[404B Complaints to the ombudsman scheme]
[404B Complaints to the ombudsman scheme]

[(1)     If—

(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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