The purpose of this chapter is to set out rules and guidance on the scope of the Compulsory Jurisdiction, the Consumer Credit Jurisdiction and the Voluntary Jurisdiction, which are the Financial Ombudsman Service's threejurisdictions:

1. (1)

   the Compulsory Jurisdiction is not restricted to regulated activities and payment services , 6 and covers:

   1. (a)

      certain complaints against firms (and businesses which were firms at the time of the events complained about); and

   2. (b)

      relevant complaints against former members of former schemes under the Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order;

2. (2)

   the Consumer Credit Jurisdiction covers certain complaints against licensees (and businesses which were licensees at the time of the events complained about); and

3. (3)

   the Voluntary Jurisdiction covers certain complaints against VJ participants, including in relation to events before they joined the Voluntary Jurisdiction.417

Relevant complaints covered by the Compulsory Jurisdiction comprise:

1. (1)

   relevant existing complaints referred to a former scheme before commencement and inherited by the Financial Ombudsman Service under the Ombudsman Transitional Order;

2. (2)

   relevant new complaints about events before commencement but referred to the Financial Ombudsman Service after commencement under the Ombudsman Transitional Order; and

3. (3)

   relevant transitional complaints referred to the Financial Ombudsman Service after the relevant commencement date under the Mortgages and General Insurance Complaints Transitional Order. 417

The Ombudsman Transitional Order requires the Financial Ombudsman Service to complete the handling of relevant existing complaints, in a significant number of respects, in accordance with the requirements of the relevant former scheme rather than in accordance with the requirements of this chapter.417

In this chapter, carrying on an activity includes:417

1. (1)

   417 offering, providing or failing to provide a service in relation to an activity;417

2. (2)

   administering or failing to administer a service in relation to an activity; and417

   3417
3. (3)

   the manner in which a respondent has administered its business, provided that the business is an activity subject to the Financial Ombudsman Service's jurisdiction.417

   417

In this chapter, ancillary banking services include, for example, the provision and operation of cash machines, foreign currency exchange, safe deposit boxes and account aggregation services (services where details of accounts held with different financial service providers can be accessed by a single password).417

The scope of the Financial Ombudsman Service's threejurisdictions depends on:26

1. (1)

   the type of activity to which the complaint relates (see DISP 2.3, DISP 2.4 and DISP 2.5);

2. (2)

   the place where the activity to which the complaint relates was carried on (see DISP 2.6);

3. (3)

   whether the complainant is eligible (see DISP 2.7); and

4. (4)

   whether the complaint was referred to the Financial Ombudsman Service in time (see DISP 2.8).

The Ombudsman can also consider under the Compulsory Jurisdiction:630

1. (1)

   as a result of the Ombudsman Transitional Order, a relevant existing complaint or a relevant new complaint that relates to an act or omission by a firm or an unauthorised person which was subject to a former scheme immediately before commencement; or

2. (2)

   as a result of the Mortgages and General Insurance Complaints Transitional Order, a relevant transitional complaint that relates to an act or omission by a firm (or an unauthorised person that ceased to be a firm after the relevant commencement date) which was subject to a former scheme at the time of the act or omission;

provided that:

1. (3)

   the act or omission occurred in the carrying on by that firm or unauthorised person of an activity to which that former scheme applied; and

2. (4)

   the complainant is eligible and wishes to have the complaint dealt with by the Ombudsman.

   7

Complaints about acts or omissions include those7 in respect of activities for which the firm or payment service provider7 is responsible (including business of any appointed representative or agent7 for which the firm or payment institution7 has accepted responsibility).630

7The Compulsory Jurisdiction includes complaints about the UK end of 'one leg' payment services transactions, i.e. services provided from UK establishments that also involve a payment service provider located outside the EEA. The Compulsory Jurisdiction also includes complaints about payment services irrespective of the currency of the transaction.

The scope of the Voluntary Jurisdiction is wider than that of the Compulsory Jurisdiction, and so some activities are referred to in both jurisdictions.

