DISP 2.7 The territorial scope of the jurisdiction of the Financial Ombudsman Service
The territorial scope of the jurisdiction of the Financial Ombudsman Service covers complaints about the activities of a firm, an appointed representative, a licensee23 or a VJ participant carried on from an establishment in the United Kingdom.
The territorial scope of the jurisdiction of the Voluntary Jurisdiction of the Financial Ombudsman Service also covers complaints about activities specified in DISP 2.6.9 R (1) to DISP 2.6.9 R (6) or activities ancillary to them carried on from an establishment elsewhere in the EEA if the following conditions are met:
- (1)
the activity is directed wholly or partly at the United Kingdom (or part of it);
- (2)
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)
the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.
DISP 2.7.2 R (1) covers activities which the VJ participant conducts with the intention that some or all of the customers relating to that activity should reside in the United Kingdom.
- (1)
covers firms (including appointed representatives) operating from an establishment in the United Kingdom, including incoming EEA firms and incoming Treaty firms which qualify for authorisation under Schedule 3 (EEA Passport Rights) or Schedule 4 (Treaty Rights) to the Act; but
- (2)
does not cover complaints which concern business conducted by branches of firms outside the United Kingdom or by EEA firms operating in the United Kingdom on a services basis from outside the United Kingdom.
23The Consumer Credit Jurisdiction covers licensees operating from an establishment in the United Kingdom, but does not cover complaints which concern business conducted by branches of licensees outside the United Kingdom.
- (1)
covers VJ participants operating from an establishment in the United Kingdom;
- (2)
also covers complaints that concern business conducted by VJ participants operating elsewhere in the EEA, but only in relation to the activities specified in DISP 2.6.9 R (1) to DISP 2.6.9 R (6) subject to the conditions in DISP 2.7.2 R (1) to DISP 2.7.2 R (3).
A complaint can be dealt with under the Financial Ombudsman Service irrespective of whether the complainant lives or is based in the United Kingdom.