(a) a consumer makes a complaint under the ombudsman scheme in respect of an act or omission of a relevant firm, and
(b) at the time the complaint is made, the subject-matter of the complaint falls to be dealt with (or has been dealt with) under a consumer redress scheme,
the way in which the complaint is to be determined by the ombudsman is to be as mentioned in subsection (4).
[(1A) Subsection (1) does not apply if the consumer and the relevant firm agree that it should not apply.]
(2) If a consumer—
(a) is not satisfied with a determination made by a relevant firm under a consumer redress scheme, or
(b) considers that a relevant firm has failed to make a determination in accordance with a consumer redress scheme,
the consumer may, in respect of that determination or failure, make a complaint under the ombudsman scheme.
[(2A) The way in which a complaint mentioned in subsection (2) is to be determined by the ombudsman is to be as mentioned in subsection (4).
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