C3C4Part XVI The Ombudsman Scheme

Annotations:
Modifications etc. (not altering text)
C3

Pt. 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)

The scheme

C1I1226 Compulsory jurisdiction.

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.

C22

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 F1, 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 Authority 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”.