DISP TP 1 Transitional provisions

1

DISP 1.2.15 G

R

Expired9

111A

DISP 1

R

A complaint received by a respondent1244 on or before 31 October 2007 should be handled, resolved, recorded and reported in accordance with the requirements of DISP as they stood at the date the complaint was received.

From 1 November 2007

1 November 2007

12441B

DISP 2.7.9 R1445

In relation to a complaint concerning an act or omission before 1 November 2007, in DISP 2.7.9R (2) 1445 substitute "an intermediate customer or market counterparty" for "(a) a professional client or (b) eligible counterparty".

From 1 November 2007

1 November 2007

2

DISP 1.5.4 R - DISP 1.5.7 R

R

Expired9

3

DISP 1.5.4 R - DISP 1.5.7 R

G

Expired9

6

DISP 2, DISP 3 843 and 1445FEES 5843

R

In DISP 2, DISP 3 and 1445FEES 5843references 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 and 1445FEES 5843

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 and 843FEES 5843 include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints1445, where applicable.

From commencement

Commencement

37A

DISP 2.8.7 R1445

R

Nothing in DISP 2.8.7 R affects the position of a complaint which, on 31 May 2004, could not have been considered by the Ombudsman under DISP 2.8.2 R (2); or DISP 2.8.7R (1)(b) as it then stood (as DISP 2.3.6 R (1)(b)). 1445

From 1 June 2004

Amended with effect from 1 June 2004

37B

DISP 2.8.7 R1445

R

In the case of a complainant falling within DISP 2.8.7 R, (and whose time for referring a complaint under the rules as they stood before 1 June 200415 has not expired), time will expire in accordance with DISP 2.8.7 R 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 2.8.7R (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. 1445

From 1 June 2004

Amended with effect from 1 June 2004

8

DISP 1 DISP 2 DISP 3 DISP 4 and1445 FEES 5843

R

In relation to relevant complaints, references in DISP 1, DISP 2, DISP 3, DISP 4 and FEES 5843 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. 1445

From commencement

Commencement

9

DISP 5.5.1 R

R

Expired9

102

DISP 1.10.1 R and DISP 1.10.2 R12442

R2

Expired13

112

DISP 1.10.1 R and DISP 1.10.2 R12442

R2

Expired13

122

DISP 1.10.1 R and DISP 1.10.2 R12442

R2

Expired13

13

134

DISP 14

R4

Deleted13

144

G4

Expired13

156

FEES 5.4.1 R843

R6

Expired13

166

FEES 5.4.1 R843

G6

Expired13

177

DISP 1.3.12R - DISP 1.3.17R1244

R7

Deleted13

1018

DISP 1.10.1 R and DISP 1.10.2 R, DISP 1.10.4 R1244 and DISP 1 Annex 1

R

(1)

Solely in respect of information regarding any reversion activity or home purchase activity required to be reported in DISP 1.10.1 R and DISP 1.10.2 R1244, a firm is not required to include such information in respect of relevant reporting periods (as set out in DISP 1.10.4 R1244) ending before 1 October 2007;

1 April 2007 to 31 December 2008

Commencement

(2)

For the purpose of reporting complaints under generic product types in DISP 1 Annex 1;

(i)

complaints relating to home reversion plans must be reported under the heading of "Lifetime Mortgage"; and

(ii)

complaints relating to home purchase plans must be recorded under the heading of "Other Regulated Mortgage".

1319

DISP 1.10.1C R and DISP 1.10.1D G

R

Firms that submit a joint report before 31 July 2009 must clearly indicate in writing to the FSA the firms on whose behalf the report is submitted.

From 14 December 2007 to 31 July 2009

14 December 2007

144520

DISP 1.6.4 R

R

Where a complainant indicates after 6 July 2008 their acceptance of a response sent by the respondent under DISP 1.6.4 R before 6 July 2008 then that response need not have referred to the ultimate availability of the Financial Ombudsman Service.

From 6 July 2008 to 6 September 2008

6 July 200816

1621

DISP 2.7.3 R

R

A person is also an eligible complainant if:

(a) it is a business with a group annual turnover of less than £1 million at the time it refers the complaint to the respondent;

(b) the complaint relates to a contract or policy entered into by or for the benefit of the complainant before 1 November 2009; and

(c) if the complaint had been made immediately before 1 November 2009 the respondent was subject to, or participated in, the Ombudsman's jurisdiction in respect of the activity to which the complaint relates.

From 1 November 2009

1 November 2009

1622

DISP 2.7.3 R

G

Transitional provision 21R applies together with the other eligibility rules in DISP 2.7. So, for example, a person who is an eligible complainant under the transitional provision, will not be an eligible complainant if the complaint does not arise from matters relevant to one of the relationships set out in DISP 2.7.6 R.

From 1 November 2009

1 November 2009

1-Deposit acceptors

Number of accounts relevant to the activities in DISP 2.3.1 R1445

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 FEES 4 Annex 1 R843.

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 FEES 4 Annex 1 R843, it must be calculated in the same way as that tariff base except that it takes into account only the firm's relevant business.

171

R

This TP applies in relation to a person who falls within regulation 122(1) (Transitional provisions: requirement to be authorised as a payment institution) or regulation 123(1) (Transitional provisions: requirement to be registered as a small payment institution) of the Payment Services Regulations (a "transitioning payment institution").

2

R

This TP applies from 1 November 2009 until 30 April 2011.

3

R

DISP 1 (Treating complainants fairly) applies in relation to a transitioning payment institution as if the transitioning payment institution were a payment institution.

4

R

The Ombudsman can consider a complaint that relates to an act or omission by a transitioning payment institution under the Compulsory Jurisdiction if:

(1)

it could consider that complaint under the Compulsory Jurisdiction if it related to a payment institution; and

(2)

(where the transitioning payment institution is a licensee) the complaint relates to an act or omission in providing payment services.

5

G

The effect of this transitional provision is to:

(1)

apply to transitioning payment institutions as though they were payment institutions the complaints-handling requirements in DISP 1.1 to DISP 1.8; and

(2)

to bring them within the scope of the Compulsory Jurisdiction to the same extent as payment institutions.

6

G

Complaints relating to payment services, consumer credit activities or a combination of both can be considered under the Compulsory Jurisdiction. However, transitioning payment institutions that are licensees will remain subject to the Consumer Credit Jurisdiction for complaints that relate only to consumer credit activities.

467

R

The rules and guidance in FEES 5.5.1R, 5.5.6 R, FEES 5.5.7 R, 5.5.15 R, 5.7.2 R, 5.9.1 R and 5.9.2 G shall apply to transitioning payment institutions and persons that cease to be transitioning institutions in the same way as they apply to firms and firms that cease to be authorised.