DISP TP 1 Transitional provisions

1

DISP 1.2.15 G

R

A firm must cease to use letter-headed paper or marketing literature which refers to its membership of a former scheme no later than 30 June 2002.

Commencement to 30.6.02

Commencement

2

DISP 1.5.4 R - DISP 1.5.7 R

R

A firm must include, in the first report which it submits to the FSA under DISP 1.5.4 R in respect of the 1 April 2002 - 30 September 2002 reporting period, the total number of reportable complaints (that is, complaints subject toDISP 1.4-DISP 1.1.6 G) which it has received but not closed by the beginning of that reporting period (including any such complaint which could be referred to the Financial Ombudsman Service as a relevant new complaint under the Ombudsman Transitional Order.

01.4.02 - 31.10.02

01.4.02

3

DISP 1.5.4 R - DISP 1.5.7 R

G

Transitional provision 2R requires a firm, in addition to complying with the reporting requirements in DISP 1.5.4 R, to include in its first report under DISP 1.5.4 R the total number of complaints subject to DISP 1.4-DISP 1.1.6 G which remain open at the beginning of that reporting period (that is, on 1 April 2002). This will enable the FSA to know how many complaints were carried forward into the first reporting period. (A firm is not required to provide a breakdown by category code or generic product type of the complaints carried forward at 1 April 2002, but must do so in respect of complaints received during the 1 April 2002 to 30 September 2002 reporting period and in respect of subsequent reporting periods.)

01.4.02 - 31.10.02

01.4.02

4

DISP App 1

R

Firms are subject to DISP App 1in relation to relevant existing complaints.

From commencement

Commencement

5

DISP App 1

G

The Ombudsman Transitional Order makes special provision for the handling by FOS Ltd of "relevant existing complaints" (that is, complaints which the former schemes have partly completed at commencement). The arrangements for handling these complaints are set out in DISP App 1. (The handling of complaints which firms have partly completed at commencement is described at DISP 1.4.6 R.)

From commencement

Commencement

6

DISP 2 DISP 3 DISP 5 and DISP App 1

R

In DISP 2 DISP 3 DISP 5 and DISP App 1references to a "firm" or "firms" include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints in accordance with the Ombudsman Transitional Order.

From commencement

Commencement

17

DISP 2 DISP 3 DISP 5 and DISP App 1

G

Under the Ombudsman Transitional Order, a relevant complaint is subject to the Compulsory Jurisdiction whether or not it is about a firm or an unauthorised person. Unauthorised persons are not subject to DISP 1, but references to "firm" in DISP 2 DISP 3, DISP 5and DISP App 1 include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints, where applicable.

From commencement

Commencement

37A

DISP 2.3.6 R

R

Nothing in DISP 2.3.6 Raffects the position of a complaint which, on 31 May 2004, could not have been considered by the Ombudsman under DISP 2.3.1 R (1)(c); or DISP 2.3.6 R (1)(b) as it then stood.

From 1 June 2004

Amended with effect from 1 June 2004

37B

DISP 2.3.6 R

R

In the case of a complainant falling within DISP 2.3.6 R as amended by this instrument, (and whose time for referring a complaint under the rules as they stood before amendment has not expired), time will expire in accordance with the amended rule save that if the final date would otherwise be before 30 November 2004 an explanation of the final date will be in conformity with DISP 2.3.6 R(2) , provided it stipulates a final date which is not less than two months from the date on which the explanation is likely to be received by the complainant.

From 1 June 2004

Amended with effect from 1 June 2004

8

DISP 1 DISP 2 DISP 3 DISP 4 DISP 5 and DISP App 1

R

In relation to relevant complaints, references in DISP 1, DISP 2, DISP 3, DISP 4, DISP 5 and DISP App 1 to an "eligible complainant" include a person who is to be treated as an eligible complainant in accordance with the Ombudsman Transitional Order and references to a complaint shall be construed accordingly.

From commencement

Commencement

9

DISP 5.5.1 R

R

(1)This transitional provision applies to every firm which falls within any of industry blocks 1, 2, 4, 5, 8, 9, 10 and 12 set out in Table 2 to these transitional provisions, unless it is exempt under DISP 1.1.7 R. (Exemption)

(2)Unless it has already done so, a firm must provide the FSA as soon as reasonably practicable, and in any event by the end of May 2002, addressed for the attention of the Finance and Business Planning Department, with a statement of the total amount of relevant business (measured in accordance with the appropriate tariff base) which it conducted, as at or in the year to 31 December 2001 as appropriate, for each of the industry blocks referred to in (1).

(3)If a firm cannot provide a statement of the total amount of relevant business for any relevant industry block by the end of May 2002 under (2)(b), it must provide the best estimate of the amount of relevant business that it conducted.

