Paragraph 18

United Kingdom

(1)

Complaints are to be dealt with and determined under the voluntary jurisdiction on standard terms fixed by the scheme operator with the approval of the F1FCA.

(2)

Different standard terms may be fixed with respect to different matters or in relation to different cases.

(3)

The standard terms may, in particular—

(a)

require the making of payments to the scheme operator by participants in the scheme of such amounts, and at such times, as may be determined by the scheme operator;

(b)

make provision as to the award of costs on the determination of a complaint.

(4)

The scheme operator may not vary any of the standard terms or add or remove terms without the approval of the FCA.

(5)

The standard terms may include provision to the effect that (unless acting in bad faith) none of the following is to be liable in damages for anything done or omitted in the discharge or purported discharge of functions in connection with the voluntary jurisdiction—

(a)

the scheme operator;

(b)

any member of its governing body;

(c)

any member of its staff;

(d)

any person acting as an ombudsman for the purposes of the scheme.

Annotations

Textual amendments

F1: Word in Sch. 17 para. 18 substituted (24.1.2013 for specified purposes, 19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 28 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(b)

Notes on Schedule 17

Modifications

C1: Sch. 17 applied (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 125 (with reg. 3)
C2: Sch. 17 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)