relevant new complaint

(in accordance with the Ombudsman Transitional Order) a complaint referred to the Financial Ombudsman Service after commencement which relates to an act or omission occurring before commencement if:

1. (a) the act or omission is that of a person who was, immediately before commencement, subject to a former scheme;
1. (b) the act or omission occurred in the carrying on by that person of an activity to which that former scheme applied; and
1. (c) the complainant is eligible and wishes to have the complaint dealt with under the new scheme;

for the purposes of (c), where the complainant is not eligible in accordance with DISP 2 (Jurisdiction of the Financial Ombudsman Service), an Ombudsman may, nonetheless, if he considers it appropriate, treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before commencement.3