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PART IV |
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THE VOLUNTARY JURISDICTION |
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Introduction |
| | 18. This Part of this Schedule applies only in relation to the voluntary jurisdiction.
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Terms of reference to the scheme |
| | 19. - (1) Complaints are to be dealt with and determined under the voluntary jurisdiction on standard terms fixed by the scheme operator with the approval of the Authority.
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(2) Different standard terms may be fixed with respect to different matters or in relation to different cases.
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(3) The scheme operator may not vary any of the standard terms or add or remove terms without the approval of the Authority.
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Delegation by and to other schemes |
| | 20. - (1) The scheme operator may make arrangements with a relevant body-
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(a) for the exercise by that body of any part of the voluntary jurisdiction of the ombudsman scheme on behalf of the scheme; or |
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(b) for the exercise by the scheme of any function of that body as if it were part of the voluntary jurisdiction of the scheme. |
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(2) A "relevant body" is one which the scheme operator is satisfied-
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(a) is responsible for the operation of a broadly comparable scheme (whether or not established by statute) for the resolution of disputes; and |
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(b) in the case of arrangements under sub-paragraph (1)(a), will exercise the jurisdiction in question in a way compatible with the requirements imposed by or under this Act in relation to complaints of the kind concerned. |
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(3) Such arrangements require the approval of the Authority.
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Voluntary jurisdiction rules: procedure |
| | 21. - (1) If the scheme operator makes voluntary jurisdiction rules, it must give a copy to the Authority without delay.
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(2) If the scheme operator revokes any such rules, it must give written notice to the Authority without delay.
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(3) The power to make voluntary jurisdiction rules is exercisable in writing.
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(4) Immediately after making voluntary jurisdiction rules, the scheme operator must arrange for them to be printed and made available to the public.
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(5) The scheme operator may charge a reasonable fee for providing a person with a copy of any voluntary jurisdiction rules.
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Verification of the rules |
| | 22. - (1) The production of a printed copy of voluntary jurisdiction rules purporting to be made by the scheme operator-
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(a) on which is endorsed a certificate signed by a member of the scheme operator's staff authorised by the scheme operator for that purpose, and |
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(b) which contains the required statements, |
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is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
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(2) The required statements are-
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(a) that the rules were made by the scheme operator; |
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(b) that the copy is a true copy of the rules; and |
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(c) that on a specified date the rules were made available to the public in accordance with paragraph 21(4). |
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(3) A certificate purporting to be signed as mentioned in sub-paragraph (1) is to be taken to have been duly signed unless the contrary is shown.
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Consultation |
| | 23. - (1) If the scheme operator proposes to make voluntary jurisdiction 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 the public.
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(2) The draft must be accompanied by-
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(a) an explanation of the proposed rules; and |
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(b) a statement that representations about the proposals may be made to the scheme operator within a specified time. |
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(3) Before making any voluntary jurisdiction rules, the scheme operator must have regard to any representations made to it in accordance with sub-paragraph (2)(b).
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(4) If voluntary jurisdiction rules made by the scheme operator differ from the draft published under sub-paragraph (1) in a way which the scheme operator considers significant, the scheme operator must publish a statement of the difference.
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