SCHEDULES

C3C4SCHEDULE 17 The Ombudsman Scheme

Annotations:
Modifications etc. (not altering text)
C3

Sch. 17 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)

Part III The Compulsory Jurisdiction

Authority’s procedural rules

C1C213

1

The Authority must make rules providing 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.

2

The rules may provide that an ombudsman may extend that time limit in specified circumstances.

3

The Authority may make rules providing 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.

4

The Authority may make rules requiring an authorised person F1, F2an electronic money issuer within the meaning of the Electronic Money Regulations 2011 or a payment service provider within the meaning of the Payment Services Regulations 2009, who may become subject to the compulsory jurisdiction as a respondent to establish such procedures as the Authority considers appropriate for the resolution of complaints which—

a

may be referred to the scheme; and

b

arise out of activity to which the Authority’s powers under Part X do not apply.