the advice in (1) was to transfer their BSPS pension benefits;
the suitability requirements applied to the advice in (1);
the consumer subsequently transferred their BSPS pension benefits;
the consumer had not, prior to the scheme effective date, accepted an offer of redress from the firm or other person in full and final settlement of all potential claims arising out of the advice in (1);
the advice in (1) was not reviewed in a past business review carried out by a skilled person where the firm had assessed the firm’s advice using the FCA DBAAT and notified the consumer of the following:
the law applicable to the obligations of the firm arising in connection with the advice in (1) is that of a UK territory (that is, England and Wales, Scotland or Northern Ireland) (see CONRED 4.2.5R); and
if the applicable law in (8) is that of England and Wales or Northern Ireland:
if the applicable law in (8) is that of Scotland:
that of the UK territory where, in connection with the advice:
the advice was provided at least in part in that UK territory.
in relation to cases which do not meet any one of the conditions in CONRED 4.2.2R(1) to (10) (subject to CONRED 4.2.3R) (non-scheme cases), to send to the consumer a redress determination in the form set out in CONRED 4 Annex 1R;
1Where a consumer has responded to a letter sent by a firm in accordance with CONRED 4.2.7R(2) stating that they do not wish to have their case considered under this consumer redress scheme, the firm must, within 5 business days of receiving the response, send the consumer a redress determination in the form set out in CONRED 4 Annex 3R.