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relevant existing complaint

(in accordance with the Ombudsman Transitional Order) a complaint which:

  1. (a) was referred to a former scheme at any time before commencement, by a person who was at that time entitled, under the terms of the former scheme, to refer such a complaint (whether described in that scheme as the making of a complaint, the referral of a dispute, the submission of a claim, or otherwise); and
  2. (b) has not, before commencement, been rejected, withdrawn, settled or determined by the former Ombudsman (whether by a substantive decision, or by closure of the case without a substantive decision).3