Related provisions for DISP 4.2.2

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DISP 4.2.1RRP
(1) For the purposes of the standard terms, a company, partnership, individual practitioner or other business, whether authorised or unauthorised, agreeing to participate in the Voluntary Jurisdiction of the Financial Ombudsman Service is known as a VJ participant.(2) In consequence of the agreement by the VJ participant to participate in the Voluntary Jurisdiction, the standard terms fix the basis on which complaints relating to relevant acts or omissions of the VJ participant
DISP 4.2.3RRP
DISP 1.5.1 R contains a requirement for a firm in the Compulsory Jurisdiction to make and retain records of complaints subject to DISP 1.4 - DISP 1.6 for a minimum period of three years from the date of its receipt of a complaint. Although this requirement is not applied to VJ participants, they may need to keep records of complaints for sufficient time to enable them to provide the Ombudsman with necessary information in the event of a complaint being referred to the Financial
DISP 4.2.4RRP
The rules and guidance contained in DISP 2 will apply for the purposes of the Voluntary Jurisdiction, with the exception of DISP 2.6.1 R - DISP 2.6.8 G.
DISP 4.2.5RRP
By agreeing to participate in the Voluntary Jurisdiction, a VJ participant also agrees to complaints relating to activities covered by DISP 2.6.9 R being dealt with under DISP 2.6.12 R.
DISP 4.2.6RRP
The rules and guidance contained in DISP 3 will apply to VJ participants for the purposes of the Voluntary Jurisdiction as if they were firms (except where their application to VJ participants is specifically excluded or necessarily inapplicable).
DISP 4.2.7RRP
(1) None of the following is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of any functions in connection with the Voluntary Jurisdiction:(a) FOS Ltd;(b) any member of its governing body;(c) any member of its staff;(d) any person acting as an Ombudsman for the purposes of the Financial Ombudsman Service.(2) Paragraph (1) does not apply:(a) where the act or omission is shown to have been in bad faith; or(b) so as to prevent an award
DISP 4.2.8RRP
If the Ombudsman determines a complaint under the Voluntary Jurisdiction in favour of the complainant, the determination may include:(1) a "money award", that is, an award against the VJ participant of such amount as the Ombudsman considers fair compensation for financial loss or for loss or damage of a kind specified in DISP 3.9.2 G that has been suffered, or may be suffered, by the complainant;(2) a direction that the VJ participant take such steps in relation to the complainant
DISP 2.5.1RRP
All firms are subject to the Compulsory Jurisdiction of the Financial Ombudsman Service. VJ participants are subject to the Voluntary Jurisdiction and to DISP 2 to the extent specified in the standard terms (DISP 4). Licensees are subject to the Consumer Credit Jurisdiction.23
DISP 2.5.2GRP
Firms may, however, be exempt from the requirements of DISP 1 (Treating complainants fairly324) and FEES 5122 (Financial Ombudsman Service funding), if they qualify under DISP 1.1.12 R324 (Exemption).122122
DISP 4.1.1GRP
The standard terms apply to any company, partnership, individual practitioner or other business which has decided to be a participant in the Voluntary Jurisdiction (a VJ participant). They are fixed by FOS Ltd with the approval of the FSA in accordance with paragraph 18 of Schedule 17 to the Act.
DISP 4.1.2GRP
The standard terms are the basis on which complaints will be dealt with and determined under the Voluntary Jurisdiction. They cover:(1) the rules and guidance for handling complaints (see DISP 4.2.2 R to DISP 4.2.6 R);(2) an indemnity for FOS Ltd, any member of its governing body, any member of its staff and any person acting as an Ombudsman, as permitted by paragraph 18(5) of Schedule 17 to the Act (see DISP 4.2.7 R);(3) the Ombudsman's powers relating to determinations and awards
FEES 5.2.1GRP
Paragraph 9 of Schedule 17 to the Act (The Ombudsman Scheme) requires FOS Ltd to adopt an annual budget which has been approved by the FSA. The annual budget must distinguish between the costs of operating the Compulsory Jurisdiction, the Consumer Credit Jurisdiction4 and the Voluntary Jurisdiction.
FEES 5.2.5GRP
Paragraph 18 of Schedule 17 to the Act enables FOS Ltd to require VJ participants to pay to it such amounts at such times as it specifies in the standard terms.
FEES 5.2.6GRP
The relevant provisions of the rules in FEES 5 and FEES 2 will be applied to VJ participants through the standard terms made by FOS Ltd under paragraph 18 of Schedule 17 to the Act (see DISP 4).
DISP 1.1.2GRP
Details of how this chapter applies to each type of respondent are set out below. For this purpose, respondents include:(1) persons carrying on regulated activities and covered by the Compulsory Jurisdiction (firms);(2) persons covered by the Consumer Credit Jurisdiction (licensees); and(3) persons who have opted in to the Voluntary Jurisdiction (VJ participants).
DISP 1.1.15RRP
This chapter (except the complaints record rule and the complaints reporting rules) applies to VJ participants for complaints from eligible complainants as part of the standard terms.
DISP 1.1.16GRP
Although licensees and VJ participants are not required to comply with the complaints record rule, it is in their interest to retain records of complaints so that these can be used to assist the Financial Ombudsman Service should it be necessary.
FEES 5.9.3GRP
5Licensees will also continue to be liable for any case fees relating to chargeable cases closed by the Financial Ombudsman Service after they cease to be licensees. Licensees will be charged the standard case fee where the complaint was closed by the Financial Ombudsman Service before the end of the year in which they ceased to be licensees. The special case fee will apply to any complaint closed after the end of that year since the licensee will no longer be contributing to
DISP 3.6.2GRP
If a firm or licensee6 fails to comply with a time limit, the Ombudsman may proceed to the next stage of consideration of the complaint and may, if appropriate, make provision for any material distress or material inconvenience caused by that failure in any award which he decides to make.
DISP 2.1.1GRP
This chapter applies to the Ombudsman, to firms (except UCITS qualifiers), to licensees16 and to VJ participants.
FEES 5.3.7GRP
Under the standard terms, VJ participants will be required to pay to FOS Ltd an amount calculated on a similar basis towards the costs of operating the Voluntary Jurisdiction of the Financial Ombudsman Service. FOS Ltd will be responsible for invoicing and collecting this amount.
DISP App 1.1.5GRP
Relevant existing complaints will be referred by the former schemes to FOS Ltd for completion at commencement. Article 2 of the Ombudsman Transitional Order provides that FOS Ltd will complete the handling of these cases, but requires that, in a significant number of respects, it must do this in accordance with the requirements of the relevant former scheme.
FEES 1.1.3GRP
The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).
DISP 3.1.2RRP
It is also relevant to those who might wish to refer a complaint to the Financial Ombudsman Service.
DISP 2.6.4RRP
The carrying on of an activity in DISP 2.6.1 R includes offering, providing or failing to provide and administering or failing to administer a service in relation to the activities covered by that rule. This includes the manner in which a firm has administered its business, provided that the business is an activity subject to the jurisdiction of the Financial Ombudsman Service.