Financial Services Bill
TO BE MOVED
OF THE WHOLE HOUSE
[Supplementary to the Third Marshalled List]
LORD KENNEDY OF SOUTHWARK
Page 285, line 11, at end insert—“Part 5 Complainant representatives Introduction
1 This Part of this Schedule applies to a complaint under the compulsory jurisdiction, the consumer credit jurisdiction or the voluntary jurisdiction in respect of which the complainant has entered into an agreement with a complainant representative.
2 A “complainant representative” is a person which has entered into an agreement with a complainant with respect to a complaint pursuant to which any fee has been, will be or may be paid by the complainant.Complainant representative rules
3 The scheme operator must make rules, to be known as “complainant representative rules”, which are to set out requirements applicable to complainant representatives and to complaints falling within paragraph 1.
4 Complainant representative rules may, among other things—
(a) require that a complainant representative disclose to the scheme operator the agreement referred to in paragraph 2 when a complaint within paragraph 1 is made;
(b) require a complainant representative to take reasonable steps to obtain from the complainant, and as appropriate to supply to the ombudsman, such information as an ombudsman might reasonably require to determine a complaint;
(c) provide for the consequences if a complainant representative does not comply with complainant representative rules or other applicable legal or regulatory requirements, including—
(i) requiring such complainant representative to pay to the scheme operator, in respect of complaints for which the complainant representative does not comply with such rules or requirements, such fees as may be specified in the complainant representative rules; and
(ii) requiring or enabling the ombudsman not to consider any complaint or to consider a complaint only if conditions specified by the ombudsman have been satisfied;
(d) enable the ombudsman to dismiss a complaint without consideration of its merits where the complainant representative has not cooperated with reasonable requests made by the respondent, including not providing adequate information as to the true nature of the complaint.
5 Complainant representative rules shall not require the disclosure to the ombudsman scheme of any material which is legally privileged.Consultation
6 If the scheme operator proposes to make any complainant representative rules it must publish a draft of the proposed rules in the way appearing to it to be best calculated to bring them to the attention of persons appearing as likely to be affected.
7 The draft must be accompanied by a statement that representations about the proposals may be made to the scheme operator within a time specified in the statement.
8 Before making the proposed complainant representative rules, the scheme operator must have regard to any representations made to it under paragraph 7.
9 The consent of the Authority is required before any complainant representative rules may be made.”