DISP TP 1 Transitional provisions

DISP TP 1.1 Transitional Provisions table

(1)

(2) Material provision to which transitional provision applies

(3)

(4) Transitional provision

(5) Transitional provision: dates in force

(6) Handbook provision: coming into force

1

DISP 1.2.15 G

R

Expired9

9
9 9

111A

DISP 1

R

A complaint received by a respondent1233 on or before 31 October 2007 should be handled, resolved, recorded and reported in accordance with the requirements of DISP as they stood at the date the complaint was received.

From 1 November 2007

1 November 2007

12331B

DISP 2.7.9 R1434

1434
1434

In relation to a complaint concerning an act or omission before 1 November 2007, in DISP 2.7.9R (2) 1434 substitute "an intermediate customer or market counterparty" for "(a) a professional client or (b) eligible counterparty".

1434

From 1 November 2007

1 November 2007

2

DISP 1.5.4 R - DISP 1.5.7 R

R

Expired9

9
9 9

3

DISP 1.5.4 R - DISP 1.5.7 R

G

Expired9

9
9 91434

6

DISP 2, DISP 3 832 and 1434FEES 5832

1434

R

In DISP 2, DISP 3 and 1434FEES 5832references to a "firm" or "firms" include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints in accordance with the Ombudsman Transitional Order.

1434

From commencement

Commencement

17

DISP 2, DISP 3 and 1434FEES 5832

8321434

G

Under the Ombudsman Transitional Order, a relevant complaint is subject to the Compulsory Jurisdiction whether or not it is about a firm or an unauthorised person. Unauthorised persons are not subject to DISP 1, but references to "firm" in DISP 2, DISP 3 and 832FEES 5832 include unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints1434, where applicable.

14341434

From commencement

Commencement

37A

DISP 2.8.7 R1434

1434

R

Nothing in DISP 2.8.7 R affects the position of a complaint which, on 31 May 2004, could not have been considered by the Ombudsman under DISP 2.8.2 R (2); or DISP 2.8.7R (1)(b) as it then stood (as DISP 2.3.6 R (1)(b)). 1434

1434

From 1 June 2004

Amended with effect from 1 June 2004

37B

DISP 2.8.7 R1434

1434

R

In the case of a complainant falling within DISP 2.8.7 R, (and whose time for referring a complaint under the rules as they stood before 1 June 200415 has not expired), time will expire in accordance with DISP 2.8.7 R save that if the final date would otherwise be before 30 November 2004 an explanation of the final date will be in conformity with DISP 2.8.7R (2), provided it stipulates a final date which is not less than two months from the date on which the explanation is likely to be received by the complainant. 1434

143415

From 1 June 2004

Amended with effect from 1 June 2004

8

DISP 1 DISP 2 DISP 3 DISP 4 and1434 FEES 5832

8321434

R

In relation to relevant complaints, references in DISP 1, DISP 2, DISP 3, DISP 4 and FEES 5832 to an "eligible complainant" include a person who is to be treated as an eligible complainant in accordance with the Ombudsman Transitional Order and references to a complaint shall be construed accordingly. 1434

8321434

From commencement

Commencement

9

DISP 5.5.1 R

R

Expired9

999
9 9

102

DISP 1.10.1 R and DISP 1.10.2 R12332

R2

Expired13

1313
13

112

DISP 1.10.1 R and DISP 1.10.2 R12332

R2

Expired13

131313
13 13

122

DISP 1.10.1 R and DISP 1.10.2 R12332

R2

Expired13

13

13

134

DISP 14

R4

Deleted13

13
13 13

144

G4

Expired13

13

156

FEES 5.4.1 R832

832

R6

Expired13

13
13 13

166

FEES 5.4.1 R832

832

G6

Expired13

13
13 13

177

DISP 1.3.12R - DISP 1.3.17R1233

1233

R7

Deleted13

13
13 13

1018

DISP 1.10.1 R and DISP 1.10.2 R, DISP 1.10.4 R1233 and DISP 1 Annex 1

1233

R

18Expired18

12331233
18 18

1319

DISP 1.10.1C R and DISP 1.10.1D G

R

Expired18

18
18 18

143420

DISP 1.6.4 R

R

Expired18

18
18 18

1621

DISP 2.7.3 R

R

A person is also an eligible complainant if:

(a) it is a business with a group annual turnover of less than £1 million at the time it refers the complaint to the respondent;

(b) the complaint relates to a contract or policy entered into by or for the benefit of the complainant before 1 November 2009; and

(c) if the complaint had been made immediately before 1 November 2009 the respondent was subject to, or participated in, the Ombudsman's jurisdiction in respect of the activity to which the complaint relates.

