1. (1)

   Subject to DISP 1.1.5 R, this15 chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative in the United Kingdom.

   15
2. (2)

   For complaints relating to the MiFID business of a firm, the complaints handling rules and the complaints record rule:

   1. (a)

      apply to complaints from retail clients and do not apply to complaints from eligible complainants who are not retail clients;

   2. (b)

      also apply in respect of activities carried on from a branch of a UK firm in another EEA State; and

   3. (c)

      do not apply in respect of activities carried on from a branch of an EEA firm in the United Kingdom.

3. (3)

   9The complaints data publication rules do not apply in respect of activities carried on from a branch of an EEA firm in the United Kingdom or activities carried on by an EEA firm in the United Kingdom under the freedom to provide cross border services.11

Where a firm has outsourced activities to a third party processor, DISP 1.1.3 R does not apply to the third party processor when acting as such, but applies to the firm which is taking responsibility for the acts and omissions of the third party processor in respect of the outsourced activities.

This chapter does not apply to:

1. (1)

   [deleted]738

   738
2. (2)

   [deleted]14

   14
3. (3)

   an authorised professional firm in respect of expressions of dissatisfaction about its non-mainstream regulated activities; and 15

4. (4)

   complaints in respect of auction regulation bidding. 15

14The complaints reporting rules and the complaints data publication rules do not apply to a credit union.

This chapter applies to the Society, members of the Society and managing agents, subject to the Lloyd's complaint rules.

An insurance intermediary, that is not also an insurer, must have in place and operate appropriate and effective procedures for registering and responding to complaints from a person who is not an eligible complainant.

In relation to a firm's obligations under this chapter, references to a complaint also include an expression of dissatisfaction which is capable of becoming a relevant new complaint or[deleted] a relevant transitional complaint.

8This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9) applies to payment service providers in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

13 39This chapter (except the complaints record rule, the complaints reporting rules, and the complaints data publication rules) applies to electronic money issuers in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

11For complaints related to collective portfolio management services of a UK UCITS management company for a UCITS scheme or an EEA UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:

1. (1)

   the consumer awareness rules, complaints handling rules and complaints record rule apply in respect of complaints from Unitholders rather than from eligible complainants; and

2. (2)

   the consumer awareness rules, the complaints handling rules and the complaints record rule, as modified in (1), also apply where the services are provided from a branch in another EEA State (and any reference to respondent in the consumer awareness rules includes such a branch).

For complaints related to collective portfolio management services of an EEA UCITS management company for a UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:

1. (1)

   where the services are provided from a branch in the United Kingdom, the consumer awareness rules, complaints handling rules and complaints record rule apply in respect of complaints from Unitholders rather than from eligible complainants; and

2. (2)

   this chapter, except the consumer awareness rules, complaints handling rules, complaints record rule and complaints data publication rules, also applies to an EEA UCITS management company providing services in the United Kingdom under the freedom to provide cross border services.

Where the subject matter of a complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000, the complaints resolution rules, the complaints time limit rules, the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9 will apply only if the complaint is about the outcome of the review.

12Where the subject matter of a complaint falls to be dealt with (or has properly been dealt with) under a consumer redress scheme, the complaints resolution rules, the complaints time limits rules, the complaints record rule and the complaints reporting rules do not apply.

1. (1)

   A firm, payment service provider8 or electronic money issuer1339 falling within the Compulsory Jurisdiction which does not conduct business with eligible complainants and has no reasonable likelihood of doing so, can, by written notification to the FSA , claim exemption from the rules relating to the funding of the Financial Ombudsman Service, and from the remainder of this chapter.

   1339
2. (2)

   Notwithstanding (1):11

   1. (a)

      the complaints handling rules and complaints record rule will continue to apply in respect of complaints concerning MiFID business; and11

   2. (b)

      the consumer awareness rules, the complaints handling rules and the complaints record rule will continue to apply in respect of complaints concerning the provision of collective portfolio management services.11

3. (3)

   The exemption takes effect from the date on which the written notice is received by the FSA and will cease to apply when the conditions relating to the exemption no longer apply.

This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules)9 applies to licensees for complaints from eligible complainants.

This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules)9 applies to VJ participants for complaints from eligible complainants as part of the standard terms.

