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), of an electronic money issuer (including agents of an electronic money institution), of a CBTL firm, of a designated credit reference agency or of a designated finance platform which:1615establishment in the United Kingdom.7
71111141214121411- (c)
are, or are ancillary to, regulated claims management activities.16
- (c)
- (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; and15
9 - (c)
complaints in relation to regulated claims management activity.15
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; and15
13 - (c)
complaints in relation to regulated claims management activity.15
- (a)
15For an activity to amount to a regulated claims management activity it must be carried on in Great Britain (see PERG 2.4A). The application of the Compulsory Jurisdiction to firms which carry on regulated claims management activities (and activities ancillary to regulated claims management activities) depends on whether the activity is carried on in Great Britain rather than whether it is carried on from an establishment maintained in the United Kingdom.
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)
15Complaints about activities which are claims management services but which are not regulated claims management activity (for example, services provided by a company incorporated in Northern Ireland to a natural person ordinarily resident in Northern Ireland) may be covered by the Voluntary Jurisdiction under DISP 2.6.4R(1) where the activities are carried on from an establishment in the United Kingdom.
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
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