DISP 2.5.1R (2)(a) is for those that are subject to the Compulsory Jurisdiction for regulated activities but are not covered by the Ombudsman Transitional Order or the Mortgage and General Insurance Complaints Transitional Order. It enables the Financial OmbudsmanScheme to cover complaints about earlier events relating to those activities before they became regulated activities.427

DISP 2.5.1R (2)(b) is for those that were members of one of the former schemes replaced by the Financial Ombudsman Service immediately before commencement. It enables the Financial Ombudsman Service5 to cover complaints that arise out of acts or omissions occurring after commencement for any activities which are not covered by the Compulsory Jurisdiction but that would have been covered by the relevant former scheme.427

6 DISP 2.5.1R (2)(l) includes complaints about the EEA end of 'one leg' payment services transactions, i.e. services provided from EEA establishments that are subject to the territorial jurisdiction of the Voluntary Jurisdiction (see DISP 2.6.4R (2)) that also involve a payment service provider located outside the EEA. It also includes complaints about payment services irrespective of the currency of the transaction.

This:519

1. (1)

   includes incoming EEA firms, incoming EEAauthorised payment institutions6 and incoming Treaty firms; but

2. (2)

   excludes complaints about business conducted in the United Kingdom on a services basis from an establishment outside the United Kingdom

   .

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

In determining whether an enterprise meets the tests for being a micro-enterprise, account should be taken of the enterprise's 'partner enterprises' or 'linked enterprises' (as those terms are defined in the Micro-enterprise Recommendation). For example, where a parent company holds a majority shareholding in a complainant, if the parent company does not meet the tests for being a micro-enterprise then neither will the complainant. [Note: Articles 1 and 3 to 7 of the Annex to the Micro-enterprise Recommendation].127

If a respondent is in doubt about the eligibility of a business, charity or trust, it should treat the complainant as if it were eligible. If the complaint is referred to the Financial Ombudsman Service, the Ombudsman will determine eligibility by reference to appropriate evidence, such as audited accounts or VAT returns.127

1 27 DISP 2.7.6R (5) and DISP 2.7.6R (6) include, for example, employees covered by a group permanent health policy taken out by an employer, which provides in the insurance contract that the policy was taken out for the benefit of the employee.

1 27In the Compulsory Jurisdiction, under the Ombudsman Transitional Order and the Mortgages and General Insurance Complaints Transitional Order, where a complainant:

1. (1)

   wishes to have a relevant new complaint or a relevant transitional complaint dealt with by the Ombudsman; and

2. (2)

   is not otherwise eligible; but

3. (3)

   would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant transitional order came into effect;

if the Ombudsman considers it appropriate, he may treat the complainant as an eligible complainant.

1 27In the Compulsory Jurisdiction, in relation to relevant new complaints under the Ombudsman Transitional Order and relevant transitional complaints under the Mortgages and General Insurance Complaints Transitional Order:

1. (1)

   where the former scheme in question is the Insurance Ombudsman Scheme, a complainant is not to be treated as an eligible complainant unless:

   1. (a)

      he is an individual; and

   2. (b)

      the relevant new complaint does not concern aspects of a policy relating to a business or trade carried on by him;

2. (2)

   where the former scheme in question is the GISC facility, a complainant is not to be treated as an eligible complainant unless:

   1. (a)

      he is an individual; and

   2. (b)

      he is acting otherwise than solely for the purposes of his business; and

3. (3)

   where the former scheme in question is the MCAS scheme, a complainant is not to be treated as an eligible complainant if:

   1. (a)

      the relevant transitional complaint does not relate to a breach of the Mortgage Code published by the Council of Mortgage Lenders;

   2. (b)

      the complaint concerns physical injury, illness, nervous shock or their consequences; or

   3. (c)

      the complainant is claiming a sum of money that exceeds £100,000.

1 9The six-month time limit is only triggered by a response which is a final response. A final response must tell the complainant about the six-month time limit that the complainant has to refer a complaint to the Financial Ombudsman Service.