01.3.02 - 31.5.02

Not yet made

102

DISP 1.5.4 R2

R2

DISP 1.5.4 R does not apply to a firm with permission to carry on only insurance mediation activity, mortgage mediation activity, or both.2

(1) In respect of mortgage mediation activities, 31.10.04 - 31.3.05; (2) in respect of insurance mediation activities, 14.1.05 - 31.3.05.2

112

DISP 1.5.4 R 2

R2

Where a firm is required under DISP 1.5.4 R to submit information using a report in the format set out in DISP 1 Ann 1R on a half-yearly basis, this must be read as a reference to providing the first and second report in accordance with transitional provision 12R.2

From 01.4.05, expiring on 31.3.062

1 April 20052

122

DISP 1.5.4 R2

R2

If transitional provision 11R applies, the firm's first and second report must be provided as follows:2

Accounting reference date2

Reporting period starts2

Reporting period ends

Report to be provided2

Between 1 January 2005 and 31 March 20052

1st report: 1 April 20052

6 months after 2accounting reference date within 2005

30 business days after period end2

2nd report: 26 months after the business day following the accounting reference date within 20052

accounting reference date within 20062

Between 1 April 2005 and 30 June 20052

1st report: 1 April 20052

accounting reference date within 20052

30 business days after period end2

2nd report: 2the business day following the accounting reference date within 20052

6 months after 2the accounting reference date within 2006

Between 1 July 2005 and 30 September 20052

1st report: 1 April 20052

accounting reference date within 20052

30 business days after period end2

2nd report: the2business day following the accounting reference date within 2005

6 months after the 2business day following the accounting reference date within 2005

Between 1 October 2005 and 31 December 20052

1st report: 1 April 20052

6 months preceding 2the accounting reference date within 2005

30 business days after period end2

2nd report: 26 months preceding2 the accounting reference date within 2005

accounting reference date within 20052

134

DISP 14

R4

Where, at the relevant commencement date, a firm is still dealing with a complaint that is capable of being referred to the Financial Ombudsman Service as a relevant transitional complaint:4

31 October 2004 (for a complaint to which the MCAS Scheme applied immediately before that date)4

31 October 20044

(1)4

it may continue to try to resolve the complaint in accordance with the complaints procedures that applied previously; but4

14 January 2005 (for a complaint to which the GISC Facility applied immediately before that date)4

(2)4

it must, within eight weeks of the relevant commencement date, send the complainant a response which satisfies DISP 1.4.5 R, unless DISP 1.4.3A R or DISP 1.4.9 R applies.4

144

G4

DISP TP 13R recognises that where a firm has already received, but only partly completed the handling of, a complaint which is capable of becoming a relevant transitional complaint, it may not always be practicable to handle the complaint in accordance with DISP 1 after the relevant commencement date.4

156

DISP 5.5.1 R

R6

A firm which falls within industry block 16 or 17 needs to provide a statement to the FSA by the end of February 2005 only if it is providing the FSA with a statement of the total amount of relevant business.6

31 October 2004 to 28 February 2005 for firms falling in industry block 166

14 January 2005 to 28 February 2005 for firms falling in industry block 176

31 October 20046

166

DISP 5.5.1 R

G6

In respect of the year 2005/06, the FSA will already have a statement of the total amount of the firm's annual income as part of the firm's application for a Part IV permission or to vary a Part IV permission. There is thus no need for a firm to repeat this information if it decides not to report annual income for relevant business in accordance with DISP TP 15R.6

31 October 2004 to 28 February 2005 for firms falling in industry block 166

14 January 2005 to 28 February 2005 for firms falling in industry block 176

31 October 20046

177

DISP 1.4.18 R - DISP 1.4.20 G

R7

A firm must apply DISP as it applied before amendment by the Depolarisation Instrument to complaints received before 14 January 2005.7

From 14 January 2005.7

14 January 20057

1-Deposit acceptors

Number of accounts relevant to the activities in DISP 2.6.1 R

2-Firms that undertake insurance activities, subject to prudential regulation only (excluding firms in blocks 13 & 15)

Relevant annual gross premium income

3-Society of Lloyd's

Flat fee

4-Firms that undertake insurance activities, subject to both prudential and conduct of business regulation (long term life insurers)

(excluding firms in block 15)

Relevant adjusted annual gross premium income

5-Fund managers (including those holding client money/assets and not holding client money/assets)

Relevant funds under management

6-Operators, Trustees and Depositaries of collective investment schemes

Flat fee

7-Firms dealing as principal

Number of relevant traders

8-Advisory arrangers, dealers or brokers (holding or controlling client money and/or assets)

Number of relevant approved persons (controlled functions 21, 22, 24, 25, 26)

9-Advisory arrangers, dealers or brokers (not holding or controlling client money and/or assets)

Number of relevant approved persons (controlled functions 21, 22, 24, 25, 26)

10-Corporate finance advisers

Number of relevant approved persons (controlled function 23)

11-Execution-only arrangers, dealers or brokers

Flat fee

12-Advisory only firms

Number of relevant approved persons (controlled functions 21, 22, 24, 25)

13-Cash plan health providers

Flat fee

15-Friendly Societies whose tax-exempt business represents 95% or more of their total relevant business

Flat fee

The industry blocks in Table 2 are the same as the equivalent activity group set out in part 7 of SUP 20 Annex 1.

Where the tariff base in the table is defined in similar terms as the tariff base for the equivalent activity group set out in part 7 of SUP 20 Annex 1, it must be calculated in the same way as that tariff base except that it takes into account only the firm's relevant business.