Transitional Provisions and Schedules

Part

DISP Dispute Resolution: Complaints

Chapter

Transitional Provisions and Schedules

Printed on: 14/11/2024

Rulebook at: 01/12/2009

Transitional Provisions and Schedules

DISP TP 1

Transitional provisions

DISP TP 1.1

Transitional Provisions table

(1)

(2) Material provision to which transitional provision applies

(3)

(4) Transitional provision

(5) Transitional provision: dates in force

(6) Handbook provision: coming into force

DISP 1.2.15 G

Expired

DISP 1

A complaint received by a respondent on or before 31 October 2007 should be handled, resolved, recorded and reported in accordance with the requirements of DISP as they stood at the date the complaint was received.

From 1 November 2007

1 November 2007

DISP 2.7.9 R

In relation to a complaint concerning an act or omission before 1 November 2007, in DISP 2.7.9R (2) substitute "an intermediate customer or market counterparty" for "(a) a professional client or (b) eligible counterparty".

From 1 November 2007

1 November 2007

DISP 1.5.4 R - DISP 1.5.7 R

Expired

DISP 1.5.4 R - DISP 1.5.7 R

Expired

DISP 2 , DISP 3 and FEES 5

In DISP 2, DISP 3 and FEES 5 references to a "firm" or "firms" include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints in accordance with the Ombudsman Transitional Order.

From commencement

Commencement

DISP 2 , DISP 3 and FEES 5

Under the Ombudsman Transitional Order, a relevant complaint is subject to the Compulsory Jurisdiction whether or not it is about a firm or an unauthorised person. Unauthorised persons are not subject to DISP 1, but references to "firm" in DISP 2, DISP 3 and FEES 5 include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints , where applicable.

From commencement

Commencement

DISP 2.8.7 R

Nothing in DISP 2.8.7 R affects the position of a complaint which, on 31 May 2004, could not have been considered by the Ombudsman under DISP 2.8.2R (2); or DISP 2.8.7R (1)(b) as it then stood (as DISP 2.3.6 R (1)(b)).

From 1 June 2004

Amended with effect from 1 June 2004

DISP 2.8.7 R

In the case of a complainant falling within DISP 2.8.7 R, (and whose time for referring a complaint under the rules as they stood before 1 June 2004 has not expired), time will expire in accordance with DISP 2.8.7 R save that if the final date would otherwise be before 30 November 2004 an explanation of the final date will be in conformity with DISP 2.8.7R (2), provided it stipulates a final date which is not less than two months from the date on which the explanation is likely to be received by the complainant.

From 1 June 2004

Amended with effect from 1 June 2004

DISP 1 DISP 2 DISP 3 DISP 4 and FEES 5

In relation to relevant complaints, references in DISP 1, DISP 2, DISP 3, DISP 4 and FEES 5 to an "eligible complainant" include a person who is to be treated as an eligible complainant in accordance with the Ombudsman Transitional Order and references to a complaint shall be construed accordingly.

From commencement

Commencement

DISP 5.5.1 R

Expired

DISP 1.10.1 R and DISP 1.10.2 R

Expired

DISP 1.10.1 R and DISP 1.10.2 R

Expired

DISP 1.10.1 R and DISP 1.10.2 R

Expired

DISP 1

Deleted

Expired

FEES 5.4.1 R

Expired

FEES 5.4.1 R

Expired

DISP 1.3.12R - DISP 1.3.17R

Deleted

DISP 1.10.1 R and DISP 1.10.2 R, DISP 1.10.4 R and DISP 1 Annex 1

(1)

Solely in respect of information regarding any reversion activity or home purchase activity required to be reported in DISP 1.10.1 R and DISP 1.10.2 R, a firm is not required to include such information in respect of relevant reporting periods (as set out in DISP 1.10.4 R ) ending before 1 October 2007;

1 April 2007 to 31 December 2008

Commencement

(2)

For the purpose of reporting complaints under generic product types in DISP 1 Annex 1;

(i)

complaints relating to home reversion plans must be reported under the heading of "Lifetime Mortgage"; and

(ii)

complaints relating to home purchase plans must be recorded under the heading of "Other Regulated Mortgage".

DISP 1.10.1C R and DISP 1.10.1D G

Firms that submit a joint report before 31 July 2009 must clearly indicate in writing to the FSA the firms on whose behalf the report is submitted.

From 14 December 2007 to 31 July 2009

14 December 2007

DISP 1.6.4 R

Where a complainant indicates after 6 July 2008 their acceptance of a response sent by the respondent under DISP 1.6.4 R before 6 July 2008 then that response need not have referred to the ultimate availability of the Financial Ombudsman Service.

From 6 July 2008 to 6 September 2008

6 July 2008

DISP 2.7.3 R

A person is also an eligible complainant if:

(a) it is a business with a group annual turnover of less than £1 million at the time it refers the complaint to the respondent;
(b) the complaint relates to a contract or policy entered into by or for the benefit of the complainant before 1 November 2009; and
(c) if the complaint had been made immediately before 1 November 2009 the respondent was subject to, or participated in, the Ombudsman's jurisdiction in respect of the activity to which the complaint relates.

