DISP 2.6 What is the territorial scope of the relevant jurisdiction?
Compulsory Jurisdiction
- (1)
The Compulsory Jurisdiction covers complaints about the activities of a firm (including its appointed representatives), of a payment service provider (including agents of a payment institution), of an electronic money issuer (including agents of an electronic money institution), of a CBTL firm, of a designated credit reference agency or of a designated finance platform which:1615
71111141214121411167- (a)
(except for regulated claims management activities and activities ancillary to regulated claims management activities) are carried on from an establishment in the United Kingdom; or1615
16 - (b)
are carried on from an establishment in an EEA State, in the case of a TP firm, a TA EMI firm, a TA PI firm or a TA RAISP firm with respect to services provided into the United Kingdom; or16
1615 - (c)
are, or are ancillary to, regulated claims management activities.16
- (a)
- (2)
[deleted]16
79979 - (3)
[deleted]
- (4)
[deleted]
- (5)
[deleted]
- (6)
[deleted]
15For an activity to amount to a regulated claims management activity it must be carried on in Great Britain (see PERG 2.4A). The application of the Compulsory Jurisdiction to firms which carry on regulated claims management activities (and activities ancillary to regulated claims management activities) depends on whether the activity is carried on in Great Britain rather than whether it is carried on from an establishment maintained in the United Kingdom.
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)
in the EEA or Gibraltar16 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 the place in which the establishment is located16 of its intention to participate in the Voluntary Jurisdiction.
- (a)
15Complaints about activities which are claims management services but which are not regulated claims management activity (for example, services provided by a company incorporated in Northern Ireland to a natural person ordinarily resident in Northern Ireland) may be covered by the Voluntary Jurisdiction under DISP 2.6.4R(1) where the activities are carried on from an establishment in the United Kingdom.
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
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