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Valid from 16/06/2006
Textual Amendments
F1Sch. 17 Pt. 3A inserted (16.6.2006) by Consumer Credit Act 2006 (c. 14), ss. 59(2), 71(2), Sch. 2; S.I. 2006/1508, art. 3(1), Sch. 1
16B(1)Consumer credit rules—U.K.
(a)must provide that a complaint is not to be entertained unless the complainant has referred it under the ombudsman scheme before the applicable time limit (determined in accordance with the rules) has expired;
(b)may provide that an ombudsman may extend that time limit in specified circumstances;
(c)may provide that a complaint is not to be entertained (except in specified circumstances) if the complainant has not previously communicated its substance to the respondent and given him a reasonable opportunity to deal with it;
(d)may make provision about the procedure for the reference of complaints and for their investigation, consideration and determination by an ombudsman.
(2)Sub-paragraphs (2) and (3) of paragraph 14 apply in relation to consumer credit rules under sub-paragraph (1) of this paragraph as they apply in relation to scheme rules under that paragraph.
(3)Consumer credit rules may require persons falling within sub-paragraph (6) to establish such procedures as the scheme operator considers appropriate for the resolution of complaints which may be referred to the scheme.
(4)Consumer credit rules under sub-paragraph (3) may make different provision in relation to persons of different descriptions or to complaints of different descriptions.
(5)Consumer credit rules under sub-paragraph (3) may authorise the scheme operator to dispense with or modify the application of such rules in particular cases where the scheme operator—
(a)considers it appropriate to do so; and
(b)is satisfied that the specified conditions (if any) are met.
(6)A person falls within this sub-paragraph if he is licensed by a standard licence (within the meaning of the Consumer Credit Act 1974) to carry on to any extent a business of a type specified in an order under section 226A(2)(e) of this Act.]