COMP INTRO
Introduction
COMP INTRO 1
Foreword
- 01/12/2004
(This Foreword to the Compensation sourcebook does not form part of COMP.)
The Act requires the FSA to make rules establishing a scheme for compensating consumers when authorised firms are unable, or likely to be unable, to satisfy claims against them. The body established to operate and administer the compensation scheme is the Financial Services Compensation Scheme Limited (FSCS). By making rules that allow the FSCS to pay compensation to retail consumers and small businesses, focusing protection on those who need it most, the compensation scheme rules form an important part of the toolkit the FSA will use to meet its statutory objectives.
This module of the FSA Handbook contains the rules and guidance that allow the Financial Services Compensation Scheme Limited to pay claims for compensation or secure continuity of insurance when an authorised person is unable or likely to be unable to meet claims against it. The rules specify who is eligible to receive compensation and in what circumstances, how much compensation can be paid to a claimant; and how the scheme will be funded. The compensation rules are of interest to consumers. The rules apply to the FSCS and to authorised firms.
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The Sourcebook is divided into 14 Chapters covering all aspects of the scheme:
Chapter 1: Introduction and Overview
This chapter provides an introduction to the FSCS rules and a table of question and answers that may be of interest to consumers.
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Chapter 2: The FSCS
This chapter gives the FSCS the duty to administer the compensation scheme. It also sets out the general conditions the FSCS must follow when administering the scheme such as having regard to the efficient and economic use of resources, the requirement to publish an Annual Report, and the duty to ensure consumers are informed about how they can make a claim. The rules in this chapter also require the FSCS to have in place procedures for dealing with complaints.
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Chapter 3 The qualifying conditions for paying compensation
This chapter sets out the main qualifying conditions that must be satisfied before the FSCS can pay compensation to claimants or take steps to secure continuity of insurance. These are that a claimant is eligible to claim; the activity that gave rise to the loss is protected by the scheme; the firm against which the claim is being made is protected by the scheme; and that the claimant has assigned his rights to the scheme. Chapters 4-7 expand on the general conditions described in Chapter 3.
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Chapter 4 Eligible claimants
This chapter specifies who is eligible to receive compensation or benefit from the continuity of insurance provided by the FSCS.
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Chapter 5 What is a protected claim?This chapter specifies the activities that are protected by the FSCS.
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Chapter 6 Relevant persons in default
This chapter specifies the circumstances when a firm is in default, that is, when a firm is to be taken as being unable or likely to be unable to meet claims against it. The FSCS can only pay compensation, take steps to secure continuity of insurance, or provide assistance to an insurer in financial difficulties if the circumstances specified in Chapter 6 are met
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Chapter 7 Assignment of rights
This chapter enables the FSCS to make an offer of compensation conditional on the claimant assigning to it their rights to claim against the failed firm. If the FSCS recovers from the firm a greater sum than it has paid to the claimant, it must pay the balance to the claimant.
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Chapter 8 Rejection of application and withdrawal of offer
This chapter allows the FCSS to reject an application for compensation or withdraw an offer of compensation in specified circumstances.
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Chapter 9 Time limits on payment and postponing payment
This chapter requires the FSCS to pay a claim for compensation within a specified time unless specified conditions apply.
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Chapter 10 Limits on the amount of compensation payable
This chapter specifies the maximum amount of compensation the FSCS can pay to a claimant, and the limits on the FSCS's duty to secure continuity of insurance for policyholders. Different limits apply depending on whether a claim is for a deposit, a claim on an insurance policy, or a claim in connection with an investment.
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Chapter 11 Payment of compensation
This chapter specifies to whom the FSCS may pay compensation. In certain circumstances compensation may be paid to a person other than the claimant.
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Chapter 12 Calculating compensation
This chapter specifies how the FSCS will calculate the amount of compensation it can pay to a claimant
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Chapter 13 Funding
Chapter 13 relating to the funding of the FSCS has now been deleted. The funding provisions for the FSCS are now contained in FEES 6 instead and allow the FSCS to make levies on authorised firms to fund the operation of the scheme, to pay compensation or secure continuity of insurance. FEES 6 specifies how FSCS can make levies, how costs are to be allocated, the maximum the FSCS can levy in any particular period of time, and how sums recovered from failed firms are to be treated.
Chapter 14 Participation by EEA firms
This chapter sets out the way the FSCS deals with incoming EEA firms who may choose to top-up into the FSCS to supplement the compensation available from their home state scheme.
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COMP 1
Introduction and Overview
COMP 1.1
Application, Introduction, and Purpose
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Application
COMP 1.1.1
See Notes
COMP 1.1.2
See Notes
This sourcebook is principally relevant to the FSCS. It sets out the circumstances in which compensation may be paid, to whom compensation may be paid, and on whom the FSCS can impose levies to meet the costs of paying compensation (see in particular COMP 3, 4, and
FEES 6
). It also describes how the FSCS is to calculate compensation in particular cases (see COMP 12).
COMP 1.1.3
See Notes
Claimants and their advisers will be particularly interested in the sections of this sourcebook which deal with eligibility for claiming compensation, the way that the FSCS calculates compensation, and how they can make a claim. For convenience, the relevant parts of this sourcebook are highlighted in a list of questions and answers in COMP 1.3.3 G.
Introduction
COMP 1.1.5
See Notes
Under section 212 of the Act (The scheme manager), the FSA must establish a body corporate to exercise the functions that are conferred on that body corporateby Part XV of the Act, dealing with compensation. This body is the Financial Services Compensation Scheme Limited, a company limited by guarantee (FSCS).
COMP 1.1.6
See Notes
Purpose
COMP 1.1.7
See Notes
The FSCS will only pay claims if a firm is unable or likely to be unable to meet claims against it because of its financial circumstances. If a firm is still trading and has sufficient financial resources to satisfy a claim, the firm will be expected to meet the claim itself. This can, for example, be an amount the firm agrees with the claimant, or the amount of an Ombudsman award from the Financial Ombudsman Service.
COMP 1.1.8
See Notes
COMP 1.1.9
See Notes
This sourcebook is one of the means by which the FSA will meet its regulatory objectives of securing the appropriate degree of protection for consumers and maintaining confidence in the
financial system.
COMP 1.1.10
See Notes
By setting up the FSCS and making rules that allow the FSCS to provide compensation at a level appropriate for the protection of retail consumers and small businesses, the FSA enables consumers to participate in the financial markets with the confidence that they will be protected, at least in part, should the relevant person with whom they are dealing be unable to satisfy claims against it.
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COMP 1.2
The FSCS
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COMP 1.2.1
See Notes
While this sourcebook deals with the main powers and duties of the FSCS, it does not provide the complete picture. Other aspects of the operation of the FSCS are dealt with through the powers of the Financial Services Compensation Scheme Limited under company law (such as the power to borrow, to take on premises, etc.).
COMP 1.2.2
See Notes
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COMP 1.3
Claimants
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COMP 1.3.1
See Notes
The FSCS also provides information to claimants and potential claimants about the way the FSCS works and the procedures that need to be followed when making a claim. The FSCS can be contacted at 7th Floor, Lloyds Chambers, 1 Portsoken Street, London E1 8BN, or by telephone or fax (Tel: 020 7892 7300 or Fax: 020 7892 7301), or by e-mail (enquiries@fscs.org.uk).
COMP 1.3.2
See Notes
COMP 1.3.3
See Notes
Areas of particular interest to claimants (see COMP 1.1.3G).
This Table belongs to COMP 1.3.3 COMP 1.1.3 G .
| Q1 | What do I need to do in order to receive compensation? | ||
| A1 | In order to receive compensation: | ||
| (1) | you must be an eligible claimant; | COMP 4.2 | |
| (2) | you must have a protected claim; | COMP 5.2 | |
| (3) | you must be claiming against a relevant person; | COMP 6.2.1 R | |
| (4) | the relevant person must be in default. | COMP 6.3 | |
| In addition, if the FSCS requires you to do so, you must assign your legal rights in the claim to the FSCS. | COMP 7.2 | ||
| And you must bring your claim to the FSCS within a set time (normally within six years of the date on which your claim against the relevant person occurred). | COMP 8.2.3 R - COMP 8.2.5 R | ||
| It is possible, in certain circumstances, for someone else to make a claim on your behalf. | COMP 3.2.2 R | ||
| Q2 | How much compensation will I be offered? | ||
| A2 | This depends on whether your protected claim is: | ||
| (1) | a claim for a protected deposit; or | COMP 5.3 | |
| (2) | a claim under a protected contract of insurance; or | COMP 5.4 | |
| (3) | a claim in connection with protected investment business; or | COMP 5.5 | |
| (4) | a claim in connection with protected mortgage business; or | COMP 5.6 | |
| (5) | a claim in connection with protected non-investment insurance mediation. | COMP 5.7 | |
| Different limits apply to different types of claim. | COMP 10.2.3 R | ||
| Q3 | How will the FSCS calculate the compensation that is offered to me? | ||
| A3 | Again, this will depend on whether your protected claim is a: | ||
| (1) | a claim for a protected deposit; | COMP 12.2.1 R, COMP 12.3.1 R and COMP 12.4.1 R | |
| (2) | a claim under a protected contract of insurance; | COMP 12.2.1 R, COMP 12.3.2 R and COMP 12.4.9 R | |
| (3) | a claim in connection with protected investment business; or | COMP 12.2.1 R, COMP 12.3.5 R and COMP 12.4.2 R | |
| (4) | a claim in connection with protected mortgage business. | COMP 12.4.17 R | |
| (5) | a claim in connection with protected non-investment insurance mediation. | COMP 12.4.20 R | |
| Certain types of protected investment business claim require the FSCS to use a particular method of calculation. | COMP 12.4.5 R | ||
| Q4 | What happens if an insurance undertaking is insolvent? | ||
| A4 | If you have a long-term insurance contract which is not a reinsurance contract with an insolvent insurance undertaking, the FSCS will first try to secure continuity of insurance for you. | COMP 3.3, COMP 11.2.3 R and COMP 12.4.11 R | |
| If the FSCS achieves this, you will not necessarily receive any cash, but you will continue to be insured (though possibly with lower benefits than before). | COMP 3.3 and COMP 11.2.3 R. | ||
| You will receive cash compensation only if the FSCS cannot secure continuity of insurance cover or the cost of doing so would be unreasonable. | COMP 3.3.1 R and COMP 11.2.1 R | ||
| If you have a relevant general insurance contract which is not a reinsurance contract with an insolvent insurance undertaking, the FSCS will pay you cash compensation if it is unable to secure continuity of insurance cover or the cost of doing so would be unreasonable. | COMP 3.2.1 R and COMP 11.2.3 R | ||
| If the insurance undertaking is in "financial difficulties", the FSCS may try to arrange for another insurance undertaking to take over the business, or provide the insurance undertaking with financial assistance to carry on business. If this occurs, you will not receive cash compensation, but your policy will continue (though possibly with lower benefits than before). | COMP 3.3.3 R and COMP 11.2.3 R | ||
COMP 1.4
EEA Firms
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COMP 1.4.1
See Notes
Incoming EEA firms which are conducting regulated activities in the United Kingdom under a
BCD
, IMD,
ISD
or UCITS Directive passport are not required to participate in the compensation scheme in relation to those passported activities. They may apply to obtain the cover of, or 'top-up' into, the compensation scheme if there is no cover provided by the incoming EEA firm'sHome State compensation scheme or if the level or scope of the cover is less than that provided by the compensation scheme. This is covered by COMP 14.
COMP 1.4.2
See Notes
If an incoming EEA firm "tops-up", and then becomes insolvent, the Home State compensation scheme will pay compensation for claims up to the limit and scope of the Home State compensation scheme, with the FSCS paying compensation for the additional amount in accordance with the provisions in this sourcebook.
COMP 1.4.3
See Notes
The DGDand ICD require the FSCS to make arrangements with the relevant Home State compensation scheme regarding the payment of compensation (COMP 14.3.1R).
COMP 1.5
Application to Lloyd's
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COMP 1.5.1
See Notes
The
FSA
has exercised its power under section 316 of the Act (Direction by Authority) to direct in
LLD 8A (Compensation Arrangements for policyholders) that certain core provisions in the Act should apply to members of the Society of Lloyd's (an "insurance market direction"). The effect of the direction is that the
FSA
may, in relation to members, and in respect of insurance market activities carried on by them, exercise any of the statutory powers conferred by the provisions which are applied by the direction. Those include the powers in Part X to make general rules and give guidance and also the powers in Part XV to make rules for the establishment and operation of a compensation scheme. Accordingly this sourcebook makes provision for the payment of compensation by the FSCS in certain cases arising from insurance business carried on by members, and for raising levies on the Society.