In relation to the Consumer Credit Jurisdiction only, FOS Ltd may dispense with, or modify, the application of the rules in this chapter to licensees where it considers it appropriate to do so and is satisfied that:

1. (1)

   compliance by the licensee with the rules would be unduly burdensome or would not achieve the purpose for which the rules were made; and

2. (2)

   it would not result in undue risk to the persons whose interests the rules were intended to protect.

To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:

1. (1)

   publish appropriate information regarding their internal procedures for the reasonable and prompt handling of complaints;616

   616
2. (2)

   refer eligible complainants to the availability of this information:6165

   5616
   5
   1. (a)

      5in relation to a payment service, in the information on out-of-court complaint and redress procedures required to be provided or made available under regulations 36(2)(e) (Information required prior to the conclusion of a single payment service contract) or 40 (Prior general information for framework contracts) of the Payment Services Regulations; or

   2. (b)

      otherwise, in writing at, or immediately after, the point of sale; and

3. (3)

   provide such information in writing and free of charge616 to eligible complainants:

   616
   1. (a)

      on request; and

   2. (b)

      when acknowledging a complaint

Where the activity does not involve a sale, the obligation in

DISP 1.2.1R (2)(b) 5 shall apply at, or immediately after, the point when contact is first made with an eligible complainant.

Effective and transparent procedures for the reasonable and prompt handling of complaints must be established, implemented and maintained by:

1. (1)

   a respondent; and

2. (2)

   a branch of a UKfirm in another EEA State.

4 16These procedures must ensure that a complaint may be made free of charge.

5A UK UCITS management company must ensure that the procedures it establishes under DISP 1.3.1 R for the reasonable and prompt handling of complaints require that:

1. (1)

   there are no restrictions on Unitholders exercising their rights in the event that the UCITS is authorised in an EEA State other than the United Kingdom; and

2. (2)

   Unitholders are allowed to file complaints in any of the official languages of the Home State of the UCITS scheme or EEA UCITS scheme or of any EEA State to which a notification has been transmitted by the competent authority of the scheme'sHome State in accordance with article 93 of the UCITS Directive.

In respect of complaints that do not relate to MiFID business, a respondent must put in place appropriate management controls and take reasonable steps to ensure that in handling complaints it identifies and remedies any recurring or systemic problems, for example, by:

1. (1)

   analysing the causes of individual complaints so as to identify root causes common to types of complaint;

2. (2)

   considering whether such root causes may also affect other processes or products, including those not directly complained of; and

3. (3)

   correcting, where reasonable to do so, such root causes.

1. (1)

   4A firm must appoint an individual at the firm, or in the same group as the firm, to have responsibility for oversight of the firm's compliance with DISP 1.

2. (2)

   The individual appointed must be carrying out agoverning function at the firm or in the same group as the firm.

Once a complaint has been received by a respondent, it must:

1. (1)

   investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;59

2. (2)

   assess fairly, consistently and promptly:

   1. (a)

      the subject matter of the complaint;

   2. (b)

      whether the complaint should be upheld;

   3. (c)

      what remedial action or redress (or both) may be appropriate;

   4. (d)

      if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint;

taking into account all relevant factors;

1. (3)

   offer redress or remedial action when it decides this is appropriate;

2. (4)

   explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress; and

3. (5)

   comply promptly with any offer of remedial action or redress accepted by the complainant.

Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.

The following rules do not apply to a complaint that is resolved by a respondent by close of business on the business day following its receipt:

1. (1)

   the complaints time limit rules;

2. (2)

   the complaints forwarding rules;

3. (3)

   the complaints reporting rules;

   6
4. (4)

   the complaints record rule, if the complaint does not relate to MiFID business or collective portfolio management services for a UCITS scheme or an EEA UCITS scheme7; and6

5. (5)

   the complaints data publication rules.6

On receipt of a complaint, a respondent must:

1. (1)

   send the complainant a prompt written acknowledgement providing early reassurance that it has received the complaint and is dealing with it; and

2. (2)

   ensure the complainant is kept informed thereafter of the progress of the measures being taken for the complaint's resolution.

