4. How widely does the scheme cover the industry, e.g. number of participants, proportion of market share, etc? Is the industry association representative of a large proportion of the industry?

5. Is the industry cohesive, i.e. characterised by common interests, such as similar relationships between firms, customers and suppliers?

6. What is the level of competition in the market? What effect does the scheme have on competition and innovation in the industry?

7. At what stage is the industry - is the market mature? Is it a new industry which is trying to build confidence in the industry?

8. What is the extent of market failure or potential harm in the industry? Is there a risk of serious harm to consumers, e.g. public health and safety?

Describe the benefits to industry and consumers of participating in the scheme:

9. What incentives, in the context of the market and industry circumstances, does the scheme provide to encourage firms to join and comply?

10. What additional benefits does the scheme provide to consumers above those already available in law?

11. Does the scheme recognise members' relationship with the wider community/social responsibility? How?

Content of the Scheme

Describe the type of scheme adopted:

12. What are the objectives, purpose and scope of the scheme? Is this clear from the scheme documentation?

13. Does the scheme provide clear rules setting out the rights and responsibilities of all parties? Are the rules flexible?

14. Do the rules reflect the objectives of the scheme?

15. Are the rules accessible and easily understood by all parties?

16. Is the type of scheme suited to the industry and the market?

Describe how the scheme was developed:

17. Who was responsible for development of the scheme?

18. What consultation process was undertaken in the development of the scheme? Were all relevant parties (consumers, industry, government, regulators) consulted?

19. What issues were identified during consultation? Were these issues appropriately considered in the development of the scheme?

Operation and Enforcement of the Scheme

Describe how the scheme is administered and monitored:

20. Does the scheme have a body for administration and monitoring? Is the administration and monitoring body adequately resourced?

21. How is the scheme's governing board constituted? Is the board independent of participating firms and the industry?

22. Does the scheme set out performance indicators against which it can be reviewed and monitored, e.g. the ongoing level of consumer satisfaction with the scheme, the behaviour of scheme members and the industry as a whole?

23. Are results of the monitoring published? How often?

24. Does the scheme engage in publicity and awareness raising, for both consumers and traders?

Describe how the scheme is enforced:

25. Does the scheme include procedures for disciplining non-complying members?

26. Are there sanctions to deal with behaviour of scheme members? Is there a range of sanctions to deal with different levels of non-compliance? Do the sanctions have teeth?

27. Are sanctions and disciplinary proceedings published?

Describe how the scheme assists resolution of consumers' complaints:

28. Describe the nature of consumer complaints in the industry, e.g. number, complexity, etc. Are existing complaints resolution mechanisms adequate/appropriate to address consumer complaints?

29. Does the scheme require members to have a fair internal complaints handling procedure?

30. Does the scheme include a complaints resolution body which is independent of participating firms and of the industry?

31. Is the size and scale of the complaints body appropriate to the type and number of complaints received?

32. Is the complaints resolution body accessible, independent, fair, accountable, efficient and effective?

Discussion Questions

Does the evaluation template accurately capture the issues in evaluating effective industry-led regulation?

Are additional questions necessary to elicit information that would be important in evaluating the effectiveness of a scheme? Are some questions unnecessary?

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Review of Industry-Led Regulation

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