COMP 1.5.2
See Notes
Notwithstanding anything to the contrary in this sourcebook, in relation to the Society, members and Lloyd's policiesFSCS must act, so far as is reasonably practicable, to ensure that:
(1)
Eligible claimants have protection under this sourcebook in relation to Lloyd's policies equivalent to that otherwise afforded to eligible claimants by the FSCS;
(2)
FSCS does not meet claims in relation to Lloyd's policies unless the Central Fund is unlikely to be able to meet them;
(3)
Claims against members under the compensation scheme which arise from the same loss under the same Lloyd's policy must be treated as a single claim;
(4) any recovery resulting from the exercise of any rights assigned to the FSCS in connection with the payment of compensation to an eligible claimant, is treated by the FSCS in accordance with COMP 7.2.4 R, and any such recovery which is not paid to the claimant in accordance with that rule, is used for the benefit of FSCS in priority to any interest that the Society may have.
COMP 1.5.3
See Notes
The effect of COMP 1.5.2 R(4) and COMP 7.2.4A R, and subject to COMP 7.2.4 R(2), is that any recovery obtained by FSCS is retained by FSCS up to an amount equal to the cost to FSCS of paying compensation. To the extent that the Society is entitled to any part of the recovery (for example by agreement with FSCS) it is only paid out of any excess up to a maximum amount equal to that paid out of the Central Fund. Any recovery in excess of the compensation (including payment from the Central Fund) received by the policyholder is paid to the claimant in accordance with COMP 7.2.4 R regardless of whether the Society receives the full amount paid from the Central Fund.
Export chapter as
COMP 2
The FSCS
COMP 2.1
Application and Purpose
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Application
COMP 2.1.1
See Notes
This chapter applies to the FSCS.
Purpose
COMP 2.1.2
See Notes
In order to carry out its functions and put into effect the provisions set out in COMP 3 - COMP 14 (which deal with determining whether compensation is payable, calculating the amount of compensation that should be paid, and making levies on firms), the FSCS needs to have a variety of powers. The purpose of this chapter is to set out these powers, and the restrictions upon them.
COMP 2.2
Duties of the FSCS
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Administering the compensation scheme
COMP 2.2.1
See Notes
The FSCS must administer the compensation scheme in accordance with the rules in this sourcebook and any other rules prescribed by law to ensure that the compensation scheme is administered in a manner that is procedurally fair and in accordance with the European Convention on Human Rights.
COMP 2.2.2
See Notes
The FSCS may:
(1) pay compensation to eligible claimants or secure continuity of insurance for eligible claimants when a relevant person is unable or likely to be unable to meet claims against it in accordance with the sourcebook; and
(2) make levies on participant firms, in accordance with
FEES 6 (Financial Services Compensation Scheme Funding), to enable it to pay compensation, secure continuity of insurance, or meet the costs of discharging its functions under this sourcebook.
Information for claimants
COMP 2.2.3
See Notes
The FSCS must publish information for claimants and potential claimants on the operation of the compensation scheme.
Assistance to claimants
COMP 2.2.4
See Notes
The FSCS may agree to pay the reasonable costs of an eligible claimant bringing or continuing insolvency proceedings against a relevant person (whether those proceedings began before or after a determination of default), if the FSCS is satisfied that those proceedings would help it to discharge its functions under the requirements of this sourcebook.
Annual Report
COMP 2.2.5
See Notes
Finance and resources
COMP 2.2.6
See Notes
The FSCS must have regard to the need to use its resources in the most efficient and economic way in carrying out its functions under the requirements of this sourcebook.
Publication of defaults
COMP 2.2.7
See Notes
The FSCS must take appropriate steps to ensure that potential claimants are informed of how they can make a claim for compensation as soon as possible after a determination has been made that a relevant person is in default, whether by the FSCS or the
FSA.
Complaints
COMP 2.2.8
See Notes
The FSCS must put in place and publish procedures which satisfy the minimum requirements of procedural fairness and comply with the European Convention on Humans Rights for the handling of any complaints of maladministration relating to any aspect of the operation of the compensation scheme.
COMP 3
The qualifying conditions for compensation
COMP 3.1
Application and Purpose
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Application
COMP 3.1.1
See Notes
This chapter applies to the FSCS.
COMP 3.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 3.1.3
See Notes
The purpose of this chapter is to set out in general terms the conditions that must be satisfied before the FSCS can make an offer of compensation, or secure continuity of insurance cover, or provide assistance to an insurance undertaking to enable it to continue insurance business.
COMP 3.1.4
See Notes
COMP 3.2
The qualifying conditions for paying compensation
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COMP 3.2.1
See Notes
The FSCS may pay compensation to an eligible claimant, subject to COMP 11 (Payment of compensation), if it is satisfied that:
(1) an eligible claimant has, for claims other than claims under a protected contract of insurance, made an application for compensation;
(3) where the FSCS so requires, the claimant has assigned the whole or any part of his rights against the relevant person or against any third party to the FSCS, on such terms as the FSCS thinks fit; and
(4) in the case of a claim under a protected contract of insurance:
(a) it is not reasonably practicable or appropriate to make, or continue to make, arrangements to secure continuity of insurance under COMP 3.3.1 R; or
(b) it would not be appropriate to take, or continue to take, measures under COMP 3.3.3 R to safeguard policyholders of an insurance undertaking in financial difficulties.
COMP 3.2.2
See Notes
COMP 3.2.3
See Notes
Examples of the circumstances covered by COMP 3.2.2 R are:
(1) when personal representatives make a claim on behalf of the deceased;
(2) when trustees make a claim on behalf of beneficiaries (for further provisions relating to claims by trustees, see COMP 12.6.1 R to COMP 12.6.7 R);
(3) when the donee of an enduring power of attorney or a lasting power of attorney makes a claim on behalf of the donor of the power;
(4) when the Master of theCourt of Protection makes a claim on behalf of a person incapable by reason of mental disorder of managing and administering his property and affairs;
(5) when an eligible claimant makes a claim for compensation but dies before his claim is determined.
COMP 3.2.4
See Notes
The FSCS may also pay compensation to a firm, who makes a claim in connection with protected non-investment insurance mediation on behalf of its customers, if the FSCS is satisfied that:
(1) each customer has borne a shortfall in client money held by the firm caused by a secondary pooling event arising out of the failure of a broker or settlement agent which is a relevant person in default;
(2) the customers in respect of which compensation is to be paid satisfy the conditions set out in COMP 3.2.2 R (1);
(3) the customers do not have a claim against the relevant person directly, nor a claim against the firm, in respect of the same loss;
(4) the customers would have been paid compensation by FSCS if the customers had a claim for their share of the shortfall, and if the firm were the relevant person; and
(5) the firm has agreed, on such terms as the FSCS thinks fit, to pay, or credit the accounts of, without deduction, each relevant customer in (1), that part of the compensation equal to the customer's financial loss, subject to the limits in COMP 10.2.
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COMP 3.3
Insurance
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Securing continuity of long term insurance cover
COMP 3.3.1
See Notes
The FSCS must make arrangements to secure continuity of insurance for an eligible claimant under a protected contract of insurance which is a long term insurance contract with a relevant person, if:
(2) it is reasonably practicable to do so;
(3) in the opinion of the FSCS at the time it proposes to make the arrangements, it would be beneficial to the generality of eligible claimants covered by the proposed arrangements, and, in situations where the cost of securing continuity of insurance might exceed the cost of paying compensation under COMP 3.2, any additional cost is likely to be justified by the benefits; and
(4) where the relevant person is a member, the FSCS is satisfied that the amounts which the Society is able to provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook.
COMP 3.3.2
See Notes
In order to secure continuity of insurance under COMP 3.3.1 R the FSCS may take such measures as it considers appropriate to:
(1) secure or facilitate the transfer of the business of the relevant person in default which consists of carrying out long-term insurance contracts or any part of that business, to another firm; and
(2) secure the issue of policies by another firm to eligible claimants in substitution for their existing policies.
COMP 3.3.2A
See Notes
The FSCS's duty under COMP 3.3.1 R and COMP 3.3.3 R in respect of a long term insurance contract is limited to ensuring that the claimant will receive at least 90% of any benefit under his contract of insurance, subject to and in accordance with terms corresponding (so far as it appears to the FSCS to be reasonable in the circumstances) to those which have applied under the contract of insurance.
COMP 3.3.2B
See Notes
COMP 3.3.2C
See Notes
(1) In any period when the FSCS is seeking to secure continuity of insurance under COMP 3.3.1 R, it must secure that 90% of any benefit under a long term insurance contract which:
(a) falls due, or would have fallen due, to be paid to any eligible claimant; or
(b) had already fallen due to be paid to any eligible claimant before the beginning of that period and has not yet been paid;
is paid to the eligible claimant in question as soon as reasonably practicable after the time when the benefit in question fell due, or would have fallen due, under contract.(2) Any payment under (1) is made subject to and in accordance with any other terms which apply or would have applied under the contract.
(3) A payment made under (1) is not subject to the FSCS deciding that the cost of the making the payment would be likely to be no more than the cost of paying compensation under COMP 3.2
(4) Where a payment is due under (1), FSCS may:
(a) make payments to or on behalf of eligible claimants on such terms (including any terms requiring repayment in whole or in part) and on such conditions as it thinks fit (subject to (1)); or
(b) secure that payments (subject to (1)) are made to or on behalf of any such eligible claimants by the liquidator, administrator or provisional liquidator by giving him an indemnity covering any such payments or any class or description of such payments.
COMP 3.3.2D
See Notes
For the purposes of COMP 3.3.2A R to COMP 3.3.2C R, "benefit" does not include:
(1) any bonus provided for under the contract unless it was declared and vested before the insurance undertaking became the subject of one or more of the proceedings listed in COMP 6.3.3 R (1) to (5); or
(2) any reduction which the FSCS has determined, or any benefit which the FSCS has decided to disregard under COMP 12.4.14 R, to the extent that the FSCS has decided so to treat it.
COMP 3.3.2E
See Notes
Unless the FSCS has decided to treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R, it must not treat as a reason for failing to secure, or for delaying the securing of, payments under COMP 3.3.2C R at the level prescribed in that rule the fact that:
(1) it considers that any benefit referred to in COMP 3.3.2C R is or may be excessive in any respect; or
(2) it has referred the contract in question to an independent actuary under COMP 12.4.13 R; or
(3) it considers that it may at some later date decide to treat the liability of the relevant person under a contract as reduced or disregarded under COMP 12.4.14 R;
save where the FSCS decides to exclude certain benefits to the extent that they arise out of the exercise of any option under the policy and for this purpose the option includes, but is not restricted to, a right to surrender the policy. COMP 3.3.2F
See Notes
In making arrangements to secure continuity of insurance the FSCS must use its reasonable endeavours to seek the most cost-effective arrangements available.
Insurance undertakings in financial difficulties
COMP 3.3.3
See Notes
(1) The FSCS may take such measures as it considers appropriate for the purpose of safeguarding the rights of eligible claimants under protected contracts of insurance which are:
(a)
general insurance contracts with a relevant person which is an insurance undertaking in financial difficulties (see COMP 3.3.6 R); or
(b)
long-term insurance contracts with a relevant person which is an insurance undertaking in financial difficulties (see COMP 3.3.6 R) but in respect of which the FSCS is not securing continuity of insurance within COMP 3.3.1 R;
if, in the opinion of the FSCS at the time it proposes to make the measures, it would be beneficial to the generality of eligible claimants covered by the proposed measures, and, in situations where the cost of taking those measures might exceed the cost of paying compensation under COMP 3.2, any additional cost is likely to be justified by the benefits.(2) Measures under (1) may be taken on such terms (including terms reducing or deferring payment of any liabilities or benefits provided under any protected contract of insurance) as the FSCS considers appropriate.
COMP 3.3.4
See Notes
The measures contemplated in COMP 3.3.3 R include measures to:
(1) secure or facilitate the transfer of the insurance business of the relevant person, or any part of the business, to another firm;
(2) give assistance to the relevant person to enable it to continue to effect contracts of insurance or carry out contracts of insurance; and
(3) secure the issue of policies by another firm to eligible claimants in substitution for their existing policies.
COMP 3.3.4A
See Notes
If it thinks appropriate, the
FSA
may in relation to any insurance undertaking which is in financial difficulties:
(1) give the FSCS assistance in determining what measures under COMP 3.3.3 R are practicable or desirable;
(3) require the FSCS to provide it with information about any measures which it is proposing to take under COMP 3.3.3 R.
