SCHEDULE 1 The Financial Services Authority
Part I General
Arrangements for the investigation of complaints
7
(1)
The Authority must—
(a)
make arrangements (“the complaints scheme”) for the investigation of complaints arising in connection with the exercise of, or failure to exercise, any of its functions (other than its legislative functions); and
(b)
appoint an independent person (“the investigator”) to be responsible for the conduct of investigations in accordance with the complaints scheme.
(2)
The complaints scheme must be designed so that, as far as reasonably practicable, complaints are investigated quickly.
(3)
The Treasury’s approval is required for the appointment or dismissal of the investigator.
(4)
The terms and conditions on which the investigator is appointed must be such as, in the opinion of the Authority, are reasonably designed to secure—
(a)
that he will be free at all times to act independently of the Authority; and
(b)
that complaints will be investigated under the complaints scheme without favouring the Authority.
(5)
Before making the complaints scheme, the Authority must publish a draft of the proposed scheme in the way appearing to the Authority best calculated to bring it to the attention of the public.
(6)
The draft must be accompanied by notice that representations about it may be made to the Authority within a specified time.
(7)
Before making the proposed complaints scheme, the Authority must have regard to any representations made to it in accordance with sub-paragraph (6).
(8)
If the Authority makes the proposed complaints scheme, it must publish an account, in general terms, of—
(a)
the representations made to it in accordance with sub-paragraph (6); and
(b)
its response to them.
(9)
If the complaints scheme differs from the draft published under sub-paragraph (5) in a way which is, in the opinion of the Authority, significant the Authority must (in addition to complying with sub-paragraph (8)) publish details of the difference.
(10)
The Authority must publish up-to-date details of the complaints scheme including, in particular, details of—
(a)
the provision made under paragraph 8(5); and
(b)
the powers which the investigator has to investigate a complaint.
(11)
Those details must be published in the way appearing to the Authority to be best calculated to bring them to the attention of the public.
(12)
The Authority must, without delay, give the Treasury a copy of any details published by it under this paragraph.
(13)
The Authority may charge a reasonable fee for providing a person with a copy of—
(a)
a draft published under sub-paragraph (5);
(b)
details published under sub-paragraph (10).
(14)
Sub-paragraphs (5) to (9) and (13)(a) also apply to a proposal to alter or replace the complaints scheme.