From 1 November 2009

1 November 2009

1622

DISP 2.7.3 R

G

Transitional provision 21R applies together with the other eligibility rules in DISP 2.7. So, for example, a person who is an eligible complainant under the transitional provision, will not be an eligible complainant if the complaint does not arise from matters relevant to one of the relationships set out in DISP 2.7.6 R.

From 1 November 2009

1 November 2009

2023

DISP 1.10A.1 R

R

[deleted]

2024

DISP 1.10A.1 R

R

[deleted]

2025

DISP 1.11.6A R

R

[deleted]

1926

DISP 2.8.2 R

R

[deleted]

2127

DISP 1.10.5 R

R

[deleted]

2327A

Amendments to DISP made in the Consumer Redress Schemes Instrument 2011

The amendments do not apply in relation to any consumer redress scheme imposed before the instrument came into force on a particular firm, or on a particular payment service provider or electronic money issuer, as envisaged by section 404F(7) of the Act.

From 1 August 2011 indefinitely

1 August 201122362537

223628

DISP 3.7.4 R

R

For a complaint referred to the Financial Ombudsman Service before 1 January 2012 the maximum money award which the Ombudsman may make is £100,000.

From 1 January 2012

1 January 201222

253728A

The amendments to DISP 2.7.6R (12) effected by the Dispute Resolution: Complaints (Amendment No 4) Instrument 2011

R

The amendments referred to in column (2) do not affect who is an eligible complainant for the purpose of DISP 2.7.6 R (12)(a) in respect of complaints that relate to acts or omissions that occurred before 1 January 2012.

From 1 January 2012

1 January 201226

2229

DISP 1.10.2 R and DISP 1 Annex 1

R

Where a firm reports information on any complaints closed under a two-stage procedure before 1 July 2012, the rules and guidance in DISP 1.6.6 R, DISP 1.10.3G (2), DISP 1.10.7R (3), and DISP 1.10.8 G and DISP 1 Annex 1 apply as they stood on 30 June 2012.

1 July 2012 to 31 December 2012

1 August 200924

2430

DISP 1.10.2A R

R

Where a firm, which has a reporting period ending on or before 30 June 2013 submits its report to the FCA in accordance with the complaints reporting rule at DISP 1.10.2A R the number of complaints must be calculated for the period from the 31 December 2012 to the end of the firm's relevant reporting period.

31 December 2012 to 30 June 2013.

31 December 201226

2631

DISP 1.10.6A R

R

(1) A firm is not liable to pay the administrative fee in DISP 1.10.6A R in respect of a failure to submit a report in accordance with DISP 1.10.5 R for a relevant reporting period ending before 1 March 2012.

(2) Relevant reporting period in (1) has the meaning in DISP 1.10.4 R.

From 1 March 2012

1 March 20122738

273832

The changes to DISP 1.10 and DISP 1.10A set out in Annex K of the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014

R

The changes referred to in column (2) to DISP 1.10 and DISP 1.10A do not apply until 1 October 2014.

1 April 2014 to 1 October 2014

1 April 2014

273833

The changes to DISP 1.10 and DISP 1.10A set out in Annex K of the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014

G

Firms are reminded that CONC 12.1.4 R provides that DISP 1.10 and DISP 1.10A (a) do not apply to a person with only an interim permission; and (b) apply to a firm with an interim permission that is treated as a variation of permission with respect to credit-related regulated activity or operating an electronic system in relation to lending29 as if the changes to DISP 1.10 and DISP 1.10A effected by the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014 had not been made.