COMP 3.3.5
See Notes
[deleted]
(1) [deleted]
(2) [deleted]
- 01/12/2003
COMP 3.3.6
See Notes
For the purpose of COMP 3.3.3 R, a relevant person who is an insurance undertaking is in financial difficulties if:
(1) a liquidator, administrator, provisional liquidator, administrative receiver or interim manager is appointed to the relevant person, or a receiver is appointed by the court to manage the relevant person's affairs; or
(2) there is a finding by a court of competent jurisdiction that the relevant person is unable to pay its debts; or
(3) a resolution is passed for winding up of the relevant person, unless a declaration of solvency has been made in accordance with section 89 of the Insolvency Act 1986; or
(4) the
FSA
determines that the relevant person who is an insurance undertaking is likely to be unable to satisfy protected claims against it; or
(5) approval is given to any company voluntary arrangement made by the relevant person; or
(6) the relevant person makes a composition or arrangement with any one or more of its creditors providing for the reduction of, or deferral of payment of, the liabilities or benefits provided for under any of the relevant person's policies; or
(7) the relevant person is dissolved or struck off from the Register of Companies; or
(8) a receiver is appointed over particular property of the relevant person; or
(9) any of (1) to (8) or anything equivalent occurs in respect of the relevant person in a jurisdiction outside England and Wales; or
(10) in the case of an insurance undertaking which is a member, the FSCS is satisfied that any of sub-paragraphs (1) to (9) apply to the member, and the amounts which the Society is able to provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level or protection which would otherwise be available under this sourcebook.
Assessing the costs of paying compensation
COMP 3.3.7
See Notes
For the purposes of COMP 3.3.1 R (3)and COMP 3.3.3 R (1), when assessing the cost of paying compensation under COMP 3.2FSCS may have regard to the likely total cost of paying compensation arising out of the default, not just the compensation amounts likely to be payable to particular eligible claimants covered by the proposed arrangements for continuity.
COMP 4
Eligible claimants
COMP 4.1
Application and Purpose
- 01/12/2004
Application
COMP 4.1.1
See Notes
This chapter applies to the FSCS.
COMP 4.1.2
See Notes
It is also relevant to those who may wish to bring a claim for compensation.
Purpose
COMP 4.1.3
See Notes
The purpose of this chapter is to set out the types of person who are able to claim compensation or benefit from the protection the FSCS is able to provide. A claimant needs to be an eligible claimant to satisfy COMP 3.2.1R(1).
COMP 4.2
Who is eligible to benefit from the protection provided by the FSCS?
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COMP 4.2.1
See Notes
Unless COMP 4.2.3 R applies, an eligible claimant is any person who at any material time:
(1) did not come within COMP 4.2.2 R; or
COMP 4.2.2
See Notes
Table COMP 4.2.2R Persons not eligible to claim unless COMP 4.3 applies (see COMP 4.2.1R)
This table belongs to COMP 4.2.1R
| (1) | Firms (other than a sole trader firm ,; a credit union , a trustee of a stakeholder pension scheme (which is not an occupational pension scheme) or a small business whose claim arises out of a regulated activity for which they do not have a permission) | ||
| (2) | Overseas financial services institutions | ||
| (3) | Collective investment schemes, and anyone who is the operator or trustee of such a scheme | ||
| (4) | Pension and retirement funds, and anyone who is a trustee of such a fund. However, this exclusion does not apply to: | ||
| (a) | a trustee of a personal pension scheme or a stakeholder pension scheme (which is not an occupational pension scheme ); or | ||
| (b) | a trustee of a small self-administered scheme or an occupational pension scheme of an employer which is not a large company , large partnership or large mutual association . | ||
| (5) | Supranational institutions, governments, and central administrative authorities | ||
| (6) | Provincial, regional, local and municipal authorities | ||
| (7) | Directors and managers of the relevant person in default. However, this exclusion does not apply if: | ||
| (a) | both of the following apply: | ||
| (i) | the relevant person in default is a mutual association which is not a large mutual association; and | ||
| (ii) | the directors and managers do not receive a salary or other remuneration for services performed by them for the relevant person in default, or | ||
| (b) | the relevant person in default is a credit union. | ||
| (8) | Close relatives of persons excluded by (7) above | ||
| (9) | Bodies corporate in the same group as the relevant person in default except bodies corporate which fall within COMP 4.2.2 R (4)(a) or (b). | ||
| (10) | Persons holding 5% or more of the capital of the relevant person in default, or of any body corporate in the samegroup | ||
| (11) | The auditors of the relevant person in default, or of anybody corporate in the samegroup as therelevant person in default, or any actuary appointed under SUP 4 (Actuaries) by a friendly society or insurance undertaking in default | ||
| (12) | Persons who, in the opinion of the FSCS, are responsible for, or have contributed to, the relevant person'sdefault | ||
| (13) | Large companies or large mutual associations | ||
| (14) | Large partnerships | ||
| (15) | Persons whose claim arises from transactions in connection with which they have been convicted of an offence of money laundering. | ||
| (16) | Persons whose claim arises under the Third Parties (Rights against Insurers) Act 1930 | ||
| (17) | Where the claim is in relation to a protected contract of insurance or protected non-investment insurance mediation, body corporate, partnerships, mutual associations and unincorporated associations which are not small businesses. | ||
COMP 4.2.3
See Notes
A person who is a small business is an eligible claimant in respect of a relevant general insurance contract entered into before commencement only if the person is a partnership.
COMP 4.3
Exceptions: Circumstances where a person coming within COMP 4.2.2R may receive compensation
- 01/12/2004
Deposits
COMP 4.3.1
See Notes
A person is eligible to claim compensation in respect of a protected depositif, at the date on which the relevant person is determined to be in default:
(1) he came within category (14) of COMP 4.2.2R; or
(2) he came within any of categories (1)-(3) of COMP 4.2.2R, and was not a large company, large mutual association, or a credit institution.
Long term insurance
COMP 4.3.2
See Notes
A person other than one which comes within any of categories (7)-(12) and (15) of COMP 4.2.2R is eligible to claim compensation in respect of a long term insurance contract.
Relevant general insurance contracts
COMP 4.3.3
See Notes
(1) A person falling within categories (1)-(4) of COMP 4.2.2 R is eligible to claim compensation in respect of a relevant general insurance contract if, at the date the contract commenced he was a small business.
(2) Where the contract has been renewed, the last renewal date shall be taken as the commencement date.
COMP 4.3.4
See Notes
A
partnership which falls within category 14, or category 17, or both of COMP 4.2.2R is eligible to claim compensation in respect of a relevant general insurance contract entered into before commencement.
COMP 4.3.5
See Notes
A person who comes within category (16) of COMP 4.2.2R (a 'category 16 person') is eligible to claim compensation if:
(1) the person insured would have been an eligible claimant at the time that his rights against the insurer were transferred to and vested in the category 16 person; or
(2) the liability of the person insured in respect of the category 16 person was a liability under a contract of employer's liability insurance which would have been a liability subject to compulsory insurance had the contract been entered into after 1 January 1972 or (for contracts in Northern Ireland) 29 December 1975; or
(3) the extent of the liability of the person insured in respect of the category 16 person had been agreed in writing by the insurer, or determined by a court or arbitrator, before the date on which the insurer is determined to be in default.
Liability subject to compulsory insurance
COMP 4.3.6
See Notes
A person who comes within COMP 4.2.2R is eligible to claim compensation in respect of a liability subject to compulsory insurance if the claim is:
Protected investment business and protected mortgage business
COMP 4.3.7
See Notes
There are no exceptions to COMP 4.2.2R for claims made in connection with
protected investment business or
protected mortgage business
.
COMP 5
Protected claims
COMP 5.1
Application and Purpose
- 01/12/2004
Application
COMP 5.1.1
See Notes
This chapter applies to the FSCS.
COMP 5.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 5.1.3
See Notes
The purpose of this chapter is to set out the various categories of claim for which compensation may be payable.
COMP 5.2
What is a protected claim?
- 01/12/2004
COMP 5.2.1
See Notes
A protected claim is:
COMP 5.2.2
See Notes
[deleted]
- 13/02/2004
COMP 5.3
Protected deposits
- 01/12/2004
- Future version of COMP 5.3 after 06/08/2009
COMP 5.3.1
See Notes
A deposit is a protected deposit only if:
(1) the deposit was made with:
(b) a branch of a UK firm which is a credit institution established in another EEA State under an EEA right; and
(2) the deposit is not:
(a) a bond issued by a credit institution which is part of the institution's capital, as set out in the Consolidated Banking Directive (Directive 2000/12/EC); or
(b) a secured deposit; or
(c) a deferred share issued by a building society; or
COMP 5.4
Protected contracts of insurance
- 01/12/2004
COMP 5.4.1
See Notes
A protected contract of insurance is:
(1) (if issued after commencement) a contract of insurance within COMP 5.4.2 R (Contracts of insurance issued after commencement)
(2) (if issued before commencement) a contract of insurance within COMP 5.4.5 R (Contracts of insurance issued before commencement)
Contracts of insurance issued after commencement
COMP 5.4.2
See Notes
A contract of insurance issued after commencement which:
(1) relates to a protected risk or commitment as described in COMP 5.4.3 R;
(2) is issued by the relevant person through an establishment in;
(a) the United Kingdom; or
(b) another EEA State; or
(c) the Channel Islands or the Isle of Man;
(4) is not a reinsurance contract; and
(5) if it is a contract of insurance entered into by a member, was entered into on or after 1 January 2004
is a protected contract of insurance.COMP 5.4.3
See Notes
A risk or commitment is a protected risk or commitment for the purpose of COMP 5.4.2 R(1) if:
(1) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(a), it is situated in an EEA State, the Channel Islands or the Isle of Man;
(2) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(b), it is situated in the United Kingdom;
(3) in the case of a contract of insurance falling within COMP 5.4.2 R(2)(c), it is situated in the United Kingdom, the Channel Islands or the Isle of Man.
COMP 5.4.4
See Notes
For the purpose of COMP 5.4.3 R and COMP 5.4.5 R(1)(b), the situation of a risk or commitment is determined as follows:
(1) for a contract of insurance relating to a building or a building and its contents (in so far as the contents are covered by the same contract of insurance), the risk or commitment is situated where the building is situated;
(2) for a contract of insurance relating to vehicles of any type, the risk or commitment is situated where the vehicle is registered;
(3) for a contract of insurance lasting four months or less covering travel or holiday risks (whatever the class concerned), the risk or commitment is situated where the policyholder took out the contract of insurance; and
(4) in cases not covered by (1) to (3):
(a) where the policyholder who first took out the contract of insurance is an individual, the risk or commitment is situated where he has his habitual residence at the date when the contract of insurance commenced;
(b) where the policyholder who first took out the contract of insurance is not an individual, the risk or commitment is situated where the establishment to which the risk or commitment relates is situated at the date when the contract of insurance commenced.
Contracts of insurance issued before commencement
COMP 5.4.5
See Notes
(1) If after commencement, a relevant person is subject to one or more of the proceedings listed in COMP 6.3.3 R or is declared in default, then a contract of insurance issued by that relevant person before commencement which is within COMP 5.4.5 R(2) is a protected contract of insurance, provided that the relevant person was not a member at the time the contract of insurance was issued, and:
(a) (unless it comes within (b)) at the earlier of the events in (1) it was a "United Kingdom policy" for the purposes of the Policyholders Protection Act 1975;
(b) if the contract of insurance is a contract of employers' liability insurance entered into before 1 January 1972 or (for contracts in Northern Ireland) 29 December 1975, and the claim was agreed after the default of the insurer, the risk or commitment was situated in the United Kingdom (as set out in COMP 5.4.4 R).
(2) The contracts of insurance referred to in COMP 5.4.5 R(1) are:which in each case is not a reinsurance contract.
Contracts not evidenced by a policy
COMP 5.4.6
See Notes
If it appears to the FSCS that a person is insured under a contract with an insurance undertaking which is not evidenced by a policy, and it is satisfied that if a policy evidencing the contract had been issued, the person in question would have had a protected contract of insurance, the FSCS must treat the contract as a protected contract of insurance.
