Related provisions for FEES 1.1.1E

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FEES 5.5B.10GRP
In each of the Financial Ombudsman Service's jurisdictions, the annual budget reflects the total expected to be raised by levies plus the total expected to be raised by case fees for the relevant financial year.
FEES 5.3.1GRP
Each financial year, the FCA and FOS Ltd will consult on the amount of the annual budget19of the Financial Ombudsman Service which is to be raised by the general levy. 19
FEES 5.3.6RRP
A firm must pay to the FCA a general levy towards the costs of operating the Compulsory Jurisdiction of the Financial Ombudsman Service.
FEES 12.2.1RRP
FOS Ltd must pay the FOS ADR levy:(1) in full and without deduction; and(2) in accordance with this chapter.
FEES 12.2.2RRP
(1) The FCA will raise the FOS ADR levy annually in arrears. (2) The FCA will invoice FOS Ltd in April for the FOS ADR levy relating to the previous fee year.(3) FOS Ltd must pay the FOS ADR levy within 30 days of the date of the invoice.
FEES 12.2.3RRP
The FOS ADR levy is calculated as follows:(1) Determine the number of hours, or part of an hour, taken by the FCA, in performing functions under the ADR Regulations.(2) Using the table at FEES 3 Annex 9R(11), determine the relevant pay grades of those employed by the FCA to perform the functions under the ADR Regulations.(3) Next, multiply the applicable rate in the table at FEES 3 Annex 9R(11) by the number of hours or part hours obtained under (1).(4) Then add any fees and disbursements
FEES 12.2.5GRP
The obligation to pay the FOS ADR levy is ongoing.
FEES 2.1.1RRP
621Except to the extent referred to in FEES 2.1.1A R, this1621120 chapter applies to every person who is required to pay a fee or share of a levy to the FCA12, FOS Ltd or FSCS, as the case may be, by a provision of the Handbook.
FEES 2.1.1ARRP
621This chapter does not apply in relation to:88(1) FEES 5.5A; or8(2) FEES 5 Annex 2R; or8(3) FEES 5 Annex 3R; or8(4) a PSR fee8; or9(5) [deleted]1691010(6) [deleted]161011(7) 11the FOS ADR levy.
FEES 2.1.5GRP
(1) The following enable the FCA to charge fees to cover its costs and expenses in carrying out its functions:13(a) paragraph 23 of Schedule 1ZA of the Act;13(b) regulation 92 of the Payment Services Regulations;13(c) regulation 59 of the Electronic Money Regulations;13(d) article 25(a) of the MCD Order;1513(e) regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations. 13(f) regulation 18 of the Small and Medium Sized Business (Finance Platforms)
FEES 2.1.7GRP
The key components of the FCA12fee mechanism (excluding the FSCS5levy, the FOS5 levy and case fees16 which are dealt with in FEES 5 and16FEES 616)5 are:55555(1) a funding requirement derived from:(a) the FCA’s12financial management and reporting framework;(b) the FCA’s12budget; and(c) adjustments for audited variances between budgeted and actual expenditure in the previous accounting year, and reserves movements (in accordance with the FCA’s12reserves policy);(2) mechanisms for
FEES 5.1.2AGRP

