COMP 1 Introduction and Overview

This chapter is relevant to:

1. (1)

   the FSCS;

2. (2)

   eligible claimants;

3. (3)

   firms; and

4. (4)

   successors.

This sourcebook is principally relevant to the FSCS. It sets out the circumstances in which compensation may be paid, to whom compensation may be paid, and on whom the FSCS can impose levies to meet the costs of paying compensation (see in particular COMP 3, 4, and FEES 6). It also describes how the FSCS is to calculate compensation in particular cases (see COMP 12).

Claimants and their advisers will be particularly interested in the sections of this sourcebook which deal with eligibility for claiming compensation, the way that the FSCS calculates compensation, and how they can make a claim. For convenience, the relevant parts of this sourcebook are highlighted in a list of questions and answers in COMP 1.3.3 G.

Firms will be particularly interested in FEES 6, which deals with levies, and COMP 1.6.1R, which requires firms to deal with the FSCS in an open, cooperative and timely way.

The FSA established the Financial Services Compensation Scheme Limited, a company limited by guarantee (FSCS). The FSCS exercises the functions that are conferred on the scheme manager by Part XV of the Act, dealing with compensation.

The FCA and PRA are also required, under section 213 of the Act (The compensation scheme), to make rules establishing a compensation scheme. The FCA’s rules are set out in the remaining chapters of this sourcebook, and are directed to the FSCS, claimants and potential claimants, and firms. The PRA’s rules dealing with claims for deposits and under contracts of insurance are set out in the PRA Rulebook.

The FSCS will only pay claims if a firm or a successor is unable or likely to be unable to meet claims against it because of its financial circumstances. If a firm (or, where applicable, a successor) is still trading and has sufficient financial resources to satisfy a claim, the firm (or, where applicable, the successor) will be expected to meet the claim itself. This can, for example, be an amount the firm agrees with the claimant, or the amount of an Ombudsman award from the Financial Ombudsman Service.

COMP 1 consists of guidance which is aimed at giving an overview of how this sourcebook works. The provisions of COMP 2 to COMP 12A cover who is eligible, the amount of compensation and how it might be paid.

This sourcebook is one of the means by which the FCA will meet its statutory objectives of securing an appropriate degree of protection for consumers and protecting and enhancing the integrity of the UK financial system.

By making rules that allow the FSCS to provide compensation at a level appropriate for the protection of retail consumers and small businesses, the FCA enables consumers to participate in the financial markets with the confidence that they will be protected, at least in part, should the relevant person with whom they are dealing, or a successor, be unable to satisfy claims against it.

While this sourcebook deals with the main powers and duties of the FSCS, it does not provide the complete picture. Other aspects of the operation of the FSCS are dealt with through the powers of the Financial Services Compensation Scheme Limited under company law (such as the power to borrow, to take on premises, etc.).

1. (1)

   In addition, the Act itself confers certain powers upon the FSCS, such as a power under section 219 of the Act (Scheme Manager's powers to require information) to require persons to provide information. These powers are not, therefore, covered by this sourcebook.

2. (2)

   Of specific relevance to the way in which the FSCS fulfils its responsibilities is the relationship between the FSCS and the FCA. This is covered in a Memorandum of Understanding which can be found on the FCA website http://www.fca.org.uk.

The FSCS provides information to claimants and potential claimants about the way the FSCS works and the procedures that need to be followed when making a claim. The FSCS can be contacted at Financial Services Compensation Scheme, 10th Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU, or by telephone or fax (Tel: 0800 678 1100 or Fax: 020 7741 4100).

Information about the operation of the FSCS and how to claim is also available from the FSCS website (www.fscs.org.uk).

The compensation scheme will not compensate members or former members if firms are unable to satisfy claims made in connection with regulated activities relating to their participation in Lloyd's syndicates. Separate rules and guidance are therefore needed.

The arrangements referred to in COMP 1.5.8 R:

1. (1)

   will not compensate losses arising only as a result of underwriting or investment risk to which individual members or former members who were individual members are or were exposed by their participation in Lloyd's syndicates;

2. (2)

   may be restricted to compensation for losses arising out of fraud, dishonesty or failure to account; and

3. (3)

   should cover all regulated activities carried on by underwriting agents relating to Lloyd's syndicate capacity and syndicate membership.

The arrangements referred to in COMP 1.5.8 R should have a governance structure that is operationally independent from the Society, but which is nevertheless accountable to the Society for the proper administration of the compensation arrangements.