OpenLegislation

Section 84 Arrangements for the investigation of complaintsI1I2C1C2

United Kingdom

(1)

The regulators must—

C3(a)

make arrangements (“the complaints scheme”) for the investigation of complaints arising in connection with the exercise of, or failure to exercise, any of their relevant functions (see section 85). F1...

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(1A)

The Treasury must appoint an independent person (“the investigator”) to be responsible for the conduct of investigations in accordance with the complaints scheme.

(2)

For the purposes of this Part “the regulators” are the FCA, the PRA and the Bank of England, and references to a regulator are to be read accordingly.

(3)

The complaints scheme must be designed so that, as far as reasonably practicable, complaints are investigated quickly.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The terms and conditions on which the investigator is appointed must be such as, in the opinion of the F5Treasury, are reasonably designed to secure—

(a)

that the investigator will be free at all times to act independently of the regulators, and

(b)

that complaints will be investigated under the complaints scheme without favouring the regulators.

Annotations

Textual amendments

F1

Word in s. 84(1)(a) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(a), 86(3); S.I. 2023/779, reg. 4(xx)

F2

S. 84(1)(b) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(b), 86(3); S.I. 2023/779, reg. 4(xx)

F3

S. 84(1A) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(c), 86(3); S.I. 2023/779, reg. 4(xx)

F4

S. 84(4) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(d), 86(3); S.I. 2023/779, reg. 4(xx)

F5

Word in s. 84(5) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 76(2)(e), 86(3); S.I. 2023/779, reg. 4(xx)

Modifications

C1

S. 84 applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (S.I. 2013/442), arts. 1(3), 63(2)

C2

Ss. 84-86 applied by SI 2001/2326 art. 18(2) (as amended) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 paras. 49(b)(bb)-(ff), (ii)

C3

S. 84(1)(a) applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (S.I. 2013/442), arts. 1(3), 61(3)(a)

Commencement

I1

S. 84 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

I2

S. 84 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.