Part XVI The Ombudsman Scheme (ss 225-[234B)
Part XVI The Ombudsman Scheme (ss 225-[234B)

225 The scheme and the scheme operator

(1)     This Part provides for a scheme under which certain disputes may be resolved quickly and with minimum formality by an independent person.

(2)     The scheme is to be administered by a body corporate (“the scheme operator”).

(3)     The scheme is to be operated under a name chosen by the scheme operator but is referred to in this Act as “the ombudsman scheme”.

(4)     Schedule 17 makes provision in connection with the ombudsman scheme and the scheme operator.


226 Compulsory jurisdiction

(1)     A complaint which relates to an act or omission of a person (“the respondent”) in carrying on an activity to which compulsory jurisdiction rules apply is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.

(2)     The conditions are that—

(a)     the complainant is eligible and wishes to have the complaint dealt with under the scheme;

(b)     the respondent was an authorised person[, [or an electronic money issuer within the meaning of the Electronic Money Regulations 2011] or a payment service provider within the meaning of the Payment Services Regulations [2017],] at the time of the act or omission to which the complaint relates; and

(c)     the act or omission to which the complaint relates occurred at a time when compulsory jurisdiction rules were in force in relation to the activity in question.

(3)     “Compulsory jurisdiction rules” means rules—

(a)     made by the [FCA] for the purposes of this section; and

(b)     specifying the activities to which they apply.