Liabilities giving rise to claims under a protected contract of insurance
COMP 5.4.7
See Notes
The FSCS must treat liabilities of an insurance undertaking which is in default, in respect of the following items, as giving rise to claims under a protected contract of insurance:
(1) (if the contract is not a reinsurance contract and has not commenced) premiums paid to the insurance undertaking; or
(2) proceeds of a long-term insurance contract that is not a reinsurance contract and that has matured or been surrendered which have not yet been passed to the claimant; or
(3) the unexpired portion of any premium in relation to relevant general insurance contracts which are not reinsurance contracts; or
COMP 5.5
Protected investment business
- 01/12/2004
COMP 5.5.1
See Notes
Protected investment business is:
(1)
designated investment business carried on by the relevant person with the claimant or as agent on his behalf;
(2) the activities of the manager or trustee of an AUT, provided that the claim is made by a holder;
(3) the activities of the ACD or depositary of an ICVC, provided that the claim is made by a holder;
provided that the condition in COMP 5.5.2 R is satisfied.COMP 5.5.2
See Notes
COMP 5.5.1 R only applies if the protected investment business was carried on from:
(2) a branch of a UK firm which is:
(b) a UCITS management company established in another EEA State (but only in relation to managing investments (other than of a collective investment scheme),
advising on investments or safeguarding and administering investments);
(3) both (1) and (2).
COMP 5.6
Protected mortgage business
- 01/12/2004
- Future version of COMP 5.6 after 06/04/2007
COMP 5.6.1
See Notes
Protected mortgage business
is:
(4)
agreeing to carry on a regulated activity in (1) to (3); or
(5) the activities of a
mortgage lender
which would be arranging but for article 28A of the Regulated Activities Order (Arranging contracts to which the arranger is a party);
provided that the condition in COMP 5.6.2 R is satisfied.COMP 5.6.2
See Notes
COMP 5.6.1 R applies only if the
protected mortgage business
was carried on by a relevant person:
(2) from an establishment maintained by the relevant person (or its appointed representative) in the United Kingdom with a customer who was resident elsewhere in the EEA;
at the time the
protected mortgage business
was carried on.COMP 5.7
Protected non-investment insurance mediation
- 01/12/2004
COMP 5.7.1
See Notes
Protected non-investment insurance mediation is an insurance mediation activity where the investment concerned is a
relevant general insurance contract or a pure protection contract but which is not a
long-term care insurance contract or a
reinsurance contract, provided that the conditions in COMP 5.7.2 Rare satisfied.
- 18/11/2005
- Past version of COMP 5.7.1 before 18/11/2005
COMP 5.7.2
See Notes
COMP 5.7.1 R only applies if the conditions in (1) and (2) are satisfied:
(1) the protected non-investment insurance mediation was carried on from:
(2) the claimant making the claim (or where COMP 3.2.4 R applies, the customer on behalf of whom a firm makes a claim) dealt initially, with a view to entering into a relevant general insurance contract or a pure protection contract but not a long-term care insurance contract or a reinsurance contract, with an intermediary that was:
(a) established in the United Kingdom; or
- 18/11/2005
- Past version of COMP 5.7.2 before 18/11/2005
COMP 5.7.3
See Notes
The FSCS will not cover a claim against an intermediary that meets the criteria of either COMP 5.7.2R (2)(a) or COMP 5.7.2R (2)(b) where the claimant was introduced to that intermediary by an intermediary that does not meet the criteria of either COMP 5.7.2R (2)(a) or COMP 5.7.2R (2)(b).
- 18/11/2005
COMP 5.7.4
See Notes
The FSCS will not cover a claim in respect of an intermediary that is not a relevant person, for example a retailer selling extended warranties that are connected contracts. However, COMP 5.7.2 R has the effect that a claim in respect of a relevant person further up the chain carrying on protected non-investment insurance mediation in accordance with COMP 5.7.2R (1)(a) may be covered by the FSCS if the claimant dealt initially with a UK intermediary that is not a relevant person.
- 18/11/2005
COMP 6
Relevant persons in default
COMP 6.1
Application and Purpose
- 01/12/2004
Application
COMP 6.1.1
See Notes
This chapter applies to the FSCS.
COMP 6.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 6.1.3
See Notes
The purpose of this chapter is to specify the types of person against whom a claimant must have a claim in order to be eligible for compensation, and when those persons are 'in default'. Generally, this occurs when they are insolvent or unable to meet their liabilities to claimants.
COMP 6.1.4
See Notes
To be eligible for compensation a claimant's claim must be against a relevant personin default: see COMP 3.2.1 R (2).
COMP 6.2
Who is a relevant person?
- 01/12/2004
COMP 6.2.1
See Notes
A relevant person is a person who was, at the time the act or omission giving rise to the claim against it took place:
(1) a participant firm; or
COMP 6.2.2
See Notes
An incoming EEA firm, which is a credit institution, an IMD insurance intermediary, an ISD investment firm or a UCITS management company, and its appointed representatives are not relevant persons in relation to the firm'spassported activities, unless it has top-up cover (and in the case of a UCITS management company, only in relation to managing investments (other than of a collective investment scheme), advising on investments or safeguarding and administering investments). (See definition of "participant firm").
COMP 6.3
When is a relevant person in default?
- 01/12/2004
COMP 6.3.1
See Notes
A relevant person is in default if:
(1) (except in relation to an ICD claim or DGD claim) the FSCS has determined it to be in default under COMP 6.3.2 R, COMP 6.3.3 R, COMP 6.3.4 R or COMP 6.3.5 R; or
(2) (in relation to an ICD claim or DGD claim):
(b) a judicial authority has made a ruling that had the effect of suspending the ability of eligible claimants to bring claims against the participant firm, if that is earlier than (a).
COMP 6.3.2
See Notes
Subject to COMP 3.3.3 R to COMP 3.3.6 R and COMP 6.3.6 R, the FSCS (or, where COMP 6.3.1 R(2)(a) applies, the
FSA) may determine a relevant person to be in default when it is, in the opinion of the FSCS or the
FSA:
(1) unable to satisfy protected claims against it; or
(2) likely to be unable to satisfy protected claims against it.
COMP 6.3.3
See Notes
Subject to COMP 6.3.6 R the FSCS may determine a relevant person to be in default if it is satisfied that a protected claim exists (other than an ICD claim or DGD claim), and the relevant person is the subject of one or more of the following proceedings in the United Kingdom (or of equivalent or similar proceedings in another jurisdiction):
(1) the passing of a resolution for a creditors' voluntary winding up;
(2) a determination by the relevant person'sHome State regulator that the relevant person appears unable to meet claims against it and has no early prospect of being able to do so;
(3) the appointment of a liquidator or administrator, or provisional liquidator or interim manager;
(4) the making of an order by a court of competent jurisdiction for the winding up of a company, the dissolution of a partnership, the administration of a company or partnership, or the bankruptcy of an individual;
(5) the approval of a company voluntary arrangement, a partnership voluntary arrangement, or of an individual voluntary arrangement.
COMP 6.3.4
See Notes
For claims arising in connection with protected investment business or protected mortgage business or protected non-investment insurance mediation, the FSCS has the additional power to determine that a relevant person is in default if it is satisfied that a protected claim exists, and:
(1) the FSCS is satisfied that the relevant person cannot be contacted at its last place of business and that reasonable steps have been taken to establish a forwarding or current address, but without success; and
(2) there appears to the FSCS to be no evidence that the relevant person will be able to meet claims made against it.
COMP 6.3.5
See Notes
For claims arising in connection with protected contracts of insurance, the FSCS must treat any term in an insurance undertaking's constitution or in its contracts of insurance, limiting the undertaking's liabilities under a long-term insurance contract to the amount of its assets, as limiting the undertaking's liabilities to any claimant to an amount which is not less than the gross assets of the undertaking.
Members in default and the Central Fund of the Society
COMP 6.3.6
See Notes
The FSCS may not declare a member to be in default unless it is satisfied that the amounts which the Society may provide from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook.
COMP 6.3.7
See Notes
If a member is unable fully to meet protected claims against it then in the first instance any shortfall will be avoided by payments by the Society from the assets of the Central Fund. The FSCS will not consider claims for compensation unless it is satisfied that the amounts which the Society will make available from the Central Fund are or are likely to be insufficient to ensure that claims against the member under a protected contract of insurance will be met to the level of protection which would otherwise be available under this sourcebook. The amount which the FSCS may pay in respect of any such claim will be limited to the difference between the amount which the claimant will receive, or is expected to receive, from the member and the Society together and the maximum amount of compensation payable in accordance with COMP 10 and COMP 12.
Claims arising under COMP 3.2.4 R
COMP 6.3.8
See Notes
For the purposes of COMP 6.3 a claim made by a firm under COMP 3.2.4 R is to be treated as if it were a protected claim against the relevant person.
- 14/01/2005
Export chapter as
COMP 7
Assignment of rights
COMP 7.1
Application
- 01/12/2004
Application and Purpose
COMP 7.1.1
See Notes
This chapter applies to the FSCS.
COMP 7.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 7.1.3
See Notes
The FSCS may make an offer of compensation conditional on the assignment of rights to it by a claimant. The purpose of this chapter is to make provision for and set out the consequences of an assignment of the claimant's rights.
COMP 7.2
How does the assignment of rights work?
- 01/12/2004
COMP 7.2.1
See Notes
The FSCSmay make any payment of compensation to a claimant in respect of a protected claim conditional on the claimant assigning the whole or any part of his rights against the relevant person, or against any third party, or both, to the FSCS on such terms as the FSCS thinks fit.
COMP 7.2.2
See Notes
COMP 7.2.3
See Notes
(1) Before taking assignment of rights from the claimant under COMP 7.2.1 R, the FSCS must inform the claimant that if, after taking assignment of rights, the FSCS decides not to pursue recoveries using those rights it will, if the claimant so requests in writing, reassign the assigned rights to the claimant. The FSCS must comply with such a request in such circumstances.
(2) If the FSCS takes assignment of rights from the claimant under COMP 7.2.1 R, it must pursue all and only such recoveries as it considers are likely to be both reasonably possible and cost effective to pursue.
(3) If the FSCS makes recoveries through rights assigned under COMP 7.2.1 R, it may deduct from any recoveries paid over to the claimant under COMP 7.2.4 R part or all of its reasonable costs of recovery and of distribution (if any).
COMP 7.2.4
See Notes
Unless compensation was paid under COMP 9.2.3 R, if a claimant agrees to assign his rights to the FSCS and the FSCS subsequently makes recoveries through those rights, those recoveries must be paid to the claimant:
(1) to the extent that the amount recovered exceeds the amount of compensation (excluding interest paid under ) received by the claimant in relation to the protected claim; or
(2) in circumstances where the amount recovered does not exceed the amount of compensation paid, to the extent that a failure to pay any sums recovered to the claimant would leave a claimant who had promptly accepted an offer of compensation at a disadvantage relative to a claimant who had delayed accepting an offer of compensation (see COMP 7.2.5 R).
COMP 7.2.4A
See Notes
For the purpose of COMP 7.2.4 R compensation received by eligible claimants in relation to Lloyd's policies may include payments made from the Central Fund.
COMP 7.2.5
See Notes
COMP 7.2.6
See Notes
As an example of the circumstances which COMP 7.2.5 R is designed to address, take two claimants, A and B.
(1) Both A and B have a protected investment business claim of £60,000 against a relevant personin default. The FSCS offers both claimants £48,000 compensation (the maximum amount payable for such claims COMP 10.2.3 R). A accepts immediately, and assigns his rights against the relevant person to the FSCS, but B delays accepting the FSCS's offer of compensation.
(2) In this example, the liquidator is able to recover assets from the relevant personin default and makes a payment of 50p in the pound to all the relevant person's creditors. If the liquidator made the payment before any offer of compensation from the FSCS had been accepted, A and B would both receive £30,000 each from the liquidator, leaving both with a loss of £30,000 to be met by the FSCS. Both claims would be met in full.
(3) However, if the payment were made by the liquidator after A had accepted the FSCS's offer of compensation and assigned his rights to the FSCS, but before B accepted the FSCS offer of compensation, A would be disadvantaged relative to B even though he has received £48,000 compensation from the FSCS. A would be disadvantaged relative to B because he promptly accepted the FSCS's offer and assigned his rights to the FSCS. Because A has assigned his rights to the FSCS, any payment from the liquidator will be made to the FSCS rather than A. In this case the FSCS has paid A more than £30,000, so the £30,000 from the liquidator that would have been payable to A will be payable in full to the FSCS and not to A.
(4) B is able to exercise his rights against the liquidator because he delayed accepting the FSCS's offer and receives £30,000 from the liquidator. B can then make a claim for the remaining £30,000 to the FSCS which the FSCS can pay in full (see COMP 10.2.2 G). B therefore suffers no loss whereas A is left with a loss of £12,000, being the difference between his claim of £60,000 and the compensation paid by the FSCS of £48,000.
COMP 7.2.7
See Notes
(1)
For the purposes of compensation paid under COMP 3.2.4 R, FSCS may require any firm (including, but not limited to, the claimant firm) to assign to FSCS any rights the firm may have to claim against the relevant person in relation to the amount of the shortfall in client money arising out of the failure of the relevant person.