The respondent must, by the end of eight weeks after its receipt of the complaint, send the complainant:

1. (1)

   a 'final response', being a written response from the respondent which:39

   39
   1. (a)

      accepts the complaint and, where appropriate, offers redress or remedial action; or

   2. (b)

      offers redress or remedial action without accepting the complaint; or

   3. (c)

      rejects the complaint and gives reasons for doing so;

   and which:

   1. (d)

      encloses a copy of the Financial Ombudsman Service's standard explanatory leaflet;

   2. (e)

      informs the complainant that if he remains dissatisfied with the respondent's response, he may now refer his complaint to the Financial Ombudsman Service and must do so within six months; or

2. (2)

   a written response which:

   1. (a)

      explains why it is not in a position to make a final response and indicates when it expects to be able to provide one;

   2. (b)

      informs the complainant that he may now refer the complaint to the Financial Ombudsman Service;

   3. (c)

DISP 1.6.2 R does not apply if the complainant has already indicated in writing acceptance of a response by the respondent, provided that the response:

1. (1)

   informed the complainant how to pursue his complaint with the respondent if he remains dissatisfied; 28

2. (2)

   referred to the ultimate availability of the Financial Ombudsman Service if he remains dissatisfied with the respondent's response;28

A respondent that has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in a complaint may forward the complaint, or the relevant part of it, in writing to that other respondent, provided it:

1. (1)

   does so promptly;

2. (2)

   informs the complainant promptly in a final response of why the complaint has been forwarded by it to the other respondent, and of the other respondent's contact details; and

3. (3)

   where jointly responsible for the fault alleged in the complaint, it complies with its own obligations under this chapter in respect of that part of the complaint it has not forwarded.

When a respondent receives a complaint that has been forwarded to it under DISP 1.7.1 R, the complaint is treated for the purposes of DISP as if made directly to that respondent, and as if received by it when the forwarded complaint was received.

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service (see DISP 2.814)14 it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2 R.

A firm, including, in the case of MiFID business or collective portfolio management services for a UCITS scheme or an EEA UCITS scheme,2 a branch of a UKfirm in another EEA state, must keep a record of each complaint received and the measures taken for its resolution, and retain that record for:

1. (1)

   at least five years where the complaint relates to MiFID business or collective portfolio management services for a UCITS scheme or an EEA UCITS scheme;2 and

2. (2)

   three years for all other complaints;

from the date the complaint was received.

Twice a year a firm must provide the FSA with a complete report concerning complaints received from eligible complainants. The report must be set out in the format in DISP 1 Annex 1.

1 A firm must not include in the report a complaint that has been forwarded in its entirety to another respondent under the complaints forwarding rules.1

1 Firms that are part of a group may submit a joint report to the FSA . The joint report must contain the information required from all firms concerned and clearly indicate the firms on whose behalf the report is submitted. The requirement to provide a report, and the responsibility for the report, remains with each firm in the group.

DISP 1 Annex 1 requires (for the relevant reporting period) information about:

1. (1)

   the total number of complaints received by the firm;

   1
2. (2)

   the total number of complaints closed by the firm:

   1. (a)

      within four weeks or less of receipt;

   2. (b)

      more than four weeks and up1 to eight weeks of receipt; and

      1
   3. (c)

      more than eight weeks after receipt;

3. (3)

   the total number of complaints:

   1. (a)

      upheld by the firm in the reporting period; and1

   2. (b)

      outstanding at the beginning of the reporting period; and1

      1
4. (4)

   the total amount of redress paid in respect of complaints during the reporting period.

The relevant reporting periods are:

1. (1)

   the six months immediately following a firm'saccounting reference date; and

2. (2)

   the six months immediately preceding a firm'saccounting reference date.

Reports are to be submitted to the FSA within 30 business days of the end of the relevant reporting periods through, and in the electronic format specified in, the FSA Complaints Reporting System or the appropriate section of the FSA website.

If a firm is unable to submit a report in electronic format because of a systems failure of any kind, the firm must notify the FSA , in writing and without delay, of that systems failure.

1. (1)

   5If a firm does not submit a complete report by the date on which it is due, in accordance with DISP 1.10.5 R, the firm must pay an administrative fee of £250.

2. (2)

   The administrative fee in (1) does not apply if the firm has notified the FSA of a systems failure in accordance with DISP 1.10.6 R.

A closed complaint is a complaint where:

1. (1)

   the firm has sent a final response; or

2. (2)

   the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.317

   317

For the purpose of inclusion in the public record maintained by the FSA, a firm must:

1. (1)

   provide the FSA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and

2. (2)

   notify the FSA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under the complaints reporting rules.

1. (1) 1

   Where, in accordance with DISP 1.10.1 R, a firm submits a report to the FSA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).

