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Financial Services Act 2012

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This is the original version (as it was originally enacted).

86Consultation in relation to, and publication of, complaints scheme

This section has no associated Explanatory Notes

(1)Before making the complaints scheme, the regulators must publish a draft of the proposed scheme in the way appearing to them to be best calculated to bring it to the attention of the public.

(2)The draft must be accompanied by notice that representations about it may be made to any of the regulators within a specified time.

(3)Before making the proposed complaints scheme, the regulators must have regard to any representations made to any of them in accordance with subsection (2).

(4)If the regulators make the proposed complaints scheme, they must publish an account, in general terms, of—

(a)the representations made to any of them in accordance with subsection (2), and

(b)their response to the representations.

(5)If the complaints scheme differs from the draft published under subsection (1) in a way which is, in the opinion of the regulators, significant the regulators must (in addition to complying with subsection (4)) publish details of the difference.

(6)The regulators must publish up-to-date details of the complaints scheme including, in particular, details of—

(a)the provision made under section 87(5), and

(b)the powers which the investigator has to investigate a complaint.

(7)Those details must be published in the way appearing to the regulators to be best calculated to bring them to the attention of the public.

(8)The regulators must notify the Treasury of the publication of details under subsection (6).

(9)A regulator may charge a reasonable fee for providing a person with a copy of—

(a)a draft published under subsection (1), or

(b)details published under subsection (6).

(10)Subsections (1) to (5) and (9)(a) also apply to a proposal to alter or replace the complaints scheme.

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