- 14/01/2005
COMP 8
Rejection of application and withdrawal of offer
COMP 8.1
Application and Purpose
- 01/12/2004
Application
COMP 8.1.1
See Notes
This chapter applies to the FSCS.
COMP 8.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 8.1.3
See Notes
In some circumstances, it may be appropriate for the FSCS to reject an application for compensation, or withdraw an offer of compensation. The purpose of this chapter is to set out when those circumstances arise.
COMP 8.2
Rejection of application for compensation
- 01/12/2004
COMP 8.2.1
See Notes
COMP 8.2.2
See Notes
A rejection under COMP 8.2.1 R does not mean that the claimant cannot receive compensation. A rejected application may be resubmitted, with the appropriate amendments. An application rejected under COMP 8.2.3 R may be resubmitted if COMP 8.2.5 R applies.
COMP 8.2.3
See Notes
The FSCS must reject an application for compensation if:
(1) the FSCS considers that a civil claim in respect of the liability would have been defeated by a defence of limitation at the earlier of:
(b) the date on which the claimant first indicates in writing that he may have a claim against the relevant person;
unless COMP 8.2.4 R applies; or(2) the liability of the relevant person to the claimant has been extinguished by the operation of law, unless COMP 8.2.5 R applies.
COMP 8.2.4
See Notes
For claims made in connection with protected investment business or protected mortgage business or protected non-investment insurance mediation, the FSCS may disregard a defence of limitation where the FSCS considers that it would be reasonable to do so.
COMP 8.2.5
See Notes
For claims made in connection with protected investment business or protected non-investment insurance mediation, if a relevant person, incorporated as a company, has been dissolved with the result that its liability to the claimant has been extinguished by operation of law, the FSCS must treat the claim, for the purposes of paying compensation, as if the relevant person had not been dissolved.
- 01/08/2003
COMP 8.2.6
See Notes
COMP 8.2.5 R means that the FSCS will be able to pay compensation in cases where:
(1) the company was declared in default on or after 1 December 2001; and
(2) at the time the application for compensation is made, the company has been dissolved.
- 01/08/2003
COMP 8.2.7
See Notes
The FSCS may reject an application for compensation if:
(1) it relates to an event or transaction which has been reviewed under the provisions of a 'deemed scheme' as defined in the Financial Services and Markets Act 2000 (Transitional Provisions) (Reviews of Pensions Business) Order 2001 (SI 2001/2512); and
(2) as a result of the review in (1) no redress was payable, or redress was paid, in accordance with the regulatory standards for the review of such events or transactions, and the terms of any scheme order, applicable as at the date of the review.
- 01/07/2004
COMP 8.2.8
See Notes
The purpose of COMP 8.2.7 R is to allow the FSCS to reject claims relating to pensions review cases where a review was carried out in accordance with the relevant regulatory standards applicable at the time. 'Deemed schemes' are those review schemes set up before commencement (that is, 30 November 2001) but which are treated as schemes for review of past business under the Act, namely the pensions review and FSAVC review.
- 01/07/2004
COMP 8.3
Withdrawal of offer of compensation
- 01/12/2004
COMP 8.3.1
See Notes
The FSCS may withdraw any offer of compensation made to a claimant if the offer is not accepted or if it is not disputed within 90 days of the date on which the offer is made.
COMP 8.3.2
See Notes
Where the amount of compensation offered is disputed, the FSCS may withdraw the offer but must consider exercising its powers to make a reduced or interim payment under COMP 11.2.4 R or COMP 11.2.5 R before doing so.
COMP 8.3.3
See Notes
COMP 8.3.4
See Notes
COMP 8.3.5
See Notes
The FSCS must seek to recover any compensation paid to a claimant if it appears to the FSCS that no such payment should have been made, unless the FSCS believes on reasonable grounds that it would be unreasonable to do so, or that the costs of doing so would exceed any amount that could be recovered.
COMP 9
Time limits on payment and postponing payment
COMP 9.1
Application and Purpose
- 01/12/2004
Application
COMP 9.1.1
See Notes
This chapter applies to the FSCS.
COMP 9.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 9.1.3
See Notes
The purpose of this chapter is to ensure that compensation is paid to claimants as quickly as possible and that delays in paying compensation to claimants are kept to a minimum. The FSCS may postpone payment of compensation only in strictly limited circumstances.
COMP 9.2
When must compensation be paid?
- 01/12/2004
COMP 9.2.1
See Notes
The FSCS must pay a claim as soon as reasonably possible after:
(1) it is satisfied that the conditions in COMP 3.2.1 R have been met; and
(2) it has calculated the amount of compensation due to the claimant;
and in any event within three months of that date, unless the FSA has granted the FSCS an extension, in which case payment must be made no later than six months from that date.COMP 9.2.2
See Notes
The FSCS may postpone paying compensation if:
(1) in the case of a claim against a relevant person who is an appointed representative, the FSCS considers that the claimant should make and pursue an application for compensation against the appointed representative's relevant principal; or
(2) in the case of a claim relating to protected investment business which is not an ICD claim or a claim relating to
protected mortgage business
, the FSCS considers that the claimant should first exhaust his rights against the relevant person or any third party, or make and pursue an application for compensation to any other person; or
(3) in the case of a claim relating to a protected contracts of insurance, the FSCS considers that the liability to which the claim relates or any part of the liability is covered by another contract of insurance with a solvent insurance undertaking, or where it appears that a person, other than the liquidator, may make payments or take such action to secure the continuity of cover as the FSCS would undertake; or
(4) the claim is one which falls within COMP 12.4.5 R or COMP 12.4.7 R and it is not practicable for payment to be made within the usual time limits laid out in COMP 9.2.1 R; or
(5) the claimant has been charged with an offence arising out of or in relation to money laundering, and those proceedings have not yet been concluded; or
(6) the claim relates solely to a bonus provided for under a protected contract of insurance the value of which the FSCS considers to be of such uncertainty that immediate payment of compensation in respect of that bonus would not be prudent and a court has yet to attribute a value to such bonus.
COMP 9.2.3
See Notes
Notwithstanding COMP 9.2.2 R(2), the FSCS may pay compensation to a claimant in respect of assets held by a relevant person if an insolvency practitioner has been appointed to the relevant person, and:
(1) the FSCS considers it likely that the insolvency practitioner would, in due course, return the assets to the claimant;
(2) the claimant has agreed to be compensated for the assets on the basis of the valuation provided by the FSCS; and
(3) the claimant has agreed, to the satisfaction of the FSCS, that his rights to the assets in respect of which compensation is payable should pass to it.
COMP 10
Limits on the amount of compensation payable
COMP 10.1
Application and Purpose
- 01/12/2004
Application
COMP 10.1.1
See Notes
This chapter applies to the FSCS.
COMP 10.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 10.1.3
See Notes
COMP 10.1.4
See Notes
COMP 10.2
Limits on compensation payable
- 01/12/2004
COMP 10.2.1
See Notes
The limits on the maximum compensation sums payable by the FSCS for protected claims are set out in COMP 10.2.3 R.
COMP 10.2.2
See Notes
The limits apply to the aggregate amount of claims in respect of each category of protected claim that an eligible claimant has against the relevant person. Consequently, a claimant who has, for example, a claim against a relevant person for a deposit of £2,000, and for a further
deposit of £1,500, will not receive 100% compensation on both deposits; instead he will receive £3,350 (100% of the first £2,000 and 90% of the next £1,500). Similarly, if a claimant receives more than one payment in respect of a claim or claims on one or more protected contract of insurance, the claimant will only receive 100% of the first £2,000 of the total paid, and not 100% of the first £2,000 of each payment.
COMP 10.2.3
See Notes
Table Limits
This table belongs to COMP 10.2.1R
| Type of claim | Level of cover | Maximum payment |
| Protected deposit | 100% x first £2,000 90% x next £33,000 | £31,700 |
| Protected contract of insurance when the contract is a relevant general insurance contract | (1) Where the claim is in respect of a liability subject to compulsory insurance : 100% of claim | Unlimited |
| (2) Where the claim arises under the Third Party (Rights against Insurers) Act 1930, is in respect of a liability within COMP 5.4.5R(1)(b), and is in connection with an Article 9 default: 90% of the . claim | Unlimited | |
|
(3) In all other cases:
100% x first £2,000 90% of remainder of the claim. | Unlimited | |
| Protected contract of insurance when the contract is a long-term insurance contract | 100% x first £2,000 At least 90% of the remaining value of the policy as determined in accordance with COMP 12. | Unlimited |
| Protected investment business | 100% x first £30,000 90% x next £20,000 | £48,000 |
| Protected mortgage business |
100% x first £30,000
90% x next £20,000 | £48,000 |
| Protected non-investment insurance mediation | (1) where the claim is in respect of a liability subject to compulsory insurance : 100% of claim | Unlimited |
| (2) In all other cases: 100% x first £2000 90% of the remainder of the claim | Unlimited |
COMP 10.2.4
See Notes
COMP 10.2.5
See Notes
COMP 12.4.1 R and COMP 12.4.4 R include further limits relating to
Deposit Guarantee Directive claims
DGD claims
and ICD claims against certain incoming EEA firms. These reflect the
Deposit Guarantee Directive
DGD
and
Investor Compensation Directive/s,
ICD, under which compensation may be payable by the incoming EEA firm's Home State compensation scheme.
Continuity of insurance cover
Claims against more than one member in respect of a single protected contract of insurance to be treated as a single claim
COMP 10.2.8
See Notes
In applying the financial limits in COMP 10.2, and in calculating theamount of a claim in respect of a protected contract of insurancearising from the default of one or more members, a policyholder is to be treated as having a single claim for the aggregate of all such amounts as may be payable on the claim in respect of the protected contract of insurance.
Claims arising under COMP 3.2.4 R
COMP 10.2.9
See Notes
If a firm has a claim under COMP 3.2.4 R, the FSCS must treat the share of the shortfall of each customer as if it were a protected claim for the purposes of calculating the limits of compensation payable, within COMP 10.2, in relation to that customer.
- 14/01/2005
COMP 11
Payment of compensation
COMP 11.1
Application and Purpose
- 01/12/2004
Application
COMP 11.1.1
See Notes
This chapter applies to the FSCS.
COMP 11.1.2
See Notes
It is also relevant to claimants.
Purpose
COMP 11.1.3
See Notes
COMP 11.2
Payment
- 01/12/2004
To whom must payment be made?
COMP 11.2.1
See Notes
If the FSCS determines that compensation is payable, it must pay it to the claimant, or as directed by the claimant, unless:
(1) arrangements have or are being made to secure continuity of insurance under COMP 3.3.1 R to COMP 3.3.2E R or the FSCS is taking measures it considers appropriate to safeguard eligible claimants under COMP 3.3.3 R to COMP 3.3.6 R; or
COMP 11.2.2
See Notes
Where a claimant has a protected claim arising out of the circumstances described in COMP 12.4.5 R, the FSCS must pay any compensation to:
(1) the trustee of an occupational pension scheme; or
(3) both (1) and (2);
and not to the claimant, unless exceptional circumstances apply. COMP 11.2.3
See Notes
Where an eligible claimant has a claim under a protected contract of insurance against a relevant person that is in administration, provisional liquidation, or liquidation, the FSCS may:
(1) make payments to or on behalf of eligible claimants on such terms (including any terms requiring repayment in whole or in part) and on such conditions as it thinks fit (subject to COMP 10); or
(2) secure that payments (subject to COMP 10) are made to or on behalf of any such eligible claimants by the liquidator, administrator or provisional liquidator by giving him an indemnity covering any such payments or any class or description of such payments.
Reduced or interim payments
COMP 11.2.4
See Notes
If the FSCS is satisfied that in principle compensation is payable in connection with any protected claim, but considers that immediate payment in full would not be prudent because of uncertainty as to the amount of the claimant's overall net claim, it may decide to pay an appropriate lesser sum in final settlement, or to make payment on account.
COMP 11.2.5
See Notes
COMP 11.2.6
See Notes
The FSCS may not pay a lesser sum in final settlement under COMP 11.2.4 R and COMP 11.2.5 R where the claim is a DGD claim or ICD claim.
COMP 11.2.6A
See Notes
COMP 11.2.4 R applies to compensation payable in connection with any protected claim. It would, for example, apply to the situation where the FSCS considers it imprudent to make a payment in full because of uncertainty as to the value a court might attribute to a bonus provided for under a long-term insurance contract. In such circumstances the FSCS may make payment of compensation on account to the policyholder in respect of benefits under the contract the value of which is not uncertain.
