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| Costs. |
202. - (1) The scheme operator may by rules ("costs rules") provide for an ombudsman to have power, on determining a complaint, to award costs in accordance with the provisions of the rules.
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(2) Costs rules may not provide for the making of an award against the complainant in respect of the respondent's costs.
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(3) But they may provide for the making of an award against the complainant in favour of the scheme operator, for the purpose of providing a contribution to resources deployed in dealing with the complaint, if in the opinion of the ombudsman-
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(a) the complainant's conduct was improper or unreasonable; or |
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(b) the complainant was responsible for an unreasonable delay. |
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(4) Costs rules may authorise an ombudsman making an award in accordance with the rules to order that the amount payable under the award bears interest at a rate and as from a date specified in the order.
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(5) An amount due under an award made in favour of the scheme operator is recoverable as a debt due to the scheme operator.
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(6) Any other award made against the respondent to be treated as a money award for the purposes of paragraph 17 of Schedule 14.
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Information |
| Ombudsman's power to require information. |
203. - (1) An ombudsman may, by notice in writing served on a party to a complaint, require that party-
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(a) to provide specified information or information of a specified description; or |
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(b) to produce specified documents or documents of a specified description. |
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(2) The information or documents must be provided or produced-
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(a) before the end of such reasonable period as may be specified; and |
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(b) in the case of information, in such manner or form as may be specified. |
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(3) This section applies only to information and documents the production of which the ombudsman considers necessary for the determination of the complaint.
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(4) If a document is produced in response to a requirement imposed under this section, the ombudsman may-
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(a) take copies or extracts from the document; or |
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(b) require the person producing the document to provide an explanation of the document. |
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(5) If a person who is required under this section to produce a document fails to do so, the ombudsman may require him to state, to the best of his knowledge and belief, where the document is.
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(6) No person may be required under this section to produce or disclose a privileged communication.
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(7) If a person claims a lien on a document, its production under this Part does not affect the lien.
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(8) "Specified" means specified in the notice served under subsection (1).
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| Powers of court where information required. |
204. - (1) If a person ("the defaulter") fails to comply with a requirement imposed under section 203, the ombudsman may certify that fact in writing to the court and the court may enquire into the case.
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(2) If the court is satisfied that the defaulter failed without reasonable excuse to comply with the requirement, it may punish the defaulter (and, in the case of a body corporate, any director or officer) as if he had been guilty of contempt of court.
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(3) "Court" means-
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(b) in Scotland, the Court of Session. |
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Funding |
| Industry funding. |
205. - (1) For the purpose of funding-
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(a) the establishment of the ombudsman scheme (whenever any relevant expense is incurred), and |
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(b) its operation in relation to complaints to which section 198 applies, |
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the Authority may make rules requiring the payment to it or to the scheme operator, by authorised persons or any class of authorised person of specified amounts (or amounts calculated in a specified way).
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(2) "Specified" means specified in the rules.
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