COAF 1.2 Application

Anyone directly affected by the way in which the FSA has carried out its functions, or anyone acting directly on such a person's behalf, may bring a complaint under the complaints scheme, provided the complaint meets the requirements of the complaints scheme (see COAF 1.4 (Coverage and scope of the scheme)). This includes firms and issuers of listed securities and any customer or prospective customer, whether an individual or a body corporate, or eligible counterparty. Groups, such as trade associations, may bring a complaint under the complaints scheme where they themselves have been directly affected by the FSA's actions or inactions. Groups may also bring complaints on behalf of one or more named members that have been directly affected by the FSA's actions or inactions, but cannot bring complaints on behalf of their members generally if it is not apparent that all of the group's members have been directly affected.1

1. (1)

   2The complaints scheme applies in relation to complaints made about the way in which the FSA has carried out, or failed to carry out, its functions under the Act.

2. (2)

   2For the avoidance of doubt, this also includes functions conferred on the FSA under certain other pieces of legislation, including those which are regarded as being functions under the Act, and hence subject to the complaints scheme. Where a function under another piece of legislation is subject to the complaints scheme, the relevant piece of legislation will usually specify this by providing that the function is to be regarded for the purposes of Schedule 1 to the Act (which contains the complaints scheme provisions) as conferred on the FSA under the Act.

3. (3)

   2The FSA is also applying the main elements of the complaints scheme in respect of complaints against the FSA arising in connection with the exercise of its functions under previous legislation and in respect of complaints made against PIA, IMRO and SFA. Those arrangements are set out in the transitional complaints scheme.