The effect of TP 32 and CONC 12.1.4 R is that:

(1) for a firm with only an interim permission:

(a) the reporting frequencies, submission deadlines and time limits for publication for the returns and complaints data summaries in DISP 1.10 and DISP 1.10A are calculated by reference to the firm's next accounting reference date that follows 1 October 2014 or, if later, the date on which the firm's application for permission to carry on credit-related regulated activity or operating an electronic system in relation to lending29 is granted;

(b) the first complaints return in the form in DISP 1 Annex 1 should cover complaints received in the period:

(i) starting on either 1 October 2014 or, if later, on the date on which the firm's application for permission to carry on credit-related regulated activity or operating an electronic system in relation to lending29 is granted; and

(ii) ending on either the accounting reference date or (if the frequency is twice a year and the start of the period under (i) is more than six months before the accounting reference date) the date that falls six months before the firm's accounting reference date.

(2) For a firm with an interim permission that is treated as a variation of permission, where the relevant reporting period includes a period after the date on which the firm's application for a variation of permission to add credit-related regulated activity or operating an electronic system in relation to lending29 is granted (or, if that date is before 1 October 2014, where the relevant reporting period includes a period after 1 October 2014):

(a) the complaints return form should be submitted in the form in DISP 1 Annex 1 as amended by Annex K of the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014); and

(b) items 35 to 46 of the form should cover complaints received from 1 October 2014 or, if later, from the date on which the firm's application for permission to carry on credit-related regulated activity or operating an electronic system in relation to lending29 is granted.

1 April 2014 to the date on which interim permission ceases to have effect

1 April 2014

273834

DISP 1.10 and DISP 1.10A

R

DISP 1.10 and DISP 1.10A do not apply to a firm with permission to carry on only one or more credit-related regulated activities or operating an electronic system in relation to lending29 (and no other regulated activity) until 1 October 2014.

1 April 2014 to 1 October 2014

1 April 2014

2835

DISP 2.3.1 R, DISP 2.3.2A R and DISP 2.3.2B R

R

(1)

Except where indicated otherwise, expressions used in this rule have the same meaning as they had in the Consumer Credit Act 1974 on 31 March 2014, before the amendments made to that Act by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013, the Financial Services Act 2012 (Consumer Credit) Order 2013, the Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014, the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014, the Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014, and the Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) (No. 2) Order 2014 came into force.

Indefinitely from 1 April 2014

1 April 2014

(2)

In DISP 2.3.1 R, DISP 2.3.2A R and DISP 2.3.2B R, references to an act or omission by a firm, payment service provider or electronic money issuer in carrying on regulated activities or credit-related regulated activities include an act or omission which took place before 1 April 2014 in carrying on any one of the following activities:

(a)

providing credit or otherwise being a creditor under a regulated consumer credit agreement;

(b)

the bailment or (in Scotland) the hiring of goods or otherwise being an owner under a regulated consumer hire agreement;

(c)

credit brokerage in so far as it was the effecting of introductions of:

(i)

individuals desiring to obtain credit to persons carrying on a consumer credit business; or

(ii)

individuals desiring to obtain goods on hire to persons carrying on a consumer hire business;

(d)

in so far as they related to regulated consumer credit agreements or regulated consumer hire agreements:

(i)

debt-adjusting;

(ii)

debt-counselling;

(iii)

debt-collecting; or

(iv)

debt administration;

(e)

the provision of credit information services; or

(f)

the operation of a credit reference agency;

where at the time of the act or omission complained of:

(g)

the firm, payment service provider or electronic money issuer was:

(i)

covered by a standard licence under the Consumer Credit Act 1974; or

(ii)

authorised to carry on an activity by virtue of section 34A of that Act; or

(iii)

in accordance with regulation 26(2) of the Payment Services Regulations or regulation 31 of the Electronic Money Regulations was not required to hold a licence for consumer credit business under section 21 of the Consumer Credit Act 1974; and

(h)

the activity was carried on in the course of a business of a type which was specified in accordance with section 226A(2)(e) of the Act (now repealed).

2836

DISP 2.3.1 R

R

In DISP 2.3.1 R (4), in relation to an act or omission by a firm in lending money that took place before 1 April 2014, the reference to "(excluding restricted credit where that is not a credit-related regulated activity)" is to be read as a reference to "(excluding restricted credit where that is not an activity described in TP 35(2))".