718Table of FEES 5 rules made by the FOS Ltd

FEES 5 rules made by the FOS Ltd

Description

FEES 5.5B19

19

Rules relating to case fees

FEES 5 Annex 2R

Annual Levy Payable in Relation to the Voluntary Jurisdiction

FEES 5 Annex 3R

Case Fees Payable

FEES 5.1.7GRP
The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FCA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service.This Chapter4 also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.44
FEES 1.1.1GRP
(1) FEES applies to all persons required to pay a fee or levy under a provision of the Handbook. The purpose of this chapter is to set out to whom the rules and guidance in FEES apply. 30(2) FEES 2 (General Provisions) contains general provisions which may apply to any type of fee payer.30(3) FEES 3 (Application, Notification and Vetting Fees) covers one-off fees payable on a particular event for example:3330(a) 33various application fees (including those in relation to authorisation,
FEES 2.2.1RRP
If a person does not pay the total amount of a periodic fee3, FOS levy, or share of the FSCS levy,18CFEB levy, SFGB levy or DA levy20, before2 the end of the2 date on which it is due, under the relevant provision in FEES 4, 5, 6, 7, 7A or 7B,20 that person must pay an additional amount as follows: 342972361826618(1) if the fee was not paid in full before the end of the due date, an administrative fee of £250; plus(2) interest on any unpaid part of the fee at the rate of 5% per
FEES 2.2.2GRP
21The FCA22, (for FCA and PRA22periodic fees, FOS and FSCS levies, CFEB levies, SFGB levies and a DA levy20), expects11 to issue invoices at least 30 days before the date on which the relevant amounts fall due. Accordingly it will generally be the case that a person will have at least 30 days from the issue of the invoice before an administrative fee becomes payable.22186723117232
FEES 2.2.3GRP
(1) Paragraph15 23(8) of Schedule 1ZA of the Act permits the FCA to recover fees (including fees relating to payment services, the issuance of electronic money, 17CBTL firms, data reporting services providers,17designated credit reference agencies, designated finance platforms16 and, where relevant, FOS levies, 21SFGB levies, and a DA levy20).1418(2) Section 213(6) of the Act permits the FSCS to recover shares of the FSCS levy payable, as a debt owed to the FCA and FSCS respectively.
FEES 2.2.4GRP
21In addition, the FCA13may be entitled to take regulatory action in relation to the non-payment of fees,6FOS levies, CFEB levies, SFGB levies and a DA levy20. The FCA136 may also take regulatory action in relation to the non-payment of FOS case fees or 723 a723 share of the FSCS levy, after reference of the matter to the6FCA13 by the6FSCS. What action (if any) that is taken by the FCA13will be decided upon in the light of the particular circumstances of the case.66186723723
DISP 4.2.6RRP
The following rules in FEES apply to VJ participants as part of the standard terms, but substituting 'VJ participant' for 'firm':(1) FEES 2.2.1 R (late payment) but substituting 'FOS Ltd' for 'the FCA';2020(2) FEES 2.3.1 R and 2.3.2 R (remission of fees);(3) [deleted]23(4) FEES 5.3.6 R (general levy) but substituting:(a) 'Voluntary Jurisdiction' for 'Compulsory Jurisdiction' ; and(b) 'FOS Ltd' for 'the FCA';2020(5) FEES 5.3.8 R (calculation of general levy) but substituting:23(a)
DISP 4.2.7RRP
A VJ participant may not withdraw from the Voluntary Jurisdiction unless:(1) the VJ participant has submitted to FOS Ltd a written plan for:(a) notifying its existing customers of its intention to withdraw; and(b) handling complaints against it before its withdrawal;(2) the VJ participant has paid the general levy for the year in which it withdraws and any other fees payable; and(3) FOS Ltd has approved in writing both the VJ Participant's plan and the date of withdrawal (which
FEES 2.3.1RRP
9If it appears to the FCA5 or410 the FSCS (in relation to any FSCS levy only) 2 that in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy2,3FOS levy, CFEB levy, SFGB levy or DA levy8 would be inequitable, the FCA5 or410 the FSCS2 as relevant, may (unless FEES 2.3.2B R applies)1 reduce or remit all or part of the fee or levy in question which would otherwise be payable. 4103410364103410
FEES 2.3.2RRP
If it appears to the FCA5 or410 the FSCS (in relation to any FSCS levy only)2 that in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA5 the FSCS,2 or the CFEB3, as relevant, of a fee,3FOS levy, CFEB levy, SFGB levy or DA levy8 which has been paid would be inequitable, the FCA5 the FSCS2 or the CFEB3, may (unless FEES 2.3.2B R applies)1 refund all or part of that fee or levy.41034103410363410
FEES 12.4.1GRP
The FCA may reduce or remit all or part of the FOS ADR levy applicable to FOS Ltd if it appears to the FCA that in the exceptional circumstances of a particular case paying all or part of it would be inequitable.
FEES 12.4.2GRP
The FCA may refund all or part of the FOS ADR levy applicable to FOS Ltd if it appears to the FCA that in the exceptional circumstances of a particular case retaining all or part of the FOS ADR levy applicable to FOS Ltd would be inequitable.
FEES 12.3.1RRP
If FOS Ltd does not pay the total amount of the FOS ADR levy before the end of the date on which it is due, it must pay:(1) an administrative fee of £250; and(2) interest on any unpaid part of the levy at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 12.3.2GRP
(1) The FCA may recover the FOS ADR levy as a debt owed to the FCA under paragraphs 23(8) of Schedule 1ZA of the Act.(2) The FCA will consider taking action for recovery (including interest) through the civil courts.
FEES 5.9.3GRP
[deleted]3838
FEES 5.8.1RRP
A firm which becomes subject to the Financial Ombudsman Service part way through a financial year must pay a rateable proportion of the general levy as specified in the formula set out in FEES 4.2.7ER8.255
FEES 5.4.1RRP
(1) A firm must provide the FCA by the end of February each year (or, if the firm has become subject to the Financial Ombudsman Service part way through the financial year, by the date requested by the FCA) with a statement of:(a) the total amount of relevant business (measured in accordance with the appropriate tariff base(s)) which it conducted; or8(b) in the case of firms in industry blocks 2 and 4, the gross written premium for fees purposes as defined in FEES 4 Annex 1AR