DISP TP 1 Transitional provisions
DISP TP 1.1 Transitional Provisions table
(1) |
(2) Material provision to which transitional provision applies |
(3) |
(4) Transitional provision |
(5) Transitional provision: dates in force |
(6) Handbook provision: coming into force |
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1 |
R |
Expired9 9 |
9 | 9 | |||||
111A |
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 |
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| 1445 | 1445 | 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". 1445 |
From 1 November 2007 |
1 November 2007 |
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2 |
R |
Expired9 9 |
9 | 9 | |||||
3 |
G |
Expired9 9 |
9 | 91445 | |||||
6 |
DISP 2, DISP 3 843 and 1445FEES 5843 1445 |
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. 1445 |
From commencement |
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17 |
DISP 2, DISP 3 and 1445FEES 5843 8431445 |
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. 14451445 |
From commencement |
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37A |
1445 | 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 1445 |
From 1 June 2004 |
Amended with effect from 1 June 2004 |
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37B |
1445 | 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 144515 |
From 1 June 2004 |
Amended with effect from 1 June 2004 |
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8 |
DISP 1 DISP 2 DISP 3 DISP 4 and1445 FEES 5843 8431445 |
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 8431445 |
From commencement |
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9 |
R |
Expired9 999 |
9 | 9 | |||||
102 |
R2 |
Expired13 1313 |
13 | ||||||
112 |
R2 |
Expired13 131313 |
13 | 13 | |||||
122 |
R2 |
Expired13 13 |
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134 |
R4 |
Deleted13 13 |
13 | 13 | |||||
144 |
G4 |
Expired13 13 |
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156 |
843 | R6 |
Expired13 13 |
13 | 13 | ||||
166 |
843 | G6 |
Expired13 13 |
13 | 13 | ||||
177 |
DISP 1.3.12R - DISP 1.3.17R1244 1244 |
R7 |
Deleted13 13 |
13 | 13 | ||||
1018 |
DISP 1.10.1 R and DISP 1.10.2 R, DISP 1.10.4 R1244 and DISP 1 Annex 1 1244 |
R |
12441244 | 18 | 18 | ||||
1319 |
R |
Expired18 18 |
18 | 18 | |||||
R |
Expired18 18 |
18 | 18 | ||||||
1621 |
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 |
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1622 |
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 |
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2023 |
R |
No firm is required to publish a complaints data summary in accordance with DISP 1.10A.1R (1) or DISP 1.10A.1R (2) if that summary would relate to a reporting period ending on or before 31 December 2009. |
6 April 2010 to 31 August 2010 |
6 April 2010 |
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2024 |
R |
Where a firm, which has a reporting period ending on or after 1 January 2010, submits its report to the FSA in accordance with the complaints reporting rule between 1 January 2010 and 5 April 2010, the firm must publish a complaints data summary in accordance with DISP 1.10A.1 R no later than 31 August 2010. |
6 April 2010 to 31 August 2010 |
6 April 2010 |
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2025 |
R |
The Society is not required to publish a complaints data summary in accordance with DISP 1.11.6A R if that summary would relate to a reporting period ending on or before 31 December 2009. |
6 April 2010 to 31 August 2010 |
6 April 2010 |
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1926 |
R |
In relation to complaints about the sale of payment protection contracts where the respondent has sent the complainant a final response between 28 November 2009 and 28 April 2010 inclusive, time for the purposes of DISP 2.8.2 R (1) is to be treated as not running whilst this transitional provision is in force. |
From 28 May 2010 to 27 October 2010 |
6 November 2008 |
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2127 |
R |
In respect of complaints which relate to a firm's activities in respect of regulated sale and rent back agreements DISP 1.10.5 R is disapplied and is replaced by the following: "Reports are to be submitted to the FSA within 30 business days of the end of the relevant reporting periods either in hard copy form or by email, to dmt.inbox@fsa.gov.uk." |
From 30 June 2010 to 29 June 2011 |
30 June 201023 |
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2327A |
Amendments to DISP made in the Consumer Redress Schemes Instrument 2011 |
The amendments do not apply in relation to any consumer redress scheme imposed before the instrument came into force on a particular firm, or on a particular payment service provider or electronic money issuer, as envisaged by section 404F(7) of the Act. |
From 1 August 2011 indefinitely |
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R |
For a complaint referred to the Financial Ombudsman Service before 1 January 2012 the maximum money award which the Ombudsman may make is £100,000. |
From 1 January 2012 |
1 January 201222 |
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The amendments to DISP 2.7.6R (12) effected by the Dispute Resolution: Complaints (Amendment No 4) Instrument 2011 |
R |
The amendments referred to in column (2) do not affect who is an eligible complainant for the purpose of DISP 2.7.6 R (12)(a) in respect of complaints that relate to acts or omissions that occurred before 1 January 2012. |
From 1 January 2012 |
1 January 201226 |
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2229 |
R |
Where a firm reports information on any complaints closed under a two-stage procedure before 1 July 2012, the rules and guidance in DISP 1.6.6 R, DISP 1.10.3G (2), DISP 1.10.7R (3), and DISP 1.10.8 G and DISP 1 Annex 1 apply as they stood on 30 June 2012. |
1 July 2012 to 31 December 2012 |
1 August 2009 |
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2631 |
R |
(1) A firm is not liable to pay the administrative fee in DISP 1.10.6A R in respect of a failure to submit a report in accordance with DISP 1.10.5 R for a relevant reporting period ending before 1 March 2012. (2) Relevant reporting period in (1) has the meaning in DISP 1.10.4 R. |
From 1 March 2012 |
1 March 2012 |
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DISP TP 1.2 Table Fee tariffs for industry blocks [deleted]18
DISP TP 1.3 [deleted]18
DISP TP 1.4 Payment Services Regulations 2009 transitioning payment institutions
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"). |
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2 |
R |
This TP applies from 1 November 2009 until 30 April 2011. |
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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. |
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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: |
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(1) |
it could consider that complaint under the Compulsory Jurisdiction if it related to a payment institution; and |
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(2) |
(where the transitioning payment institution is a licensee) the complaint relates to an act or omission in providing payment services. |
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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 |
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(2) |
to bring them within the scope of the Compulsory Jurisdiction to the same extent as payment institutions. |
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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. |
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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. |
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