DISP 2.6 What is the territorial scope of the relevant jurisdiction?
Compulsory Jurisdiction
- (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), 11 of an electronic money issuer (including agents of an electronic money institution),14 of a CBTL firm, 14of a designated credit reference agency12 or of a designated finance platform14 carried on from an establishment in the United Kingdom.7
7111211 - (2)
The Compulsory Jurisdiction also covers complaints about:9 7
79- (a)
collective portfolio management services provided by an EEA UCITS management company managing a UCITS scheme; and9
- (b)
AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme13;9
from an establishment in another EEA State under the freedom to provide cross-border services.9
- (a)
- (3)
[deleted]
- (4)
[deleted]
- (5)
[deleted]
- (6)
[deleted]
- (1)
includes incoming EEA firms, incoming EEA authorised payment institutions6, incoming EEA authorised electronic money institutions820 and incoming Treaty firms; but
- (2)
excludes complaints about business conducted in the United Kingdom on a services basis from an establishment outside the United Kingdom other than:13
- (a)
complaints about collective portfolio management services provided by an EEA UCITS management company in managing a UCITS scheme; and 13
- (b)
complaints about AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme.13
- (a)
Voluntary Jurisdiction
The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:519
- (1)
in the United Kingdom; or
- (2)
elsewhere in the EEA if the following conditions are met:
- (a)
the activity is directed wholly or partly at the United Kingdom (or part of it);
- (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
- (c)
the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.
- (a)
Location of the complainant
A complaint can be dealt with under the Financial Ombudsman Service whether or not the complainant lives or is based in the United Kingdom.519
519