F8

Word in s. 1B(5) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(5)(b); S.I. 2026/284, regs. 1(2), 2(1)(5)

F9

Words in s. 1B(5) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(4)(b); S.I. 2026/284, regs. 1(2), 2(1)(5)

F10

Words in s. 1B(6) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(6)(c); S.I. 2026/284, regs. 1(2), 2(1)(5)

F11

Words in s. 1B(6) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(4)(c); S.I. 2026/284, regs. 1(2), 2(1)(5)

F12

Words in s. 1B(7) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(6)(d); S.I. 2026/284, regs. 1(2), 2(1)(5)

F13

Words in s. 1B(8) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(4)(d); S.I. 2026/284, regs. 1(2), 2(1)(5)

F14

Word in s. 1B(8) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(5)(c); S.I. 2026/284, regs. 1(2), 2(1)(5)

F15

Words in s. 1B(8) substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(6)(e); S.I. 2026/284, regs. 1(2), 2(1)(5)

F16

Words in s. 1B heading substituted (6.4.2026) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 27 para. 3(2); S.I. 2026/284, regs. 1(2), 2(1)(5)