SCHEDULES
C6C7 SCHEDULE 17 The Ombudsman Scheme
Sch. 17 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)
Part III The Compulsory Jurisdiction
The scheme operator’s rules
C1C2C3C8C9C1014
1
The scheme operator must make rules, to be known as “scheme rules”, which are to set out the procedure for reference of complaints and for their investigation, consideration and determination by an ombudsman.
2
Scheme rules may, among other things—
a
specify matters which are to be taken into account in determining whether an act or omission was fair and reasonable;
b
provide that a complaint may, in specified circumstances, be dismissed without consideration of its merits;
c
provide for the reference of a complaint, in specified circumstances and with the consent of the complainant, to another body with a view to its being determined by that body instead of by an ombudsman;
d
make provision as to the evidence which may be required or admitted, the extent to which it should be oral or written and the consequences of a person’s failure to produce any information or document which he has been required (under section 231 or otherwise) to produce;
e
allow an ombudsman to fix time limits for any aspect of the proceedings and to extend a time limit;
f
provide for certain things in relation to the reference, investigation or consideration (but not determination) of a complaint to be done by a member of the scheme operator’s staff instead of by an ombudsman;
F1fa
allow the correction of any clerical mistake in the written statement of a determination made by an ombudsman;
fb
provide that any irregularity arising from a failure to comply with any provisions of the scheme rules does not of itself render a determination void;
g
make different provision in relation to different kinds of complaint.
3
The circumstances specified under sub-paragraph (2)(b) may include the following—
a
the ombudsman considers the complaint frivolous or vexatious;
b
legal proceedings have been brought concerning the subject-matter of the complaint and the ombudsman considers that the complaint is best dealt with in those proceedings; or
c
the ombudsman is satisfied that there are other compelling reasons why it is inappropriate for the complaint to be dealt with under the ombudsman scheme.
F33A
The scheme operator must exercise the function of making scheme rules in a way which is consistent with enabling the scheme operator to qualify as an ADR entity and to meet the F4requirements in Schedule 3 to the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
C4C54
If the scheme operator proposes to make any scheme rules it must publish a draft of the proposed rules in the way appearing to it to be best calculated to bring them to the attention of persons appearing to it to be likely to be affected.
C4C55
The draft must be accompanied by a statement that representations about the proposals may be made to the scheme operator within a time specified in the statement.
C56
Before making the proposed scheme rules, the scheme operator must have regard to any representations made to it under sub-paragraph (5).
7
The consent of the F2FCA is required before any scheme rules may be made.
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)