SCHEDULES

SCHEDULE 17 The Ombudsman Scheme

Part III The Compulsory Jurisdiction

FCA's... rules

13

(1)

The F1FCA must make rules providing that a complaint is not to be entertained unless F2—

(a)

the complainant has referred it under the ombudsman scheme before the applicable time limit (determined in accordance with the rules) has expired F3, or

(b)

in the case of a complaint other than a relevant complaint within the meaning of section 404B, the respondent agrees that the complaint should be entertained despite the complainant having referred it under the ombudsman scheme after the applicable time limit has expired.

(2)

The rules may provide that an ombudsman may extend that time limit in specified circumstances.

(3)

The F1FCA may make rules providing that a complaint is not to be entertained (except in specified circumstances) if the complainant has not previously communicated its substance to the respondent and given him a reasonable opportunity to deal with it.

(4)

The F1FCA may make rules requiring an authorised person F4, F5an electronic money issuer within the meaning of the Electronic Money Regulations 2011 or a payment service provider within the meaning of the Payment Services Regulations 2009, who may become subject to the compulsory jurisdiction as a respondent to establish such procedures as the F1FCA considers appropriate for the resolution of complaints which—

(a)

may be referred to the scheme; and

(b)

arise out of activity to which the F6FCA's powers under F7Part 9A do not apply.