Part XVI U.K. The Ombudsman Scheme

Modifications etc. (not altering text)

C1 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)

C2 Pt. 16 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)

The scheme U.K.

[F1 226A Consumer credit jurisdiction U.K.

(1) A complaint which relates to an act or omission of a person (“the respondent”) 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 complaint falls within a description specified in consumer credit rules;

(c) at the time of the act or omission the respondent was the licensee under a standard licence or was authorised to carry on an activity by virtue of section 34A of the Consumer Credit Act 1974;

(d) the act or omission occurred in the course of a business being carried on by the respondent which was of a type mentioned in subsection (3);

(e) at the time of the act or omission that type of business was specified in an order made by the Secretary of State; and

(f) the complaint cannot be dealt with under the compulsory jurisdiction.

(3) The types of business referred to in subsection (2)(d) are—

(a) a consumer credit business;

(b) a consumer hire business;

(c) a business so far as it comprises or relates to credit brokerage;

(d) a business so far as it comprises or relates to debt-adjusting;

(e) a business so far as it comprises or relates to debt-counselling;

(f) a business so far as it comprises or relates to debt-collecting;

(g) a business so far as it comprises or relates to debt administration;

(h) a business so far as it comprises or relates to the provision of credit information services;

(i) a business so far as it comprises or relates to the operation of a credit reference agency.

(4) A complainant is eligible if—

(a) he is—

(i) an individual; or

(ii) a surety in relation to a security provided to the respondent in connection with the business mentioned in subsection (2)(d); and

(b) he falls within a class of person specified in consumer credit rules.

(5) The approval of the Treasury is required for an order under subsection (2)(e).

(6) The jurisdiction of the scheme which results from this section is referred to in this Act as the “consumer credit jurisdiction”.

(7) In this Act “consumer credit rules” means rules made by the scheme operator with the approval of the [F2 FCA] for the purposes of the consumer credit jurisdiction.

(8) Consumer credit rules under this section may make different provision for different cases.

(9) Expressions used in the Consumer Credit Act 1974 have the same meaning in this section as they have in that Act.]

Textual Amendments

F1 S. 226A inserted (16.6.2006) by Consumer Credit Act 2006 (c. 14), ss. 59(1), 71(2) (with Sch. 3 para. 29); S.I. 2006/1508, art. 3(1), Sch. 1

F2 Word in s. 226A(7) 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. 2 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.