C4C5 Part XVI The Ombudsman Scheme
Pt. 16 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)
The scheme
225 The scheme and the scheme operator.
1
This Part provides for a scheme under which certain disputes may be resolved quickly and with minimum formality by an independent person.
2
The scheme is to be administered by a body corporate (“the scheme operator”).
3
The scheme is to be operated under a name chosen by the scheme operator but is referred to in this Act as “the ombudsman scheme”.
4
Schedule 17 makes provision in connection with the ombudsman scheme and the scheme operator.
C1I1226 Compulsory jurisdiction.
1
A complaint which relates to an act or omission of a person (“the respondent”) in carrying on an activity to which compulsory jurisdiction rules apply is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.
C22
The conditions are that—
a
the complainant is eligible and wishes to have the complaint dealt with under the scheme;
b
c
the act or omission to which the complaint relates occurred at a time when compulsory jurisdiction rules were in force in relation to the activity in question.
3
“Compulsory jurisdiction rules” means rules—
a
made by the F3FCA for the purposes of this section; and
b
specifying the activities to which they apply.
4
Only activities which are regulated activities, or which could be made regulated activities by an order under section 22, may be specified.
5
Activities may be specified by reference to specified categories (however described).
6
A complainant is eligible, in relation to the compulsory jurisdiction of the ombudsman scheme, if he falls within a class of person specified in the rules as eligible.
7
The rules—
a
may include provision for persons other than individuals to be eligible; but
b
may not provide for authorised persons to be eligible except in specified circumstances or in relation to complaints of a specified kind.
8
The jurisdiction of the scheme which results from this section is referred to in this Act as the “compulsory jurisdiction”.
F5226AConsumer credit jurisdiction
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I2227 Voluntary jurisdiction.
1
A complaint which relates to an act or omission of a person (“the respondent”) in carrying on an activity to which voluntary jurisdiction rules apply is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.
C32
The conditions are that—
a
the complainant is eligible and wishes to have the complaint dealt with under the scheme;
b
at the time of the act or omission to which the complaint relates, the respondent was participating in the scheme;
c
at the time when the complaint is referred under the scheme, the respondent has not withdrawn from the scheme in accordance with its provisions;
d
the act or omission to which the complaint relates occurred at a time when voluntary jurisdiction rules were in force in relation to the activity in question; and
e
the complaint cannot be dealt with under the compulsory jurisdiction F6....
3
“Voluntary jurisdiction rules” means rules—
a
made by the scheme operator for the purposes of this section; and
b
specifying the activities to which they apply.
4
The only activities which may be specified in the rules are activities which are, or could be, specified in compulsory jurisdiction rules.
5
Activities may be specified by reference to specified categories (however described).
6
The rules require the F4FCA's approval.
7
A complainant is eligible, in relation to the voluntary jurisdiction of the ombudsman scheme, if he falls within a class of person specified in the rules as eligible.
8
The rules may include provision for persons other than individuals to be eligible.
9
A person qualifies for participation in the ombudsman scheme if he falls within a class of person specified in the rules in relation to the activity in question.
10
Provision may be made in the rules for persons other than authorised persons to participate in the ombudsman scheme.
11
The rules may make different provision in relation to complaints arising from different activities.
12
The jurisdiction of the scheme which results from this section is referred to in this Act as the “voluntary jurisdiction”.
13
In such circumstances as may be specified in voluntary jurisdiction rules, a complaint—
a
which relates to an act or omission occurring at a time before the rules came into force, and
b
which could have been dealt with under a scheme which has to any extent been replaced by the voluntary jurisdiction,
is to be dealt with under the ombudsman scheme even though paragraph (b) or (d) of subsection (2) would otherwise prevent that.
14
In such circumstances as may be specified in voluntary jurisdiction rules, a complaint is to be dealt with under the ombudsman scheme even though—
a
paragraph (b) or (d) of subsection (2) would otherwise prevent that, and
b
the complaint is not brought within the scheme as a result of subsection (13),
but only if the respondent has agreed that complaints of that kind were to be dealt with under the scheme.
Pt. 16 applied (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 125 (with reg. 3)