Explanatory Notes

Financial Services Act 2012

2012 CHAPTER 21

19 December 2012

Commentary

Part 6 – Investigation of Complaints Against Regulators

Sections 84 to 86: Arrangements for the investigation of complaints

543.Section 84 requires the FCA, the PRA and the Bank (for the purpose of this Part, “the regulators”) to put in place a scheme for the prompt, independent investigation of complaints made against them in respect of their relevant functions (as defined in section 85), for example complaints about maladministration. They must appoint an investigator, with the approval of the Treasury, on terms and conditions reasonably designed to ensure independence from the regulators, and to ensure that complaints will be investigated under the scheme without favouring the regulators. Section 86 requires the regulators to consult publicly on a draft of the proposed scheme, and any alteration to or replacement of the complaints scheme, to consider an report on representations received, and to publish up-to-date details of the complaints scheme.