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Financial Services Act 2012, Section 84 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The regulators 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 their relevant functions (see section 85). F1...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(1A)The Treasury must appoint an independent person (“the investigator”) to be responsible for the conduct of investigations in accordance with the complaints scheme.]
(2)For the purposes of this Part “the regulators” are the FCA, the PRA and the Bank of England, and references to a regulator are to be read accordingly.
(3)The complaints scheme must be designed so that, as far as reasonably practicable, complaints are investigated quickly.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The terms and conditions on which the investigator is appointed must be such as, in the opinion of the [F5Treasury], are reasonably designed to secure—
(a)that the investigator will be free at all times to act independently of the regulators, and
(b)that complaints will be investigated under the complaints scheme without favouring the regulators.
Textual Amendments
F1Word in s. 84(1)(a) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(a), 86(3); S.I. 2023/779, reg. 4(xx)
F2S. 84(1)(b) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(b), 86(3); S.I. 2023/779, reg. 4(xx)
F3S. 84(1A) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(c), 86(3); S.I. 2023/779, reg. 4(xx)
F4S. 84(4) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(d), 86(3); S.I. 2023/779, reg. 4(xx)
F5Word in s. 84(5) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(e), 86(3); S.I. 2023/779, reg. 4(xx)
Modifications etc. (not altering text)
C1S. 84 applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (S.I. 2013/442), arts. 1(3), 63(2)
C2Ss. 84-86 applied by SI 2001/2326 art. 18(2) (as amended) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 paras. 49(b)(bb)-(ff), (ii)
C3S. 84(1)(a) applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (S.I. 2013/442), arts. 1(3), 61(3)(a)
Commencement Information
I1S. 84 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3
I2S. 84 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.
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