Digital Markets, Competition and Consumers Act 2024 (Alternative Dispute Resolution) (Conferral of Functions) Regulations 2026

Lord Sharpe of Epsom Excerpts

Wednesday 25th February 2026 Grand Committee

[Lord Fox (LD)]

My Lords, I am grateful to the Minister for his introduction, which was very clear, and to the noble Lord, Lord Stevenson, who asked some of the questions I was going to ask, which is good. I too worked on the Digital Markets, Competition and Consumers Act 2024. It seems longer ago than 2024, and it took a bit of dredging up to come back to this.

In general, we welcome the idea of strengthening the ADR process and how that might then get more people to use it, rather than go into more lengthy disputes —we can talk about that at the end. In the past, as we hear, there was a voluntary registration system, and it would be interesting to hear about the number of practitioners—it would be useful to know the scale—who will need to be registered. Of those, how many were already registered? Do the ones who are currently registered, having volunteered to register, have to reregister themselves and go through another process? What is the scale of the number of dispute resolution operations that will have to be registered? What is the actual process of registration? Is it, “Fill in this online form and you get your registration certificate over the internet”, or are there four-day visits from 15 inspectors—or is it somewhere between that and Ofsted? There is no sense of the scale of what getting registered will mean or indeed of what the cost of getting registered will be.

We need some sense of the scale of the task that the CTSI will have to undertake, which then raises the question: does the CTSI have the capacity to pick this job up? There will be a big fat bulge of people needing to be dealt with at the front end of this. What happens in the meantime? If I were a currently registered or unregistered practitioner and I put my application into the CTSI, would I not then be able to trade until such time as I had my registration, or is there a grace period through which I could continue to operate until the CTSI had sufficient resources to deal with my case? How does the conveyor belt work and will the CTSI have sufficient capacity to handle what will be a really heavy workload at the front, which will obviously then tail off?

The Minister talked about monitoring, which is an interesting concept. What is the CTSI? It is a group of people. How will they monitor these cases? What data will they use? How will they monitor the process? Will they require certain documentation from their registrants on a regular basis? Will a reregistration process be required after five years, three years or whatever? The monitoring is an important element, but it is not clear to me whether the CTSI has experience in any of this kind of process. It is not an organisation that I know and I do not wish to cast aspersions on it—I am not—but I wonder about it, because it is being thrust into a whole new set of operations.

Will there be a process that can be led, which puts together a register of what these businesses are and promotes that register so that people who are in dispute have somewhere to go? Frankly, if I was in dispute, I would not know off the top of my head that there was an ADR process or where to go to get sufficient help with it. Who has accountability for promoting the process and getting people to use it? Obviously, it is preferable to clogging up the courts with endless cases. As is often the case, in principle this is great but the practice is still a bit mysterious, so I would welcome some answers to those questions.

[Lord Sharpe of Epsom (Con)]

My Lords, I was not involved in the 2024 Act, so—to no doubt universal relief—I shall be very brief. As the Minister explained, the statutory instruments implement Chapter 4 of the Digital Markets, Competition and Consumers Act 2024, by replacing the voluntary accreditation system for alternative dispute resolution providers with a mandatory framework. It grants the Chartered Trading Standards Institute the powers necessary to accredit, monitor and, where necessary, sanction ADR providers and it introduces reporting requirements to ensure transparency and accountability.

I am interested in the answers that I am sure the Minister has ready for the noble Lord, Lord Fox, who raised some interesting practical points. I am also extremely interested to hear what a “durable medium” is.

[Lord Fox (LD)]

It is carved in stone.

[Lord Sharpe of Epsom (Con)]

Paper is not that durable in fire or water, so are we talking stone tablets, or vellum, perhaps? I am very curious to know the answer to the question from the noble Lord, Lord Stevenson.

Obviously, alternative dispute resolution plays an important role in enabling consumers to resolve disputes quickly and without recourse to the courts, so a clear and enforceable accreditation framework should strengthen confidence in that system. On that basis, His Majesty’s loyal Opposition are happy to support these instruments.