Indefinitely from 1 April 2014

1 April 2014

2837

DISP 2.3.1 R

R

In DISP 2.3.1 R (5), in relation to an act or omission by a firm in paying money by a plastic card that took place before 1 April 2014, the reference to "(excluding a store card where that is not a credit-related regulated activity)" is to be read as a reference to "(excluding a store card where that is not an activity described in TP 35(2))".

Indefinitely from 1 April 2014

1 April 2014

383039

DISP 1

R

In respect of a complaint received by a respondent on or before 8 July 2015 the respondent must handle, resolve, record and report the complaint in accordance with the rules as they stood at the date on which the complaint was received by the respondent.

From 9 July 2015

From 9 July 2015.

3139

DISP 1.5, DISP 1.10 and DISP 1.10A, DISP 1 Annex 1R, DISP 1 Annex 1BR

R

(1) In respect of reporting periods starting on or before 29 June 2016, the rules and guidance in column (2) continue to apply to a firm as they stood at the beginning of the relevant reporting period for the purposes of reporting information about complaints under DISP 1.10 and DISP 1 Annex 1R, and publishing complaints data under DISP 1.10A and DISP 1 Annex 1BR.

(2) For reporting periods commencing on or after 30 June 2016, the rules and guidance in column (2) apply as they stood on 30 June 2016.

From 30 June 2016

From 30 June 2016

3140

DISP 1.5, DISP 1.10 and DISP 1.10A, DISP 1 Annex 1R, DISP 1 Annex 1BR

G

The effect of TP 39(1) is that a firm with a reporting period which starts on or before 29 June 2016 should continue to use the rules, guidance, reporting forms and publication forms as they were at the start of the relevant reporting period and is not required to report or publish information about complaints resolved under DISP 1.5 by close of the business day following its receipt in such a reporting period. However, subject to that, from 30 June 2016 a firm must comply with the rules in DISP 1.5 when dealing with complaints, so a firm would need to send a summary resolution communication under DISP 1.5.4R in relation to any complaint considered to be resolved by close of the third business day following the day on which it is received.

From 30 June 2016

From 30 June 2016

DISP TP 1.2 Table Fee tariffs for industry blocks [deleted]18

DISP TP 1.3 [deleted]18

DISP TP 1.4 Payment Services Regulations 2009 transitioning payment institutions

171

R

This TP applies in relation to a person who falls within regulation 122(1) (Transitional provisions: requirement to be authorised as a payment institution) or regulation 123(1) (Transitional provisions: requirement to be registered as a small payment institution) of the Payment Services Regulations (a "transitioning payment institution").

2

R

This TP applies from 1 November 2009 until 30 April 2011.

3

R

DISP 1 (Treating complainants fairly) applies in relation to a transitioning payment institution as if the transitioning payment institution were a payment institution.

4

R

The Ombudsman can consider a complaint that relates to an act or omission by a transitioning payment institution under the Compulsory Jurisdiction if:

(1)

it could consider that complaint under the Compulsory Jurisdiction if it related to a payment institution; and

(2)

(where the transitioning payment institution is a licensee) the complaint relates to an act or omission in providing payment services.

5

G

The effect of this transitional provision is to:

(1)

apply to transitioning payment institutions as though they were payment institutions the complaints-handling requirements in DISP 1.1 to DISP 1.8; and

(2)

to bring them within the scope of the Compulsory Jurisdiction to the same extent as payment institutions.

6

G

Complaints relating to payment services, consumer credit activities or a combination of both can be considered under the Compulsory Jurisdiction. However, transitioning payment institutions that are licensees will remain subject to the Consumer Credit Jurisdiction for complaints that relate only to consumer credit activities.

357

R

The rules and guidance in FEES 5.5.1R, 5.5.6 R, FEES 5.5.7 R, 5.5.15 R, 5.7.2 R, 5.9.1 R and 5.9.2 G shall apply to transitioning payment institutions and persons that cease to be transitioning institutions in the same way as they apply to firms and firms that cease to be authorised.