Transitional Provisions and Schedules

Part

DISP Dispute Resolution: Complaints

Chapter

Transitional Provisions and Schedules

Printed on: 16/12/2024

Rulebook at: 27/07/2012

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

Expired

DISP 1.10.1C R and DISP 1.10.1D G

Expired

DISP 1.6.4 R

Expired

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 1.10A.1 R

No firm is required to publish a complaints data summary in accordance with DISP 1.10A.1R (1) or DISP 1.10A.1R (2) if that summary would relate to a reporting period ending on or before 31 December 2009.

6 April 2010 to 31 August 2010

6 April 2010

DISP 1.10A.1 R

Where a firm, which has a reporting period ending on or after 1 January 2010, submits its report to the FSA in accordance with the complaints reporting rule between 1 January 2010 and 5 April 2010, the firm must publish a complaints data summary in accordance with DISP 1.10A.1 R no later than 31 August 2010.

6 April 2010 to 31 August 2010

6 April 2010

DISP 1.11.6A R

The Society is not required to publish a complaints data summary in accordance with DISP 1.11.6A R if that summary would relate to a reporting period ending on or before 31 December 2009.

6 April 2010 to 31 August 2010

6 April 2010

DISP 2.8.2 R

In relation to complaints about the sale of payment protection contracts where the respondent has sent the complainant a final response between 28 November 2009 and 28 April 2010 inclusive, time for the purposes of DISP 2.8.2 R (1) is to be treated as not running whilst this transitional provision is in force.

From 28 May 2010 to 27 October 2010

6 November 2008

DISP 1.10.5 R

In respect of complaints which relate to a firm's activities in respect of regulated sale and rent back agreements DISP 1.10.5 R is disapplied and is replaced by the following:

"Reports are to be submitted to the FSA within 30 business days of the end of the relevant reporting periods either in hard copy form or by email, to dmt.inbox@fsa.gov.uk."

From 30 June 2010 to 29 June 2011

30 June 2010

27A

Amendments to DISP made in the Consumer Redress Schemes Instrument 2011

The amendments do not apply in relation to any consumer redress scheme imposed before the instrument came into force on a particular firm, or on a particular payment service provider or electronic money issuer, as envisaged by section 404F(7) of the Act.

From 1 August 2011 indefinitely

1 August 2011

DISP 3.7.4 R

For a complaint referred to the Financial Ombudsman Service before 1 January 2012 the maximum money award which the Ombudsman may make is £100,000.

From 1 January 2012

1 January 2012

28A

The amendments to DISP 2.7.6R (12) effected by the Dispute Resolution: Complaints (Amendment No 4) Instrument 2011

The amendments referred to in column (2) do not affect who is an eligible complainant for the purpose of DISP 2.7.6R (12)(a) in respect of complaints that relate to acts or omissions that occurred before 1 January 2012.

From 1 January 2012

1 January 2012

DISP 1.10.2 R and DISP 1 Annex 1

Where a firm reports information on any complaints closed under a two-stage procedure before 1 July 2012, the rules and guidance in DISP 1.6.6 R, DISP 1.10.3G (2), DISP 1.10.7R (3), and DISP 1.10.8 G and DISP 1 Annex 1 apply as they stood on 30 June 2012.

1 July 2012 to 31 December 2012

1 August 2009

DISP 1.10.6A R

(1) A firm is not liable to pay the administrative fee in DISP 1.10.6A R in respect of a failure to submit a report in accordance with DISP 1.10.5 R for a relevant reporting period ending before 1 March 2012.
(2) Relevant reporting period in (1) has the meaning in DISP 1.10.4 R.

From 1 March 2012

1 March 2012

DISP TP 1.2

Table Fee tariffs for industry blocks [deleted]

DISP TP 1.3

[deleted]

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.

01/07/2012

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 or collective portfolio management services and 3 years for all other complaints

01/07/2011

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 1.10A.4 R

Publication of complaints data summary

Email confirmation of publication, containing also a statement that the data summary accurately reflects the report submitted to the FSA and stating where the summary has been published

Upon publication of complaints data summary

Immediately

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

DISP 1.11.6D R

Publication of complaints data summary

Email confirmation of publication, containing also a statement that the data summary accurately reflects the report submitted to the FSA and stating where the summary has been published

Upon publication of complaints data summary

Immediately

06/04/2010

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 or under the Act have been exercised by the FSA to make the rules in DISP:

Section 138 (General rule-making power)

Section 139(4) (Miscellaneous ancillary matters)

Section 149 (Evidential provisions)

Section 150(2) (Actions for damages)

Section 156 (General supplementary powers)

Section 226 (Compulsory jurisdiction) (including as applied by regulation 125 of the Payment Services Regulations)

Section 226A(7) (Consumer credit jurisdiction)

Section 229 (Awards)

Section 234 (Industry funding)

Section 316(1) (Direction by Authority)

Paragraphs 13 (Authority's procedural rules), 16B (Procedure for complaints etc) and 16D (Enforcement of money awards) of Schedule 17 (The Ombudsman Scheme)

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

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

01/12/2010

DISP Sch 4.2

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

Section 157(1) (Guidance)

06/01/2010

DISP Sch 4.3

The following additional powers and related provisions have been exercised by the FSA to make the guidance in DISP:

Regulation 93 (Guidance) of the Payment Services Regulations

06/01/2010

DISP Sch 4.4

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

Section 226A (Consumer Credit Jurisdiction)

Section 227 (Voluntary Jurisdiction)

Section 229 (Awards)

Section 230 (Costs)

Paragraphs 8 (Guidance), 14 (The scheme operator's rules), 15 (Fees), 16B (Consumer Credit Jurisdiction: Procedure for complaints etc) and 18 (Terms of reference to the scheme) of Schedule 17 (The Ombudsman Scheme)

06/01/2010

DISP Sch 4.5

The powers to make rules relating to the Ombudsman Scheme are shared between the FSA and the FOS Ltd. The FOS Ltd's rules are subject to FSA consent or approval. The rules made exclusively by the FOS Ltd are:

DISP 2

DISP 2.4.1 R
DISP 2.5.1 R
DISP 2.5.5 R
DISP 2.6.3 R
DISP 2.6.4 R
DISP 2.7.9R (3)

DISP 3

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

DISP 4

All rules

FEES 5

FEES 5.5A (all rules)
FEES 5 Annex 2R
FEES 5 Annex 3R

01/07/2011

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

06/01/2010

DISP Sch 6

Rules that can be waived

01/12/2004

DISP Sch 6.1

As a result of regulation 10 of the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (SI 2007/1973) the FSA has power to waive all its rules, other than rules made under section 247 (Trust scheme rules) or section 248 (Scheme particulars rules) of the Act. However, if the rules incorporate requirements laid down in European directives or European Regulations, it will not be possible for the FSA to grant a waiver that would be incompatible with the United Kingdom's responsibilities under those directives or Regulations.

27/07/2012