Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

FEES 5.1 Application and Purpose

Application

FEES 5.1.1RRP

116Rules and guidance made by the FCA in this chapter apply to every firm which is subject to the Compulsory Jurisdiction.718

718
FEES 5.1.1-AGRP

718Whilst no rule11 made by the FCA in this chapter applies to VJ participants, some of the guidance may do. The application of rules made by the FOS Ltd in this chapter is set out in FEES 5.5B19 and described in FEES 5.1.2 AG.

8
FEES 5.1.1BRRP

718FEES 5.1.1A R does not apply to 19FEES 5.5B or FEES 5 Annex 2R or Annex 3R unless otherwise stated in rules made by the FOS Ltd.

19
FEES 5.1.1CR

12This chapter applies to a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R13.13

FEES 5.1.2GRP

The rules set out in the table under FEES 5.1.2 AG are made by the FOS Ltd. All other FEES 5 rules are made by the FCA.718

718
FEES 5.1.2AGRP

718Table of FEES 5 rules made by the FOS Ltd

FEES 5 rules made by the FOS Ltd

Description

FEES 5.5B19

19

Rules relating to case fees

FEES 5 Annex 2R

Annual Levy Payable in Relation to the Voluntary Jurisdiction

FEES 5 Annex 3R

Case Fees Payable

FEES 5.1.3G

[deleted]718

FEES 5.1.3AG

[deleted]718

718

Exemption

FEES 5.1.4R

A firm which is exempt under DISP 1.1.12 R3 is also exempt from FEES 5.1, 5.2, 5.3, 5.4 and 5.671827182.

3718
FEES 5.1.4AR

2A firm will only be exempt from FEES 5.7 for any given financial year if it met the conditions inDISP 1.1.12 R3 on 31 March of the immediately preceding financial year.

3
FEES 5.1.5RRP

A firm which ceases to be exempt under FEES 5.1.4 R is to be treated, for the purposes of its contribution to the general levy, as a firm to which FEES 5.8 applies.

FEES 5.1.6R

[deleted]718

718
FEES 5.1.6AGRP

718Firms which cease to be authorised and therefore subject to the Compulsory Jurisdiction part way through the year will not receive a refund of their general levy except in exceptional circumstances.

FEES 5.1.6BG

14If, after the start of the period to which the general levy relates, a person’s Part 4A permission is cancelled under Schedule 6A or the person’s Part 4A permission is varied reducing its permission under Schedule 6A, the person will not receive a refund of their general levy, except in exceptional circumstances.

Purpose

FEES 5.1.7GRP

The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FCA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service.This Chapter4 also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.

44

Gibraltar-based firms

FEES 5.1.8 R

15In accordance with GEN 2.3 (General saving of the Handbook for Gibraltar), provisions in FEES 5 that immediately before IP completion day applied in relation to or in connection with Gibraltar will continue to apply after IP completion day. The exceptions to this provision are the amount of annual and case fees payable that are set out in FEES 5 Annex 1R, 5 Annex 2R and 5 Annex 3R, which may change each fee year.