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  2. Point in time
    2008-09-19

REC 2.16 Complaints

REC 2.16.1UKRP

Schedule to the Recognition Requirements Regulations, Paragraph 9

2(1)

The [UK RIE] must have effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of itsregulatory functions.

(2)

But sub-paragraph (1) does not extend to -

(a)

complaints about the content of rules made by the [UK RIE], or

(b)

complaints about a decision against which the complainant has the right to appeal under procedures of the kind mentioned in paragraph 8(2)(b).

(3)

The arrangements must include arrangements for a complaint to be fairly and impartially investigated by apersonindependent of the [UK RIE], and for him to report on the result of his investigation to the [UK RIE] and to the complainant.

(4)

The arrangements must confer on thepersonmentioned in sub-paragraph (3) the power to recommend, if he thinks appropriate, that the [UK RIE] -

(a)

makes a compensatory payment to the complainant,

(b)

remedies the matter complained of,

or takes both of those steps.

(5)

Sub-paragraph (3) is not to be taken as preventing the [UK RIE] from making arrangements for the initial investigation of a complaint to be conducted by the [UK RIE].
REC 2.16.2UK

Schedule to the Recognition Requirements Regulations, Paragraph 23

2(1)

The [UK RCH] must have effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of itsregulatory functions.

(2)

But sub-paragraph (1) does not extend to -

(a)

complaints about the content of rules made by the [UK RCH], or

(b)

complaints about a decision against which the complainant has the right to appeal under procedures of the kind mentioned in paragraph 22(2)(b).

(3)

The arrangements must include arrangements for a complaint to be fairly and impartially investigated by apersonindependent of the [UK RCH], and for him to report on the result of his investigation to the [UK RCH] and to the complainant.

(4)

The arrangements must confer on thepersonmentioned in sub-paragraph (3) the power to recommend, if he thinks it appropriate, that the [UK RCH] -

(a)

makes a compensatory payment to the complainant,

(b)

remedies the matter complained of,

or takes both of those steps.

(5)

Sub-paragraph (3) is not to be taken as preventing the [UK RCH] from making arrangements for the initial investigation of a complaint to be conducted by the [UK RCH].
REC 2.16.3GRP

In determining whether a UK recognised body has effective arrangements for the investigation and resolution of complaints arising in connection with the performance of, or failure to perform, any of its regulatory functions, the FSA may have regard to the extent to which the UK recognised body's resources and procedures enable it to:

  1. (1)

    acknowledge complaints promptly;

  2. (2)

    make an objective, prompt and thorough initial investigation of complaints;

  3. (3)

    provide a timely reply to the complainant after that initial investigation;

  4. (4)

    inform the complainant of his right to apply to the UK recognised body'scomplaints investigator; and

  5. (5)

    keep adequate records of complaints and investigations.

REC 2.16.4GRP

In determining whether a UK recognised body's arrangements for the investigation of complaints include appropriate arrangements for the complaint to be fairly and impartially investigated by an independent person (a "complaints investigator"), the FSA may have regard to:

  1. (1)

    the arrangements made for appointing (and removing) a complaints investigator, including the terms and conditions of such an appointment and the provision for remuneration of a complaints investigator;

  2. (2)

    the complaints investigator's access to, and relationship with, the UK recognised body'sgoverning body and key individuals;

  3. (3)

    the arrangements made for giving complainants access to the complaints investigator;

  4. (4)

    the facilities made available to the complaints investigator to enable him to pursue his investigation and prepare his report and recommendations, including access to the UK recognised body's records, key individuals and other staff (including, where appropriate suppliers, contractors or other persons to whom any functions have been outsourced and their staff); and

  5. (5)

    the arrangements made for the UK recognised body to consider the complaints investigator's report and recommendations.