Part XVI The Ombudsman Scheme

Determination of complaints

229 Awards.

(1)

This section applies only in relation to the compulsory jurisdiction F1....

(2)

If a complaint which has been dealt with under the scheme is determined in favour of the complainant, the determination may include—

(a)

an award against the respondent of such amount as the ombudsman considers fair compensation for loss or damage (of a kind falling within subsection (3)) suffered by the complainant (“a money award”);

(b)

a direction that the respondent take such steps in relation to the complainant as the ombudsman considers just and appropriate (whether or not a court could order those steps to be taken).

(3)

A money award may compensate for—

(a)

financial loss; or

(b)

any other loss, or any damage, of a specified kind.

(4)

The F2FCA may specify F3for the purposes of the compulsory jurisdiction the maximum amount which may be regarded as fair compensation for a particular kind of loss or damage specified under subsection (3)(b).

F4(4A)

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(5)

A money award may not exceed the monetary limit; but the ombudsman may, if he considers that fair compensation requires payment of a larger amount, recommend that the respondent pay the complainant the balance.

(6)

The monetary limit is such amount as may be specified.

(7)

Different amounts may be specified in relation to different kinds of complaint.

(8)

A money award—

(a)

may provide for the amount payable under the award to bear interest at a rate and as from a date specified in the award; and

(b)

is enforceable by the complainant in accordance with Part III of Schedule 17 F5....

(9)

Compliance with a direction under subsection (2)(b)—

(a)

is enforceable by an injunction; or

(b)

in Scotland, is enforceable by an order under section 45 of the M1Court of Session Act 1988.

(10)

Only the complainant may bring proceedings for an injunction or proceedings for an order.

F6(11)

“Specified” means specified in compulsory jurisdiction rules.

F7(12)

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