MAR 9.2D Complaints concerning the performance of a CTP

1A CTP must have effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of its functions as a CTP under the rules in this chapter and other regulatory obligations. A CTP must make public how such a complaint may be raised.

The arrangements must include arrangements for a complaint to be fairly and impartially investigated by a complaints investigator independent of the CTP, and for the complaints investigator to report the result of the investigation to the CTP and to the complainant.

The arrangements must confer on the complaints investigator the power to recommend, if the complaints investigator thinks appropriate, that the CTP remedies the matter complained of.

MAR 9.2D.1R(3) is not to be taken as preventing the CTP from making arrangements for the initial investigation of a complaint to be conducted by the CTP.

Where a CTP has investigated a complaint arising in connection with the performance of, or failure to perform, any of its functions as a CTP under the rules in this chapter and other regulatory obligations, and the complaints investigator has made a recommendation in respect of that complaint that the CTP should remedy the matter which was the subject of that complaint, the CTP must immediately:

1. (a)

   notify the FCA of that event; and

2. (b)

   give the FCA a copy of the complaints investigator’s report and particulars of the complaints investigator’s recommendation as soon as that report or the recommendation is available to it.