Modifications etc. (not altering text)
C1Pt. 16 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)
C2Pt. 16 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)
C3Pt. XVI applied (with modifications) (20.4.2015 for specified purposes, 21.12.2015 for specified purposes) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), arts. 1(5), 26 (with Pt. 4)
(1)This Part provides for a scheme under which certain disputes may be resolved quickly and with minimum formality by an independent person.
(2)The scheme is to be administered by a body corporate (“the scheme operator”).
(3)The scheme is to be operated under a name chosen by the scheme operator but is referred to in this Act as “the ombudsman scheme”.
(4)Schedule 17 makes provision in connection with the ombudsman scheme and the scheme operator.
(1)A complaint which relates to an act or omission of a person (“the respondent”) in carrying on an activity to which compulsory jurisdiction rules apply is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.
(2)The conditions are that—
(a)the complainant is eligible and wishes to have the complaint dealt with under the scheme;
(b)the respondent was an authorised person [F1or an electronic money issuer within the meaning of the Electronic Money Regulations 2011][F2, or a payment service provider within the meaning of the Payment Services Regulations 2009,] at the time of the act or omission to which the complaint relates; and
(c)the act or omission to which the complaint relates occurred at a time when compulsory jurisdiction rules were in force in relation to the activity in question.
(3)“Compulsory jurisdiction rules” means rules—
(a)made by the [F3FCA] for the purposes of this section; and
(b)specifying the activities to which they apply.
(4)Only activities which are regulated activities, or which could be made regulated activities by an order under section 22, may be specified.
(5)Activities may be specified by reference to specified categories (however described).
(6)A complainant is eligible, in relation to the compulsory jurisdiction of the ombudsman scheme, if he falls within a class of person specified in the rules as eligible.
(7)The rules—
(a)may include provision for persons other than individuals to be eligible; but
(b)may not provide for authorised persons to be eligible except in specified circumstances or in relation to complaints of a specified kind.
(8)The jurisdiction of the scheme which results from this section is referred to in this Act as the “compulsory jurisdiction”.
Textual Amendments
F1Words in s. 226(2)(b) inserted (9.2.2011for certain purposes and 30.4.2011otherwise) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xv)(b), 79, Sch. 4 para. 2(3)(a) (with reg. 3)
F2Words in s. 226(2)(b) inserted (2.3.2009 for certain purposes, 1.5.2009 for certain further purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 126, Sch. 6 para. 1(1)(a) (with reg. 3)
F3Word in s. 226(3)(a) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 1 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C4S. 226 extended (19.7.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/2326, arts. 1(1), 3(1); S.I. 2001/3538, art. 2(1)
C5S. 226(2) excluded (19.7.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/2326, arts. 1(1), 2(4); S.I. 2001/3538, art. 2(1)
Commencement Information
I1S. 226 wholly in force at 1.12.2001; s. 226 not in force at Royal Assent see s. 431(2); s. 226 in force for specified purposes at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; s. 226 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 226A omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 10(5) (with art. 11(5)(6)(7))
(1)A complaint which relates to an act or omission of a person (“the respondent”) in carrying on an activity to which voluntary jurisdiction rules apply is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.
(2)The conditions are that—
(a)the complainant is eligible and wishes to have the complaint dealt with under the scheme;
(b)at the time of the act or omission to which the complaint relates, the respondent was participating in the scheme;
(c)at the time when the complaint is referred under the scheme, the respondent has not withdrawn from the scheme in accordance with its provisions;
(d)the act or omission to which the complaint relates occurred at a time when voluntary jurisdiction rules were in force in relation to the activity in question; and
(e)the complaint cannot be dealt with under the compulsory jurisdiction F5....
(3)“Voluntary jurisdiction rules” means rules—
(a)made by the scheme operator for the purposes of this section; and
(b)specifying the activities to which they apply.
(4)The only activities which may be specified in the rules are activities which are, or could be, specified in compulsory jurisdiction rules.
(5)Activities may be specified by reference to specified categories (however described).
(6)The rules require the [F6FCA's] approval.
(7)A complainant is eligible, in relation to the voluntary jurisdiction of the ombudsman scheme, if he falls within a class of person specified in the rules as eligible.
(8)The rules may include provision for persons other than individuals to be eligible.
(9)A person qualifies for participation in the ombudsman scheme if he falls within a class of person specified in the rules in relation to the activity in question.
(10)Provision may be made in the rules for persons other than authorised persons to participate in the ombudsman scheme.
(11)The rules may make different provision in relation to complaints arising from different activities.
(12)The jurisdiction of the scheme which results from this section is referred to in this Act as the “voluntary jurisdiction”.
(13)In such circumstances as may be specified in voluntary jurisdiction rules, a complaint—
(a)which relates to an act or omission occurring at a time before the rules came into force, and
(b)which could have been dealt with under a scheme which has to any extent been replaced by the voluntary jurisdiction,
is to be dealt with under the ombudsman scheme even though paragraph (b) or (d) of subsection (2) would otherwise prevent that.
(14)In such circumstances as may be specified in voluntary jurisdiction rules, a complaint is to be dealt with under the ombudsman scheme even though—
(a)paragraph (b) or (d) of subsection (2) would otherwise prevent that, and
(b)the complaint is not brought within the scheme as a result of subsection (13),
but only if the respondent has agreed that complaints of that kind were to be dealt with under the scheme.
Textual Amendments
F5Words in s. 227(2)(e) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 10(6)
F6Word in s. 227(6) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 3 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C6S. 227(2) modified (7.10.2008 at 9.30 a.m.) by The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2644), art. 25
Commencement Information
I2S. 227 wholly in force at 1.12.2001; s. 227 not in force at Royal Assent see s. 431(2); s. 227 in force for specified purposes at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; s. 227 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)