1 9An example of exceptional circumstances might be where the complainant has been or is incapacitated.

1 9If a complaint relates to the sale of an endowment policy for the purpose of achieving capital repayment of a mortgage, the receipt by the complainant of a letter which states that there is a risk (rather than a high risk) that the policy would not, at maturity, produce a sum large enough to repay the target amount is not, itself, sufficient to cause the three year time period in DISP 2.8.2R (2) to start to run.

1 20The activities which (at 1 July 2009)21 were regulated activities for the Voluntary Jurisdiction21 were, in accordance with section 22 of the Act (The classes of activity and categories of investment), any of the following activities specified in Part II of the Regulated Activities Order:

1. (1) accepting deposits (article 5);

2. (2) issuing electronic money (article 9B);

3. (3) effecting contracts of insurance (article 10(1));

4. (4) carrying out contracts of insurance (article 10(2));

5. (5) dealing in investments as principal (article 14);

6. (6) dealing in investments as agent (article 21);

7. (7) arranging (bringing about) deals in investments (article 25(1));

8. (8) making arrangements with a view to transactions in investments (article 25(2));

9. (9) arranging (bringing about) regulated mortgage contracts (article 25A(1));

10. (10) making arrangements with a view to regulated mortgage contracts (article 25A(2));

11. (11) arranging (bringing about) a home reversion plan (article 25B(1));

12. (12) making arrangements with a view to a home reversion plan (article 25B(2));

13. (13) arranging (bringing about) a home purchase plan (article 25C(1));

14. (14) making arrangements with a view to a home purchase plan (article 25C(2));

15. 21(14A) operating a multilateral trading facility (article 25D);

16. (14B) arranging (bringing about) a regulated sale and rent back agreement (article 25E(1));

17. (14C) making arrangements with a view to a regulated sale and rent back agreement (article 25E(2));

18. (15) managing investments (article 37);

19. (16) assisting in the administration and performance of a contract of insurance (article 39A);

20. (17) safeguarding and administering investments (article 40);

21. (18) sending dematerialised instructions (article 45(1));

22. (19) causing dematerialised instructions to be sent (article 45(2));

23. (20) establishing, operating or winding up a collective investment scheme (article 51(1)(a));

24. (21) acting as trustee of an authorised unit trust scheme (article 51(1)(b));

25. (22) acting as the depositary or sole director of an open-ended investment company (article 51(1)(c));

26. (23) establishing, operating or winding up a stakeholder pension scheme (article 52(a));

27. (24) providing basic advice on a stakeholder product (article 52B);

28. (25) establishing, operating or winding up a personal pension scheme (article 52(b));

29. (26) advising on investments (article 53);

30. (27) advising on regulated mortgage contracts (article 53A);

31. (28) advising on a home reversion plan (article 53B);

32. (29) advising on a home purchase plan (article 53C);

33. 21(29A) advising on a regulated sale and rent back agreement (article 53D);

34. (30) advising on syndicate participation at Lloyd's (article 56);

35. (31) managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's (article 57);

36. (32) arranging deals in contracts of insurance written at Lloyd's (article 58);

37. (33) entering into a regulated mortgage contract (article 61(1));

38. (34) administering a regulated mortgage contract (article 61(2));

39. (35) entering into a home reversion plan (article 63B(1));

40. (36) administering a home reversion plan (article 63B(2));

41. (37) entering into a home purchase plan (article 63F(1));

42. (38) administering a home purchase plan (article 63F(2));

43. 21(38A) entering into a regulated sale and rent back agreement (article 63J(1));

44. (38B) administering a regulated sale and rent back agreement (article 63J(2));

45. (39) entering as provider into a funeral plan contract (article 59);

46. (40) agreeing to carry on a regulated activity (article 64);

which is carried on by way of business and relates to a specified investment applicable to that activity or, in the case of (20), (21), (22) and (23), is carried on in relation to property of any kind.