This chapter is relevant to:

1. (1)

   the FSCS;

2. (2)

   eligible claimants; and

3. (3)

   firms.

This sourcebook is principally relevant to the FSCS. It sets out the circumstances in which compensation may be paid, to whom compensation may be paid, and on whom the FSCS can impose levies to meet the costs of paying compensation (see in particular COMP 3, 4, and FEES 61). It also describes how the FSCS is to calculate compensation in particular cases (see COMP 12).

Claimants and their advisers will be particularly interested in the sections of this sourcebook which deal with eligibility for claiming compensation, the way that the FSCS calculates compensation, and how they can make a claim. For convenience, the relevant parts of this sourcebook are highlighted in a list of questions and answers in COMP 1.3.3 G.

Firms will be particularly interested in 1FEES 61, which deals with levies, COMP 16 which deals with disclosure requirements for firms that accept deposits and COMP 17 which deals with systems and information requirements for firms that accept deposits.2

The FSA established the Financial Services Compensation Scheme Limited, a company limited by guarantee (FSCS). The FSCS exercises7 the functions that are conferred on the scheme manager7 by Part XV of the Act, dealing with compensation.

The appropriate regulator is also required, under section 213 of the Act (The compensation scheme), to make rules establishing a compensation scheme. These rules are set out in the remaining chapters of this sourcebook, and are directed to the FSCS, claimants and potential claimants, and firms.

The FSCS will only pay claims if a firm is unable or likely to be unable to meet claims against it because of its financial circumstances. If a firm is still trading and has sufficient financial resources to satisfy a claim, the firm will be expected to meet the claim itself. This can, for example, be an amount the firm agrees with the claimant, or the amount of an Ombudsman award from the Financial Ombudsman Service.

COMP 1 consists of guidance which is aimed at giving an overview of how this sourcebook works. The provisions of COMP 2 to COMP 172 cover who is eligible, the amount of compensation and how it might be paid, disclosure requirements for firms that accept deposits and systems and information requirements for firms that accept deposits.2

7This sourcebook is one of the means by which the FCA will meet its statutory objectives of securing an appropriate degree of protection for consumers and protecting and enhancing the integrity of the UK financial system.

7By making rules that allow the FSCS to provide compensation at a level appropriate for the protection of retail consumers and small businesses, the FCA enables consumers to participate in the financial markets with the confidence that they will be protected, at least in part, should the relevant person with whom they are dealing be unable to satisfy claims against it.

While this sourcebook deals with the main powers and duties of the FSCS, it does not provide the complete picture. Other aspects of the operation of the FSCS are dealt with through the powers of the Financial Services Compensation Scheme Limited under company law (such as the power to borrow, to take on premises, etc.).

1. (1)

   1In addition, the Act itself confers certain powers upon the FSCS, such as a power under section 219 of the Act (Scheme Manager's powers to require information) to require persons to provide information. These powers are not, therefore, covered by this sourcebook.

2. (2)

   Of specific relevance to the way in which the FSCS fulfils its responsibilities is the relationship between the FSCS and the FCA. This is covered in a Memorandum of Understanding which can be found on the FCA website http://www.fca.org.uk.

The FSCS also provides information to claimants and potential claimants about the way the FSCS works and the procedures that need to be followed when making a claim. The FSCS can be contacted at 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or Fax: 020 7892 7301), or by e-mail (enquiries@fscs.org.uk).

Information about the operation of the FSCS and how to claim is also available from the FSCS website (www.fscs.org.uk).

Incoming EEA firms which are conducting regulated activities in the United Kingdom under a CRD4, IMD or5MiFID3 passport are not required to participate in the compensation scheme in relation to those passported activities. They may apply to obtain the cover of, or 'top-up' into, the compensation scheme if there is no cover provided by the incoming EEA firm'sHome State compensation scheme or if the level or scope of the cover is less than that provided by the compensation scheme. This is covered by COMP 14.221

If an incoming EEA firm "tops-up", and then becomes insolvent, the Home State compensation scheme will pay compensation for claims up to the limit and scope of the Home State compensation scheme, with the FSCS paying compensation for the additional amount in accordance with the provisions in this sourcebook.

The Deposit Guarantee Directive3and Investor Compensation Directive/s3 require the FSCS to make arrangements with the relevant Home State compensation scheme regarding the payment of compensation (COMP 14.3.1R).

6 Incoming EEA firms which are passporting into the UK under the UCITS Directive or AIFMD passport, to manage a UCITS scheme or authorised AIF, are required to participate in the compensation scheme.

6 Incoming EEA firms which are passporting into the UK under an AIFMD passport, to manage an unauthorised AIF or to provide the services in article 6(4) of AIFMD, are not required to participate in the compensation scheme for those activities, but may choose to ‘top-up’ into the compensation scheme if they carry on those activities from a branch in the UK and there is no cover provided by the incoming EEA firm'sHome State compensation scheme, or if the level or scope of the cover is less than provided by the compensation scheme.

1The compensation scheme will not compensate members or former members if firms are unable to satisfy claims made in connection with regulated activities relating to their participation in Lloyd's syndicates. Separate rules and guidance are therefore needed.

1The arrangements referred to in COMP 1.5.8 R:

1. (1)

   will not compensate losses arising only as a result of underwriting or investment risk to which individual members or former members who were individual members are or were exposed by their participation in Lloyd's syndicates;

2. (2)

   may be restricted to compensation for losses arising out of fraud, dishonesty or failure to account; and

3. (3)

   should cover all regulated activities carried on by underwriting agents relating to Lloyd's syndicate capacity and syndicate membership.

1The arrangements referred to in COMP 1.5.8 R should have a governance structure that is operationally independent from the Society, but which is nevertheless accountable to the Society for the proper administration of the compensation arrangements.