Paying interest on compensation
COMP 11.2.7
See Notes
The FSCS may pay interest on the compensation sum in such circumstances as it considers appropriate.
COMP 11.2.8
See Notes
Interest under COMP 11.2.7 R is not to be taken into account when applying the limits on the compensation sum payable in respect of a claim under COMP 10.
Export chapter as
COMP 12
Calculating compensation
COMP 12.1
Application and Purpose
- 01/12/2004
Application
COMP 12.1.1
See Notes
This chapter applies to the FSCS.
COMP 12.1.2
See Notes
Purpose
COMP 12.1.3
See Notes
The purpose of this chapter is to set out the different ways in which the FSCS is to calculate compensation.
COMP 12.2
Quantification: general
- 01/12/2004
COMP 12.2.1
See Notes
The amount of compensation payable to the claimant in respect of any type of protected claim is the amount of his overall net claim against the relevant person at the quantification date.
COMP 12.2.2
See Notes
COMP 12.2.1 R is, however, subject to the other provisions of COMP, in particular those rules that set limits on the amount of compensation payable for various types of protected claim. The limits are set out in COMP 10.
COMP 12.2.3
See Notes
Where a liability of a relevant person to an eligible claimant could fall within more than one type of protected claim (see COMP 5.2.1 R), for example a claim in connection with money held by an
ISD investment firm
that is also a credit institution, the FSCS should seek to ensure that the claimant does not receive any further compensation payment from the FSCS in cases where the claimant has already received compensation from the FSCS in respect of that claim.
Overall net claim
COMP 12.2.4
See Notes
A claimant's overall net claim is the sum of the protected claims of the same category that he has against a relevant personin default, less the amount of any liability which the relevant person may set off against any of those claims (see COMP 10.2.2 G).
COMP 12.2.5
See Notes
COMP 12.2.6
See Notes
In calculating the claimant's overall net claim, the FSCS may rely, to the extent that it is relevant, on any determination by:
(1) a court of competent jurisdiction;
(2) a trustee in bankruptcy;
(3) a liquidator;
(4) any other recognised insolvency practitioner;
and on the certification of any net sum due which is made in default proceedings of any exchange or clearing house.COMP 12.2.7
See Notes
In calculating the claimant's overall net claim, the FSCS must take into account any payments to the claimant (including amounts recovered by the FSCS on behalf of the claimant) made by the relevant person or the FSCS or any other person, if that payment is connected with the relevant person's liability to the claimant.
COMP 12.2.8
See Notes
The FSCS must calculate the amount of compensation due to the claimant as soon as reasonably possible after it is satisfied that the conditions in COMP 3.2.1 R have been met.
COMP 12.2.9
See Notes
COMP 12.3
Quantification date
- 01/12/2004
Protected deposits
COMP 12.3.1
See Notes
For a protected deposit claim, the quantification date is the date the relevant person is determined to be in default, or the date the protected deposit was due and payable, if later.
Protected contracts of insurance
COMP 12.3.2
See Notes
For a claim under a protected contract of insurance that is a long-term insurance contract, the FSCS must determine as the quantification date a specific date by reference to which the liability of the relevant person to the eligible claimant is to be determined.
COMP 12.3.3
See Notes
For a claim under a protected contract of insurance that is a relevant general insurance contract, the FSCS must determine as the quantification date a specific date by reference to which the liability of the relevant person to the eligible claimant is to be determined.
COMP 12.3.4
See Notes
For a claim in respect of the unexpired premiums under a protected contract of insurance that is a relevant general insurance contract (see COMP 5.4.7 R (3)), the quantification date, being the date by which the liability of the relevant person to the eligible claimant is to be determined, is the date the policy was terminated or cancelled.
Protected investment business
COMP 12.3.5
See Notes
For a claim made in connection with protected investment business which is not an ICD claim, the FSCS must determine a specific date as the quantification date, and this date may be either on, before or after the date of the determination of default.
- 01/12/2001
COMP 12.3.6
See Notes
For a claim made in connection with protected investment business which is an ICD claim, the quantification date is the date the relevant person is determined to be in default.
- 01/12/2001
Protected mortgage business
COMP 12.3.7
See Notes
For a claim made in connection with
protected mortgage business
, the FSCS must determine a specific date as the quantification date, and this date may be either on, before or after the date of determination of default.
Protected non-investment insurance mediation
COMP 12.3.8
See Notes
For a claim made in connection with protected non-investment insurance mediation, the FSCS must determine a specific date as the quantification date, and this date may be either on, before or after the date of determination of default.
- 01/12/2001
COMP 12.4
The compensation calculation
- 01/12/2004
Protected deposit with incoming EEA firm
COMP 12.4.1
See Notes
If the claimant has a DGD claim against an incoming EEA firm which is a credit institution, the FSCS must take account of the liability of the Home State deposit-guarantee scheme in calculating the compensation payable by the FSCS.
Protected investment business: general
COMP 12.4.2
See Notes
The FSCS may pay compensation for any claim made in connection with protected investment business which is not:
(1) a claim for property held; or
only to the extent that the FSCS considers that the payment of compensation is essential in order to provide the claimant with fair compensation.- 01/12/2001
COMP 12.4.3
See Notes
The FSCS must not pay compensation for any claim in connection with protected investment business to the extent that it relates to or depends on:
(1) a failure of investment performance to match a guarantee given or representation made; or
(2) a contractual obligation to pay or promise to pay which the FSCS considers to have been undertaken without full consideration passing to the relevant person or in anticipation of possible insolvency; or
(3) the mere fluctuation in the value of an investment.
- 01/12/2001
COMP 12.4.4
See Notes
If the claimant has an ICD claim against an incoming EEA firm which is an
ISD investment firm
(including a credit institution which is an
ISD investment firm
), the FSCS must take account of the liability of the Home State compensation scheme in calculating the compensation payable by the FSCS.
Protected investment business: claims covered by the pensions review
COMP 12.4.5
See Notes
If the claimant has a claim in connection with protected investment business relating to the fact that the claimant has:
(1) while eligible or reasonably likely to become eligible to be a member of an occupational pension scheme, instead become a member of a personal pension scheme or entered into a retirement annuity; or
(2) ceased to be a member of, or to pay contributions to, an occupational pension scheme, and has instead become a member of a personal pension scheme or entered into a retirement annuity; or
(3) transferred to a personal pension scheme accrued rights under an occupational pension scheme which is not a defined contribution (money purchase) scheme; or
(4) ceased to be a member of an occupational pension scheme and has instead (by virtue of such a provision as is mentioned in section 591(2)(g) of the Income and Corporation Taxes Act 1988) entered into arrangements for securing relevant benefits by means of an annuity;
the FSCS must take the steps set out in COMP 12.4.6R.- 01/12/2001
COMP 12.4.6
See Notes
If COMP 12.4.5R applies, the FSCS must follow the Specification of Standards and Procedures issued by the FSA in October 1994, as supplemented and modified by subsequent guidance issued by the
FSA
(in particular, that of November 1996) (the 'Specification') in:
(1) assessing whether a relevant person has complied with the relevant regulatory requirements;
(2) assessing whether non-compliance has caused the claimant loss; and
(3) calculating the amount of compensation due (where the FSCS may rely on calculations made by the
FSA
or any previous regulator of the relevant person);
unless the FSCS considers that departure from the Specification is essential in order to provide the claimant with fair compensation.- 01/12/2001
Protected investment business: FSAVC Review
COMP 12.4.7
See Notes
Where a claim made in connection with protected investment business relates to an Additional Voluntary Contribution policy advised on or arranged by a relevant person, the FSCS must follow the FSAVC Review Model Guidance issued by the FSA in May 2000 (the "Guidance") in:
(1) assessing whether the relevant person has complied with the relevant regulatory requirements;
(2) assessing whether non-compliance has caused the claimant loss; and
(3) calculating the compensation due (where the FSCS may rely on calculations made by the
FSA
or any previous regulator of the relevant person);
unless the FSCS considers that departure from the Guidance is essential in order to provide the claimant with fair compensation.- 01/12/2001
Protected investment business: excessive benefits
COMP 12.4.8
See Notes
The FSCS may decide to reduce the compensation that would otherwise be payable for a claim made in connection with protected investment business that is not an ICD claim, if it is satisfied that:
(1) there is evidence of contributory negligence by the claimant; or
(2) payment of the full amount would provide a greater benefit than the claimant might reasonably have expected or than the benefit available on similar investments with other relevant persons; and
it would be inequitable for the FSCS not to take account of (1) or (2).- 01/12/2001
Protected contracts of insurance: liabilities subject to compulsory insurance
COMP 12.4.9
See Notes
The FSCS must pay a sum equal to 100% of any liability of a relevant person who is an insurance undertaking in respect of a liability subject to compulsory insurance to the claimant as soon as reasonably practicable after it has determined the relevant person to be in default.
Protected contracts of insurance: general insurance
COMP 12.4.10
See Notes
The FSCS must calculate the liability of a relevant person to the claimant under a relevant general insurance contract in accordance with the terms of the contract, and (subject to any limits in COMP 10.2.3R) pay that amount to the claimant.
Protected contracts of insurance: long-term insurance
COMP 12.4.11
See Notes
Unless the FSCS is making arrangements to secure continuity of insurance cover under COMP 3.3.1R to COMP 3.3.2ER, the FSCS must calculate the liability of a relevant person to the claimant under a long-term insurance contract in accordance with the terms of the contract as valued in a liquidation of the relevant person, or (in the absence of such relevant terms) in accordance with such reasonable valuation techniques as the FSCS considers appropriate.
COMP 12.4.11A
See Notes
(1)
Unless the FSCS is seeking to secure continuity of cover for a relevant person under COMP 3.3.1 R to COMP 3.3.2E R, it must:
(a) pay compensation in accordance with COMP 12.4.11 R for any benefit provided for under a protected long-term insurance contract which has fallen due or would have fallen due under the contract to be paid to any eligible claimant and has not already been paid; and
(b) do as soon as reasonably practicable after the time when the benefit in question fell due or would have fallen due under the contract (but subject to and in accordance with any other terms which apply or would have applied under the contract).
(2) If the FSCS decides to treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R then, for the purposes of (1), the value of benefits falling due after the date of that decision must be treated as reduced or disregarded to that extent.
(3) Unless it has decided to treat the liability of the relevant person under the contract as reduced or disregarded under COMP 12.4.14 R the FSCS must not treat as a reason for failing to pay, or for delaying the payment of compensation in accordance with (1), the fact that:
(a) it considers that any benefit referred to in (1) is or may be excessive in any respect; or
(b) it has referred the contract in question to an independent actuary under COMP 12.4.13 R; or
(c) it considers that it may at some later date decide to treat the liability of the relevant person under a contract as reduced or (as the case may be) disregarded under COMP 12.4.14 R;
save where the FSCS decides to exclude certain benefits to the extent that they arise out of the exercise of any option under the policy (for this purpose option includes, but is not restricted to, a right to surrender the policy).COMP 12.4.12
See Notes
The FSCS must not treat any bonus provided for under a long-term insurance contract as part of the claimant's claim except to the extent that:
(1) a value has been attributed to it by a court in accordance with the Insurers (Winding Up) Rules 2001 or any equivalent rules or legislative provision in force from time to time; or
(2) the FSCS considers that a court would be likely to attribute a value to the bonus if it were to apply the method set out in those rules.
COMP 12.4.13
See Notes
(1) If the FSCS is:
(a) seeking to secure continuity of cover under COMP 3.3.1 R to COMP 3.3.2E R or to calculate the liability owed to an eligible claimant under COMP 12.4.11 R; and
(b) considers that the benefits provided for under a protected long-term insurance contract are or may be excessive in any respect,
it must refer the contract to an actuary who is independent of the eligible claimant and of the relevant person.(2) In this rule and in COMP 12.4.14 R, a benefit is only "excessive" if, at the time when the relevant person decided to confer or to offer to confer that benefit, no reasonable and prudent insurer in the position of the relevant person would have so decided given the premiums payable and other contractual terms.
COMP 12.4.14
See Notes
If the FSCS is satisfied, following the actuary's written recommendation, that any of the benefits provided for under the contract are or may be excessive, it may treat the liability of the relevant person under the contract as reduced or (as the case may be) disregarded for the purpose of any payment made after the date of that decision.
COMP 12.4.15
See Notes
The FSCS may rely on the value attributed to the contract by the actuary when calculating the compensation payable to the claimant, or when securing continuity of cover.
