Part XVI

The Ombudsman Scheme

Determination of complaints

Costs
230
1
The scheme operator may by rules (“costs rules”) provide for an ombudsman to have power, on determining a complaint under the compulsory jurisdiction, to award costs in accordance with the provisions of the rules.
2
Costs rules require the approval of the Authority.
3
Costs rules may not provide for the making of an award against the complainant in respect of the respondent’s costs.
4
But they may provide for the making of an award against the complainant in favour of the scheme operator, for the purpose of providing a contribution to resources deployed in dealing with the complaint, if in the opinion of the ombudsman—
a
the complainant’s conduct was improper or unreasonable; or
b
the complainant was responsible for an unreasonable delay.
5
Costs rules may authorise an ombudsman making an award in accordance with the rules to order that the amount payable under the award bears interest at a rate and as from a date specified in the order.
6
An amount due under an award made in favour of the scheme operator is recoverable as a debt due to the scheme operator.
7
Any other award made against the respondent is to be treated as a money award for the purposes of paragraph 16 of Schedule 17.