DISP App 1.9 Complaints determined before commencement

Under article 8, where, before commencement, a relevant existing complaint has been determined by a former ombudsman under the IMRO scheme and that former ombudsman has offered adjudication:

1. (1)

   if the matter is already subject to adjudication at commencement, the relevant provisions of the former scheme will continue to apply so far as practicable, with references to the Investment Ombudsman or "the Ombudsman" being read as references to FOS Ltd or an Ombudsman, as appropriate; or

2. (2)

   if the matter has not been referred to adjudication before commencement, but the complainant accepts adjudication, FOS Ltd must appoint an adjudicator to determine the matter, and if the complainant agrees to the appointment of the adjudicator, the firm must concur in the reference to adjudication.

The relevant provisions of the IMRO scheme will apply, so far as practicable, as they would have applied to adjudication under that scheme, with references to the Investment Ombudsman or "the Ombudsman" being read as references to FOS Ltd or an Ombudsman, as appropriate.

Under article 9, where a relevant existing complaint has been determined before commencement by a person appointed as an arbitrator under the SFAscheme:

1. (1)

   if, at commencement, that determination is the subject of an appeal, or an application for leave to appeal, under that scheme which has not been determined or withdrawn, the relevant provisions of that scheme will continue to apply to that appeal or application (and any ensuing appeal) so far as practicable;

2. (2)

   if, at commencement, an application for leave to appeal against the determination was capable of being entertained under that scheme, the relevant provisions of that scheme will apply, so far as practicable, to the making of any such application for leave and any ensuing appeal, as they would have applied to an application for leave or an appeal before commencement.

FOS Ltd may appoint such persons, on such terms and for such duration, as it thinks fit to hear any appeal or application for leave to appeal made after commencement and references in the relevant provisions of the SFA scheme to the SFA or its Arbitration Secretariat will be read as references to FOS Ltd.

Under article 10, where a complaint has been determined before commencement under the Building Societies Ombudsman Scheme, and, at commencement, a case either has been stated with respect to that determination for the opinion of the High Court or Court of Session under section 84(5) to (7) of the Building Societies Act 1986 and no decision has been reached on the case or could be stated under those provisions, those subsections continue to apply as if they provided for the Court to direct that the complaint be dealt with under the Financial Ombudsman Service as a relevant existing complaint.