Protected non-investment insurance mediation
COMP 12.4.16
See Notes
For claims arising in connection with protected contracts of insurance, the FSCS must treat any term in an insurance undertaking's constitution or in its contracts of insurance, limiting the undertaking's liabilities under a long-term insurance contract to the amount of its assets, as limiting the undertaking's liabilities to any claimant to an amount which is not less than the gross assets of the undertaking.
Protected mortgage business
COMP 12.4.17
See Notes
The FSCS may pay compensation for any claim made in connection with
protected mortgage business
only to the extent that the FSCS considers that the payment of compensation is essential in order to provide the claimant with fair compensation.
COMP 12.4.18
See Notes
The FSCS must not pay compensation for any claim in connection with
protected mortgage business
to the extent that it relates or depends on:
(1) a failure of investment performance to match a guarantee given or representation made; or
(2) the mere fluctuation in the value of property
COMP 12.4.19
See Notes
The FSCS may decide to reduce the compensation that would otherwise be payable for a claim made in connection with
protected mortgage business
if it is satisfied that there is evidence of contributory negligence by the claimant and it would be inequitable for FSCS not to take account of that fact.
Protected non-investment insurance mediation
COMP 12.4.20
See Notes
The FSCS may pay compensation for any claim made in connection with protected non-investment insurance mediation only to the extent that the FSCS considers that the payment of compensation is essential in order to provide the claimant with fair compensation.
- 01/12/2001
COMP 12.4.21
See Notes
The FSCS may decide to reduce the compensation that would otherwise be payable for a claim made in connection with protected non-investment insurance mediation if it is satisfied that:
(1) there is evidence of contributory negligence by the claimant; or
(2) payment of the full amount would provide a greater benefit than the claimant might reasonably have expected or than the benefit available on similar contracts with other relevant persons; and
it would be inequitable for FSCS not to take account of (1) or (2).- 01/12/2001
COMP 12.6
Quantification: trustees, personal representatives, agents, and joint claims
- 01/12/2004
- Future version of COMP 12.6 after 06/04/2007
Trustees
COMP 12.6.1
See Notes
COMP 12.6.2
See Notes
If a claimant has a claim as a bare trustee or nominee company for one or more beneficiaries, the FSCS must treat the beneficiary or beneficiaries as having the claim, and not the claimant.
COMP 12.6.2A
See Notes
If a claimant has a claim as a trustee of a kind falling within COMP 4.2.2 R(4)(a) or (b) for one or more members of a pension scheme (or, where relevant, the widow or widower or surviving civil partner of any member) whose benefits are money-purchase benefits, the FSCS must treat the member or members (or, where relevant, the widow or widower or surviving civil partner of any member) as having the claim, and not the claimant.
COMP 12.6.3
See Notes
COMP 12.6.4
See Notes
COMP 12.6.5
See Notes
Where the claimant is a trustee, and some of the beneficiaries of the trust are persons who would not be eligible claimants if they had a claim themselves, the FSCS must adjust the amount of the overall net claim to eliminate the part of the claim which, in the FSCS's view, is a claim for those beneficiaries.
COMP 12.6.6
See Notes
Where
COMP 12.6.1 R to COMP 12.6.5 R apply, the FSCS must try to ensure that any compensation paid to the trustee:
(1) is for the benefit of beneficiaries who would be eligible claimants if they had a claim themselves; and
(2) does not exceed the amount of the loss suffered by those beneficiaries.
COMP 12.6.7
See Notes
Where a person A is entitled (whether as trustee or otherwise) to a deposit made out of a clients' or other similar account containing money to which one or more persons are entitled, the FSCS must treat each of those other persons, and not A, as entitled to the part of the deposit that corresponds to the proportion of the money in the account to which the other person is entitled.
Personal representative
COMP 12.6.8
See Notes
Agents
COMP 12.6.9
See Notes
If a claimant has a claim as agent for one or more principals, the FSCS must treat the principal or principals as having the claim, not the claimant.
Joint claims
COMP 12.6.10
See Notes
If two or more persons have a joint beneficial claim, the claim is to be treated as a claim of the partnership if they are carrying on business together in partnership. Otherwise each of those persons is taken to have a claim for his share, and in the absence of satisfactory evidence as to their respective shares, the FSCS must regard each person as entitled to an equal share.
Foreign law
COMP 12.6.11
See Notes
In applying COMP to claims arising out of business done with a branch or establishment of the relevant person outside the United Kingdom, the FSCS must interpret references to
persons entitled as personal representatives, trustees, bare trustees or agents, or references to persons having a joint beneficial claim or carrying on business in partnership, as references to persons entitled, under the law of the relevant country or territory, in a capacity appearing to the FSCS to correspond as nearly as may be to that capacity.
Claims arising under COMP 3.2.4 R
COMP 12.6.12
See Notes
- 14/01/2005
Export chapter as
COMP 13
Funding
COMP 13.1
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.1 before 01/01/2006
COMP 13.2
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.2 before 01/01/2006
COMP 13.3
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.3 before 01/01/2006
COMP 13.4
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.4 before 01/01/2006
COMP 13.5
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.5 before 01/01/2006
COMP 13.6
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.6 before 01/01/2006
COMP 13.6A
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.6A before 01/01/2006
COMP 13.7
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.7 before 01/01/2006
COMP 13.8
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
- 01/01/2006
- Past version of COMP 13.8 before 01/01/2006
COMP 13 Ann 1
[deleted: the provisions in relation to the funding of the Financial Services Compensation Scheme are set out in FEES 6 (Financial Services Compensation Scheme Funding)]
COMP 14
Participation by EEA Firms
COMP 14.1
Application and Purpose
- 01/12/2004
Application
COMP 14.1.1
See Notes
This chapter applies to the FSCS.
COMP 14.1.2
See Notes
This chapter also applies to an incoming EEA firm which is a credit institution, or an
ISD investment firm
(or both), an IMD insurance intermediary or a UCITS management company.
Purpose
COMP 14.1.3
See Notes
This chapter provides supplementary rules and guidance for an incoming EEA firm which is a credit institution, an IMD insurance intermediary, an
ISD investment firm
or
UCITS management company
. It reflects in part the implementation of the Deposit Guarantee Directive, Investors Compensation Directive, and UCITS Directive. This sourcebook applies in the usual way to an incoming EEA firm which is exercising EEA rights under the
Insurance Directives
. Such a firm is not affected by the Deposit Guarantee Directive, the Investors Compensation Directive or the UCITS Directive.
COMP 14.1.4
See Notes
An incoming EEA firm, which is a credit institution, an IMD insurance intermediary, an
ISD investment firm
or a UCITS management company is not a participant firm in relation to its passported activities unless it "tops-up" into the compensation scheme (for a UCITS management company, this is only for certain passported activities). This reflects section 213(10) of the Act (The compensation scheme) and regulation 2 of the Electing Participants Regulations (Persons not to be regarded as relevant persons). If an incoming EEA firm also carries on non-passported activities(or, for a UCITS management company, certain passported activities) for which the compensation scheme provides cover, it will be a participant firm in relation to those activities and will be covered by the compensation scheme for those activities in the usual way.
COMP 14.1.5
See Notes
In relation to an incoming EEA firm'spassported activities, its Home State compensation scheme must provide compensation cover in respect of business within the scope of the Deposit Guarantee Directive, Investors Compensation Directive and article 5(3)of the UCITS Directive, whether that business is carried on from a UKbranch or on a cross border services basis. (For a UCITS management company, this is only for certain passported activities)
Insurance mediation activity relating to non-investment insurance contracts is not within the scope of the Deposit Guarantee Directive and the Investor Compensation Directive.
COMP 14.1.6
See Notes
If there is no cover provided by the incoming EEA firm'sHome State or the scope or level of cover is less than that provided by the compensation scheme, this chapter enables the firm to obtain cover or 'top-up' cover from the compensation scheme for its passported activities carried on from a UKbranch, up to the compensation scheme's limits (set out in COMP 10). This reflects section 214(5) of the Act (General) and regulation 3 of the Electing Participants Regulations (Persons who may elect to participate). If the firm 'tops up' and then becomes insolvent, the Home State compensation scheme will pay compensation up to the limit and scope of the Home State compensation scheme, with the FSCS paying compensation for the additional amount in accordance with the provisions in this sourcebook (COMP 12.4.1 R and COMP 12.4.4 R).
COMP 14.2
Obtaining top-up cover
- 01/12/2004
COMP 14.2.1
See Notes
An incoming EEA firm may, by notice in writing to the FSCS, elect to receive top-up cover from the compensation scheme if it falls within one of the categories prescribed in regulation 3 of the Electing Participants Regulations (Persons who may elect to participate).
COMP 14.2.2
See Notes
An election under COMP 14.2.1 R takes effect on the date when the FSCS notifies the incoming EEA firm that its election has been accepted.
COMP 14.2.3
See Notes
A notice under COMP 14.2.1 R should include details confirming that the incoming EEA firm falls within a prescribed category. In summary:
(1) the firm must be a credit institution an IMD reinsurance intermediary or an
ISD investment firm
or a UCITS management company;
(2) the firm must have established a branch in the United Kingdom in the exercise of an EEA right; and
(3) the scope and level of cover provided by the firm's Home State compensation scheme must be less than that provided by the compensation scheme.
COMP 14.2.4
See Notes
When the FSCS accepts an application, it must allocate the incoming EEAfirm to the contribution group (or groups) which seems to the FSCS to be most appropriate, taking into account the nature of the business for which the incoming EEA firm is seeking cover from the compensation scheme.
COMP 14.2.5
See Notes
The FSCS must put in place and publish procedures to enable an appeal by an incoming EEA firm against a rejection by the FSCS of an election to receive top-up cover or a decision to allocate an incoming EEA firm, once the firm's election has been accepted, to a particular contribution group. Such procedures must satisfy the minimum requirements of procedural fairness and comply with the European Convention on Human Rights.
COMP 14.3
Co-operation between the FSCS and Home State compensation schemes
- 01/12/2004
COMP 14.3.1
See Notes
Where an incoming EEA firm obtains top-up cover under COMP 14.2, the FSCS must seek to establish with that firm's Home State compensation scheme appropriate procedures for the payment of compensation to claimants, following the principles set out in Annex II of the
DGD
or Annex II of the
ICD, as appropriate.
COMP 14.4
Ending top-up cover
- 01/12/2004
FSCS terminating top-up cover
COMP 14.4.1
See Notes
The FSCS must terminate an incoming EEA firm'stop-up cover where it is advised by the firm'sHome State regulator or compensation scheme that the conditions in COMP 14.2.1 R are no longer satisfied.
COMP 14.4.2
See Notes
If an incoming EEA firm which has top-up cover fails to observe any of the rules in this sourcebook which apply to participant firms, the FSCS must notify the
FSA
and the incoming EEA firm'sHome State regulator.
COMP 14.4.3
See Notes
In cases where COMP 14.4.2 R applies, the FSCS must co-operate with the incoming EEA firm'sHome State regulator so that appropriate measures can be taken to ensure that the incoming EEA firm meets its obligations under this sourcebook.
COMP 14.4.4
See Notes
If the incoming EEA firm fails to meet its obligations for a period of twelve months, the FSCS may terminate its top-up cover.
Resignation of an EEA firm from the compensation scheme
COMP 14.4.5
See Notes
An incoming EEA firm which has top-up cover may terminate that top-up cover by giving six months' notice in writing to the FSCS.
Notice to customers and the FSCS
COMP 14.4.6
See Notes
When an incoming EEA firm's top-up cover comes to an end under COMP 14.4.1 R, COMP 14.4.4 R or COMP 14.4.5 R, it must:
(1) inform all the clients of its UKbranch no later than six weeks after the date that its participation ends that they are no longer protected by the compensation scheme, and of the level of compensation which is then available to them; and
(2) within two months, notify the FSCS whether it has done so.
COMP 14.4.7
See Notes
If an incoming EEA firm fails to comply with
COMP 14.4.6R (1)
, the FSCS must inform the firm's Home State regulator of that fact.
COMP 14.4.8
See Notes
The FSCS must bring the ending of an incoming EEA firm's top-up cover to the attention of the incoming EEA firm's clients by means of a public notice.