From 1 November 2009

1 November 2009

DISP 2.7.3 R

Transitional provision 21R applies together with the other eligibility rules in DISP 2.7. So, for example, a person who is an eligible complainant under the transitional provision, will not be an eligible complainant if the complaint does not arise from matters relevant to one of the relationships set out in DISP 2.7.6 R.

From 1 November 2009

1 November 2009

DISP TP 1.2

Table Fee tariffs for industry blocks

Industry Block

Tariff Base

1-Deposit acceptors

Number of accounts relevant to the activities in DISP 2.3.1 R

2-Firms that undertake insurance activities, subject to prudential regulation only (excluding firms in blocks 13 & 15)

Relevant annual gross premium income

3-Society of Lloyd's

Flat fee

4-Firms that undertake insurance activities, subject to both prudential and conduct of business regulation (long term life insurers)
(excluding firms in block 15)

Relevant adjusted annual gross premium income

5-Fund managers (including those holding client money/assets and not holding client money/assets)

Relevant funds under management

6-Operators, Trustees and Depositaries of collective investment schemes

Flat fee

7-Firms dealing as principal

Number of relevant traders

8-Advisory arrangers, dealers or brokers (holding or controlling client money and/or assets)

Number of relevant approved persons (controlled functions 21, 22, 24, 25, 26)

9-Advisory arrangers, dealers or brokers (not holding or controlling client money and/or assets)

Number of relevant approved persons (controlled functions 21, 22, 24, 25, 26)

10-Corporate finance advisers

Number of relevant approved persons (controlled function 23)

11-Execution-only arrangers, dealers or brokers

Flat fee

12-Advisory only firms

Number of relevant approved persons (controlled functions 21, 22, 24, 25)

13-Cash plan health providers

Flat fee

15-Friendly Societies whose tax-exempt business represents 95% or more of their total relevant business

Flat fee

DISP TP 1.3

The industry blocks in Table 2 are the same as the equivalent activity group set out in part 7 of FEES 4 Annex 1 .

Where the tariff base in the table is defined in similar terms as the tariff base for the equivalent activity group set out in part 7 of FEES 4 Annex 1 , it must be calculated in the same way as that tariff base except that it takes into account only the firm's relevant business.

DISP TP 1.4

Payment Services Regulations 2009 transitioning payment institutions

This TP applies in relation to a person who falls within regulation 122(1) (Transitional provisions: requirement to be authorised as a payment institution) or regulation 123(1) (Transitional provisions: requirement to be registered as a small payment institution) of the Payment Services Regulations (a "transitioning payment institution").

This TP applies from 1 November 2009 until 30 April 2011.

DISP 1 (Treating complainants fairly) applies in relation to a transitioning payment institution as if the transitioning payment institution were a payment institution.

The Ombudsman can consider a complaint that relates to an act or omission by a transitioning payment institution under the Compulsory Jurisdiction if:

(1)

it could consider that complaint under the Compulsory Jurisdiction if it related to a payment institution; and

(2)

(where the transitioning payment institution is a licensee) the complaint relates to an act or omission in providing payment services.

The effect of this transitional provision is to:

(1)

apply to transitioning payment institutions as though they were payment institutions the complaints-handling requirements in DISP 1.1 to DISP 1.8; and

(2)

to bring them within the scope of the Compulsory Jurisdiction to the same extent as payment institutions.

Complaints relating to payment services, consumer credit activities or a combination of both can be considered under the Compulsory Jurisdiction. However, transitioning payment institutions that are licensees will remain subject to the Consumer Credit Jurisdiction for complaints that relate only to consumer credit activities.

The rules and guidance in FEES 5.5.1R, 5.5.6 R, FEES 5.5.7 R, 5.5.15 R, 5.7.2 R, 5.9.1 R and 5.9.2 G shall apply to transitioning payment institutions and persons that cease to be transitioning institutions in the same way as they apply to firms and firms that cease to be authorised.

01/11/2009

DISP Sch 1

Record keeping requirements

01/12/2004

DISP Sch 1.1

The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements.

It is not a complete statement of those requirements and should not be relied on as if it were.

01/12/2004

DISP Sch 1.2

Handbook reference

Subject of record

Contents of record

When record must be made

Retention period

DISP 1.9.1 R

Complaints subject to DISP 1.3 - DISP 1.8 (other than DISP 1.5).

Each complaint received and the measures taken for its resolution

On receipt

5 years for complaints relating to MiFID business and 3 years for all other complaints

01/11/2007

DISP Sch 2

Notification requirements

01/12/2004

DISP Sch 2.1

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.

It is not a complete statement of those requirements and should not be relied on as if it were.

