DISP 2.6 What is the territorial scope of the relevant jurisdiction?
Compulsory Jurisdiction
The Compulsory Jurisdiction covers complaints about the activities of a firm (including its appointed representatives) or of a payment service provider (including agents of a payment institution)6 carried on from an establishment in the United Kingdom.519
519- (1)
includes incoming EEA firms, incoming EEA authorised payment institutions6 and incoming Treaty firms; but
- (2)
excludes complaints about business conducted in the United Kingdom on a services basis from an establishment outside the United Kingdom
.
Consumer Credit Jurisdiction
The Consumer Credit Jurisdiction covers only complaints about the activities of a licensee carried on from an establishment in the United Kingdom.519
Voluntary Jurisdiction
The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:519
- (1)
in the United Kingdom; or
- (2)
elsewhere in the EEA if the following conditions are met:
- (a)
the activity is directed wholly or partly at the United Kingdom (or part of it);
- (b)
contracts governing the activity are (or, in the case of a potential customer, would have been) made under the law of England and Wales, Scotland or Northern Ireland; and
- (c)
the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.
- (a)
Location of the complainant
A complaint can be dealt with under the Financial Ombudsman Service whether or not the complainant lives or is based in the United Kingdom.519
519