Export chapter as
Transitional Provisions and Schedules
COMP TP 1
Transitional Provisions
COMP TP 1.1
Transitional Provisions Table
| (1) | (2) | (3) | (4) | (5) | (6) | ||
| Material to which the transitional provision applies | Transitional Provision | Transitional provision: dates in force | Handbook Provisions coming into force | ||||
| 1 | COMP 5 | R | Protected claims | Indefinitely | Commencement | ||
| (1) | A claim for a protected deposit or under a protected contract of insurance includes a claim in respect of an article 9 default, subject to (2) | ||||||
| (2) | A claim must be treated as a claim in relation to a protected contract of insurance under COMP 5.4.5 R if the conditions in article 10(1)(a)-(d) of the compensation transitionals order are satisfied. | ||||||
| (3) | A claim in connection with protected investment business includes a claim in respect of a pending application. | ||||||
| (4) | Where the claim is in respect of an article 9 default or a pending application, theFSCSmust apply the rules of therelevant former scheme, as they applied to the default beforecommencement, unless (2) applies. | ||||||
| (5) | The rules of each investment business compensation scheme are amended so that references to the person managing the scheme are replaced by references to the FSCS. | ||||||
| (6) | The rules of the Friendly Societies Protection Scheme are amended so that: | ||||||
| (a) | references to the person managing the scheme are replaced by references to the FSCS; and | ||||||
| (b) | References to functions conferred upon the Friendly Societies Protection Scheme Board are replaced by references to functions conferred upon the FSCS. | ||||||
| (7) | Where the default occurs after commencement, aclaimfor aprotected depositincludes aclaimthat arose beforecommencementin respect of: | ||||||
| (a) | a deposit within the meaning of the Banking Act 1987; and | ||||||
| (b) | a claim in respect of a protected investment within the meaning of section 27 of the Building Societies Act 1986. | ||||||
| (8) | Where the default occurs after commencement, aclaim in connection withprotected investment businessincludes aclaimthat could have been entertained under aninvestment business compensation scheme(provided that the person making the claim has not also made apending applicationarising out of the same set of facts). | ||||||
| 2 | COMP 13.5 and COMP 13.6 | R | Expired | ||||
| 3 | COMP 13.4.6 R and COMP 13.6.7 R | R | Expired | ||||
| 4 | COMP 13.5.8 R | R | Expired | ||||
| 5 | COMP 6.2.1 R | R | Credit unions | Indefinitely | Commencement | ||
| In relation to a claim or potential claim referred to in (1) or (2), a relevant person is also any credit union which: | |||||||
| (1) | becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted before 2 July 2002; or | ||||||
| (2) | (a) | has ceased to have Part IV permission by virtue of article 3(4) of the Financial Services and Markets Act 2000 (Permission and Applications) (Credit Unions etc.) Order 2002 (SI 2002/704) (failure to comply with a direction to re-apply for Part IV permission); and | |||||
| (b) | thereafter, becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted on or after 2 July 2002 but before the date on which it ceased to have Part IV permission. | ||||||
| 6 | COMP 6.2.1 R | G | In consequence of transitional provision 5R, compensation can be provided: | ||||
| (a) | in respect of a credit union which is unable, or likely to become unable, to satisfy claims for protected deposits accepted before 2 July 2002; and | ||||||
| (b) | where a credit union has ceased to hold a Part IV permission (because of failure to comply with a direction to re-apply for the Part IV permission), for protected deposits accepted on or after 2 July 2002 but before the date at which it ceased to have the Part IV permission. | ||||||
| 7 | COMP 6.2.1 R | G | In consequence of transitional provision 5R(1), a credit union becomes a relevant person in respect of deposits accepted before 2 July 2002. | ||||
| 8 | Amendments introduced by the Compensation Sourcebook (Amendment No.2) Instrument 2003. | R | Provisions and definitions arising out of (2) only apply to defaults, or circumstances giving rise to arrangements made under COMP 3.3.1 R or to measures taken under COMP or to measures taken under COMP 3.3.3 R, occurring after the date in (6) | Indefinitely | 1 December 2003 | ||
| 9 | COMP 13.6.8 R | R | Expired | ||||
| 10 | COMP 5.7.1 R, COMP 13.4.7 R and COMP 13.6.9 R | R | Rules not in effect. | 31 October 2004 to 13 January 2005 | 31 October 2004 | ||
| 11 | FEES 6.3.1 R, FEES 6.3.22 R, FEES 6.4.8 R, FEES 6.4.6 R, FEES 6.5.1 R and FEES 6.5.6 R | R | With regard to contribution group A.18 Mortgage lenders, advisers and arrangers, the management expenses levy and compensation costs levy for 2005/2006 may also take account of expenditure in the period 31 October 2004 to 31 March 2005. | 31 October 2004 to 31 March 2006 | 31 October 2004 | ||
| 12 | FEES 6.5.7R (4), FEES 6.3.22 R, FEES 6.4.6 R, FEES 6.4.8 R, FEES 6.5.1 R, and FEES 6.5.6 R | R | With regard to contribution group A.19 General insurance mediation, the management expenses levy and compensation costs levy for 2005/2006 may also take account of expenditure in the period 14 January 2005 to 31 March 2005. | 14 January 2005 to 31 March 2006 | 31 October 2004 | ||
| 13 | FEES 6.5.7R (4), FEES 6.5.10 R, and FEES 6.5.13R (2) | R | For the period 31 October 2004 to 31 March 2006 the tariff base will be the annual income (relating to the relevant contribution group) reported in accordance with note 3 to AUTH 4 Annex 2 R or, if the firm prefers, that amount of its annual income which is attributable to business conducted with eligible claimants but only if the firm notifies FSCS of the amount by 28 February 2005. | 31 October 2004 to 31 March 2006 | 31 October 2004 | ||
| 14 | FEES 6.5.7R (5), FEES 6.5.11 R, and FEES 6.5.13R (2) | For the period 14 January 2005 to 31 March 2006 the tariff base will be the annual income (relating to the relevant contribution group) reported in accordance with note 3 to AUTH 4 Annex 2 R or, if the firm prefers, that amount of its annual income which is attributable to business conducted with eligible claimants but only if the firm notifies FSCS of the amount by 28 February 2005. | 14 January 2005 to 31 March 2006 | 31 October 2004 | |||
| 15 | COMP 5.4.4 R (4)(a) and COMP 5.4.4 R (4)(b) | R | The changes to COMP 5.4.4 R (4) made in the Compensation Sourcebook (Amendment No 7) Instrument 2006 do not apply in relation to defaults declared before 6 June 2006. | Indefinitely | 6 June 2006 | ||
COMP Sch 1
Record-keeping requirements
- 01/12/2004
COMP Sch 1.1
See Notes
| 1. | The aim of the guidance in the following able is to give the reader a quick overall view of the relevant record keeping requirements. The Rules listed below apply only to FSCS (the scheme manager). |
| 2. | It is not a complete statement of those requirements and should not be relied upon as it were. |
COMP Sch 1.2
See Notes
| Handbook reference | Subject of record | Contents of record | When record must be made | Retention period |
| FEES 6.3.14 R | FSCS funding | Full details of the movement of funds within sub-schemes. | Ongoing requirement. | N/A |
COMP Sch 2
Notification requirements
- 01/12/2004
COMP Sch 2.1
See Notes
| 1. | The aim of the guidance in the following table is to give the reader a quick overall view of the relevant requirements for notification and reporting. In all cases, other than those concerning Chapter 13 and Chapter 14, the notification rules in COMP apply only to FSCS (the scheme manager). |
| 2. | It is not a complete statement of those requirements and should not be relied on as if it were. |
COMP Sch 2.2
See Notes
| Handbook reference | Matter to be notified | Contents of notification | Trigger event | Time allowed |
| COMP 2.2.5G | Annual Report | Not specified in COMP - see Memorandum of Understanding (MoU) between FSAand FSCS | End of Financial Year | Not specified in COMP (see MoU) |
| COMP 2.2.7R | Default of relevant person | Not specified - although FSCS must take appropriate steps to ensure claimants are informed about how they can claim compensation | default of a relevant person | Not specified - but as soon as practicable after determining default |
| FEES 6.2.1 R | Right to exemption for specific costs and compensation costs levy | Notice that firm does not conduct business that could give rise to a claim on the FSCS and has no reasonable likelihood of doing so | If it does not, or if it ceases to, conduct business with persons eligible to claim on FSCS, unless it has already given such notice | None specified though exemption generally only takes effect from the date of receipt of notice by FSCS |
| FEES 6.2.4 R | Loss of right to seek exemption from specific costs & compensation costs levy | Statement that firm no longer qualifies for exemption because it carries on business with persons eligible to claim on FSCS | Firm loses the right to claim the exemption. | As soon as reasonably practicable |
| FEES 6.5.13 R | Levy base for participant firm | The contribution groups to which the participant firm belongs. The total amount of business (measured in accordance with the appropriate tariff bases, which it conducted as at 31 December of the previous year) | The end of the calendar year (the occasion of 31 December every year beginning with 31 December 2001) | By end February |
| FEES 6.7 | Participant firms compensation levy for the financial year | Amount of levy payable by the participant firm | The decision by the FSCS that it must impose a levy | 30 days before the levy is payable |
| COMP 14.2.1R | Application by eligible inward passporting EEA firm to obtain top-up cover into compensation scheme | That firm is qualifying incoming EEA firm. The sub-scheme(s) the firm wishes to participate in. Confirmation that the level or scope of cover offered by its home state scheme(s) is less than that available in the UK. | The firm's decision that it wishes to obtain top-up cover into the UK scheme. | N/A |
| COMP 14.4.5R | Termination of top-up cover | Statement that incoming EEA firm is terminating top-up cover | Decision by firm to resign from FSCS | 6 months notice |
| COMP 14.4.6R | Termination of inward passporting EEA firm's top-up cover into compensation scheme | The firm's resignation from the compensation scheme and the level of compensation available to clients of the firm's UK branch following its decision to resign from FSCS | Termination of firm's top-up cover | No later than six weeks after the end of the firms participation in compensation scheme |
COMP Sch 3
Fees and other required payments
- 01/12/2004
COMP Sch 3.1
See Notes
| The rules in FEES 6 give FSCS (the scheme manager) the power to raise levies on participant firms in order to meet its expenses. The rules in FEES 6 do not specify the amount of any levy but do specify how a participant firm's share of a levy is to be calculated and any limit on the amount leviable by the FSCS is a particular period. |
COMP Sch 4
Powers Exercised
- 01/12/2004
COMP Sch 4.1
See Notes
| The following powers and related provisions in or under the Act and the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001 ("the compensation transitionals order") have been exercised by the FSA to make the rules in COMP: |
| Section 138 (General rule-making power) |
| Section 156 (General supplementary powers) |
| Section 213 (The compensation scheme) |
| Section 214 (General) |
| Section 215 (Rights of the scheme in relevant person's insolvency) |
| Section 216 (Continuity of long-term insurance policies) |
| Section 217 (Insurers in financial difficulties) |
| Section 218 (Annual report) |
| Section 223 (Management expenses) |
| Article 4 (Pending Applications) of the compensation transitionals order |
| Article 6 (Post-commencement applications) of the compensation transitionals order |
| Article 9 (Article 9 defaults occurring before commencement) of the compensation transitionals order |
| Article 10 (Applications in respect of compulsory liability insurance) of the compensation transitionals order |
| Article 12 (Applications under the new scheme) of the compensation transitionals order |
COMP Sch 4.2
See Notes
| The following additional powers have been exercised by the FSA to make the rules in COMP: | |
| Articles 3 (Further power for Authority to make rules concerning mesothelioma claims) and 4 (Modification of FSMA in relation to FSA rules for mesothelioma claims) of the mesothelioma regulations. |
COMP Sch 4.3
See Notes
- 01/12/2004
COMP Sch 5
Rights of action for damages
- 01/12/2004
COMP Sch 5.1
See Notes
| 1. | The table below sets out the rules in COMP, contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention. | |
| 2. | If a "yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 unless a "yes" appears in the column headed "Removed". A "yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given. | |
| 3. | In accordance with the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256) a "private person" is: | |
| i | any individual, except when acting in the course of carrying on a regulated activity; and | |
| ii | any person who is not an individual, except when acting in the course of carrying on business of any kind; | |
| but does not include a government, local authority or an international organisation. | ||
| 4. | The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person, in accordance with those Regulations. If so, an indication of the type of person by whom the rule is actionable is given. | |
| 5. | The vast majority of rules in COMP are rules to which the FSCS is subject. No right of action arises under section 150 for breach of these rules, as the FSCS is not an authorised person. | |
- 01/12/2004
COMP Sch 5.2
See Notes
| Chapter/Appendix | Section/Annex | Paragraph | For private person? | Removed | For other person? | |
| COMP 13 | Funding (all rules) | Yes | No | No | ||
| COMP 14.4.6R | Yes | No | No | |||
COMP Sch 6
Rules that can be waived
- 01/12/2004
COMP Sch 6.1
See Notes
| The rules in COMP cannot be waived by the FSA, except: |
| (1) FEES 6.5.13 R ; |
| (2) COMP 14.4.6 R |