The Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001

Complaints determined before commencement: adjudication under the IMRO scheme

8.—(1) This article applies where, before commencement—

(a) a complaint had been determined by a former ombudsman under the IMRO scheme; and

(b) that former ombudsman had offered the complainant adjudication.

(2) If the matter was subject to adjudication at commencement, this Order does not affect that adjudication and the relevant provisions of the IMRO scheme are to continue to apply so far as practicable, provided that references to the Investment Ombudsman or “the Ombudsman” are to be read as references to the scheme operator or an ombudsman appointed under paragraph 4 of Schedule 17, as appropriate.

(3) If the matter had not been referred to adjudication before commencement, if the complainant accepts adjudication, the scheme operator must appoint an adjudicator to determine the matter; and if the complainant agrees to the appointment of the adjudicator, the respondent must concur in the reference to adjudication.

(4) For the purposes of paragraph (3), the relevant provisions of the IMRO scheme are to apply, so far as practicable, as they would have applied to adjudication under that scheme, references to the Investment Ombudsman or “the Ombudsman” being read as references to the scheme operator or an ombudsman appointed under paragraph 4 of Schedule 17, as appropriate.