2. (2)

   Where, in accordance with DISP 1.10.1C R, a firm submits a joint report on behalf of itself and other firms within a group and that report reports 500 or more complaints, it must publish a summary of the complaints data contained in the joint report (the complaints data summary).

The complaints data summary required by DISP 1.10A.1 R must be published in the format set out in DISP 1 Annex 1B R.

1. (1)

   Where the firm's relevant reporting period (as defined in DISP 1.10.4 R) ends between 1 January and 30 June, the firm must publish the complaints data summary no later than 31 August of the same year.

2. (2)

   Where the firm's relevant reporting period (as defined in DISP 1.10.4 R) ends between 1 July and 31 December, the firm must publish the complaints data summary no later than 28 February of the following year.

A firm must immediately confirm to the FSA , in an email submitted tocomplaintsdatasummary@fsa.gov.uk, that the complaints data summary accurately reflects the report submitted to the FSA , that the summary has been published and where it has been published.

Any firm covered by a joint report, other than the firm that submitted the joint report, must provide details of where the complaints data summary is published to any person who requests them.

The Society must establish and maintain appropriate and effective procedures for handling complaints by policyholders against members of the Society which comply with this chapter.

A member of the Society must, in complying with this chapter, ensure that the arrangements which the member maintains are compatible with the Lloyd's complaint procedures, so that, taken as a whole, the requirements of this sourcebook are met.

The Society must take reasonable steps to ensure that complaints by policyholders against members of the Society are dealt with under the Lloyd's complaint procedures and that members comply with the requirements of those procedures.

A complaint by a policyholder against a member of the Society may not be referred to the Financial Ombudsman Service until after the Lloyd's complaint procedures have been completed or until after the end of eight weeks from receipt of the complaint, whichever is the earlier.

1. (1)

   A notification claiming exemption under DISP 1.1.12 R from the complaints reporting rules and the rules relating to the funding of the Financial Ombudsman Service must be given to the FSA by the Society on behalf of any member eligible for an exemption.

2. (2)

   The Society must notify the FSA if the conditions relating to such an exemption no longer apply to a member who is exempt.

The report to be sent to the FSA under the complaints reporting rules must be provided by the Society and must cover all complaints by policyholders against members falling within the scope of the complaints reporting rules.

1Where, in accordance with DISP 1.11.6 R, the Society submits a report to the FSA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).

1The Society must publish the complaints data summary in the format set out in the complaints publication form in DISP 1 Annex 1B R omitting details as to the firms and brands/trading names covered by the summary.

1The deadlines for publication of the Society's complaints data summaries are:

1. (1)

   28 February for the summary of its report relating to the reporting period ending on 31 December of the previous year; and

2. (2)

   31 August for the summary of its report relating to the reporting period ending on 30 June of the same year.

1The Society must immediately confirm to the FSA, in an email submitted to complaintsdatasummary@fsa.gov.uk, that the complaints data summary accurately reflects the report submitted to the FSA, that the summary has been published and where it has been published.

A members' adviser must establish and maintain effective arrangements for handling any complaint from a member of the Society regarding advice given to the member in connection with the acquiring or disposing of syndicate participation.

The Society must establish and maintain appropriate and effective arrangements for handling any complaint from a member or a former member about:

1. (1)

   regulated activities carried on by the Society;

2. (2)

   the Society'sregulatory functions carried on by the Society, the Council or those to whom the Council delegates authority to carry out such functions;

3. (3)

   advice given by an underwriting agent to a person to become, continue or cease to be, a member of a particular syndicate; and

4. (4)

   the management by a managing agent of the underwriting capacity of a syndicate on which the complainant participates or has participated.

The Society must maintain by byelaw one or more appropriate effective schemes for the resolution of disputes between an individual member or a former member who was an individual member and:

1. (1)

   his underwriting agent; or

2. (2)

   the Society.

For the purposes of DISP 1.11.13 R "individual member" includes a member which is a limited liability partnership or a body corporate whose members consist only of, or of the nominees for, a single natural person or a group of connected persons.

A contravention of DISP 1.11.13 R or DISP 1.11.14 R does not give rise to a right of action by a private person under section 150 of the Act (Actions for damages) and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action.

Complaints return form

This annex consists only of one or more forms. Forms are to be found through the following address:

Complaints return form - DISP 1 Annex 1 R341421567815

This table belongs to DISP 1.10A.2 R - DISP 1 Annex 1B R12