Content Options

View Options

Status: You are viewing the version of the handbook as on 2016-02-03.

DISP 2.6 What is the territorial scope of the relevant jurisdiction?

Compulsory Jurisdiction

DISP 2.6.1RRP
  1. (1)

    The Compulsory Jurisdiction covers complaints about the activities of a firm (including its appointed representatives) , of a payment service provider (including agents of a payment institution)or of an electronic money issuer (including agents of an electronic money institution) carried on from an establishment in the United Kingdom.7

    7
  2. (2)

    The Compulsory Jurisdiction also covers complaints about:9 7

    79
    1. (a)

      collective portfolio management services provided by an EEA UCITS management company managing a UCITS scheme; and9

    2. (b)

      AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF;9

    from an establishment in another EEA State under the freedom to provide cross-border services.9

  3. (3)

    [deleted]

  4. (4)

    [deleted]

  5. (5)

    [deleted]

  6. (6)

    [deleted]

517
DISP 2.6.2GRP

This:517

  1. (1)

    includes incoming EEA firms, incoming EEA authorised payment institutions6, incoming EEA authorised electronic money institutions818 and incoming Treaty firms; but

  2. (2)

    excludes complaints about business conducted in the United Kingdom on a services basis from an establishment outside the United Kingdom

    (other than complaints about collective portfolio management services provided by an EEA UCITS management company in managing a UCITS scheme, and complaints about AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF9).7

Voluntary Jurisdiction

DISP 2.6.4RRP

The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:517

  1. (1)

    in the United Kingdom; or

  2. (2)

    elsewhere in the EEA if the following conditions are met:

    1. (a)

      the activity is directed wholly or partly at the United Kingdom (or part of it);

    2. (b)

      contracts governing the activity are (or, in the case of a potential customer, would have been) made under the law of England and Wales, Scotland or Northern Ireland; and

    3. (c)

      the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.

Location of the complainant

DISP 2.6.5GRP

A complaint can be dealt with under the Financial Ombudsman Service whether or not the complainant lives or is based in the United Kingdom.517

517
517