01/04/2002

DISP Sch 2.1

Handbook reference

Matter to be notified

Contents of notification

Trigger event

Time allowed

DISP 1.1.12 R

Firm qualifies for exemption

Confirmation that a firm does not do business with eligible complainants and has no reasonable likelihood of doing so

Conditions in DISP 1.1.12 R apply

N/A

DISP 1.10.1 R

Complaints report

Details

- 6 months preceding the accounting reference date
- accounting reference date

30 business days

DISP 1.10.8 G

Single contact point

Details

At the time of authorisation or on subsequent change

Not specified

DISP 1.11.5 R (1)

Member of Lloyd's qualifies for exemption

Confirmation by the Society of Lloyd's that a specified member of Lloyd's does not do business with eligible complainants and has no reasonable likelihood of doing so

[As above]

N/A

DISP 1.11.5 R (2)

End of exemption for member of Lloyd's

Confirmation by the Society of Lloyd's that the condition in DISP 1.1.7 no longer apply to a specified member of Lloyd's

Conditions in DISP 1.1.7 no longer apply

Not specified

DISP 1.11.6 R

Complaints report by Society of Lloyd's

Details

- 30 September
- 31 March
each year

One month

FEES 5.4.1 R

Relevant business conducted

The total amount of relevant business (measured in accordance with the appropriate tariff base(s)) which the firm conducted as at or in the year to 31 December as appropriate, in relation to the tariff base for each of the relevant industry blocks set out in FEES 5 Annex 1 R

N/A

By the end of February each year

01/11/2007

DISP Sch 3

Fees and other required payment

01/12/2004

DISP Sch 3.1

There are no requirements for fees or other payments in DISP.

01/06/2009

DISP Sch 4

Powers Exercised

01/12/2004

DISP Sch 4.1

The following powers and related provisions in the Act, in the Mortgages and General Insurance Complaints Transitional Order and in the Ombudsman Transitional Order have been exercised by the FSA to make the rules in DISP:

(1)

Section 138 (General rule-making power)

(2)

Section 156 (General supplementary powers

(3)

Section 226 (Compulsory Jurisdiction)

(4)

Section 229 (Awards)

(4A)

Section 234 (Funding)

(4B)

Section 316(1) (Direction by Authority)

(5)

Schedule 17 paragraph 13 (FSA's procedural rules)

(6)

Article 15 (Record-keeping and reporting requirements relating to relevant complaints) of the Ombudsman Transitional Order.

(7)

Section 226A(7) (Consumer Credit Jurisdiction)

(8)

Section 229 (Awards)

(8A)

Schedule 17 paragraph 13(4)

(9)

Schedule 17 paragraph 16B,D

(10)

Article 9 (Record-keeping and reporting requirements relating to relevant transitional complaints) of the Mortgages and General Insurance Complaints Transitional Order

The following power in the Act has been exercised by the FSA to give the guidance in DISP:

(1)

Section 157(1) (Guidance)

The following powers and related provisions in the Act have been exercised by the FOS Ltd to make the rules in DISP:

(1)

Section 227 (Voluntary Jurisdiction)

(1A)

Section 226A (Consumer Credit Jurisdiction)

(1B)

Section 229 (Awards)

(2)

Section 230 (Costs)

(3)

Schedule 17 paragraph 8 (Guidance)

(4)

Schedule 17 paragraph 14 (The scheme's rules)

(5)

Schedule 17 paragraph 15 (Fees)

(5A)

Schedule 17 paragraph 16B (Consumer Credit Jurisdiction)

(6)

Schedule 17 paragraph 18 (Terms of reference to the scheme)

06/04/2008

DISP Sch 4.2

Table: The powers to make rules relating to the new ombudsman scheme are shared between the FSA and the Financial Ombudsman Service (FOS Ltd). FOS Ltd's rules are subject to FSA consent or approval. The rules made exclusively by FOS Ltd are:

DISP 2

2.4.1 R

2.5.1 R

2.5.5 R

2.6.3 R

2.6.4 R

2.7.9R (3)

DISP 3

All the rules in this chapter, except for DISP 3.7.4R (which is made by the FSA) and DISP 3.7.12R (which is made by the FSA and the FOS Ltd).

DISP 4

All rules

FEES 5

5.1.6R

(all rules) 5.5

5.7.2R

5.7.3R

5.9.1R

FEES 5 Annex 1 R

part 3

part 4

06/08/2008

DISP Sch 5

Actions for damages for contravention under section 150 of the Act

01/12/2004

DISP Sch 5.1

The table below sets out the rules in DISP 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.

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 (or, in certain circumstances, his fiduciary or representative; see article 6(2) and (3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001 No 2256)). 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.

The column headed "For other person?" indicates whether the rule may be actionable by a person other than a private person (or his fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given.

01/12/2004

DISP Sch 5.2

Right of Action under s150

Chapter/Appendix

Section/Annex

Paragraph

For private person?

Removed?

For other person?

1 Complaints handling arrangements for firms

All rules apart from DISP 1.11.13 R and DISP 1.11.14 R

Yes

14 and 15

Yes - DISP 1.11.21 R

2 Jurisdiction rules

Yes

3 Complaints handling procedures of the Financial Ombudsman Service

Yes

4 The standard terms

N/A

5 Funding

Yes

01/11/2007

DISP Sch 6

Rules that can be waived

01/12/2004

DISP Sch 6.1

No rules in DISP may be waived, other than DISP 1.10.1 R, and DISP 1.6 to DISP 1.8.

01/11/2007