Financial Services and Markets Bill - continued        House of Lords
Determination of complaints - continued

back to previous text
Costs.     226. - (1) The scheme operator may by rules ("costs rules") provide for an ombudsman to have power, on determining a complaint under the compulsory jurisdiction, to award costs in accordance with the provisions of the rules.
      (2) Costs rules require the approval of the Authority.
      (3) Costs rules may not provide for the making of an award against the complainant in respect of the respondent's costs.
      (4) 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-
    (a) the complainant's conduct was improper or unreasonable; or
    (b) the complainant was responsible for an unreasonable delay.
      (5) 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.
      (6) An amount due under an award made in favour of the scheme operator is recoverable as a debt due to the scheme operator.
      (7) Any other award made against the respondent is to be treated as a money award for the purposes of paragraph 16 of Schedule 17.
Ombudsman's power to require information.     227. - (1) An ombudsman may, by notice in writing given to a party to a complaint, require that party-
    (a) to provide specified information or information of a specified description; or
    (b) to produce specified documents or documents of a specified description.
      (2) The information or documents must be provided or produced-
    (a) before the end of such reasonable period as may be specified; and
    (b) in the case of information, in such manner or form as may be specified.
      (3) This section applies only to information and documents the production of which the ombudsman considers necessary for the determination of the complaint.
      (4) If a document is produced in response to a requirement imposed under this section, the ombudsman may-
    (a) take copies or extracts from the document; or
    (b) require the person producing the document to provide an explanation of the document.
      (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.
      (6) If a person claims a lien on a document, its production under this Part does not affect the lien.
      (7) "Specified" means specified in the notice given under subsection (1).
Powers of court where information required.     228. - (1) If a person ("the defaulter") fails to comply with a requirement imposed under section 227, the ombudsman may certify that fact in writing to the court and the court may enquire into the case.
      (2) If the court is satisfied that the defaulter failed without reasonable excuse to comply with the requirement, it may deal with the defaulter (and, in the case of a body corporate, any director or officer) as if he were in contempt.
      (3) "Court" means-
    (a) the High Court;
    (b) in Scotland, the Court of Session.
Data protection.     229. In section 31 of the Data Protection Act 1998 (regulatory activity), after subsection (4), insert-
    "(4A) Personal data processed for the purpose of discharging any function which is conferred by or under Part XVI of the Financial Services and Markets Act 2000 on the body established by the Financial Services Authority for the purposes of that Part are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function."
Industry funding.     230. - (1) For the purpose of funding-
    (a) the establishment of the ombudsman scheme (whenever any relevant expense is incurred), and
    (b) its operation in relation to the compulsory jurisdiction,

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).
      (2) "Specified" means specified in the rules.
previous section contents continue
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 31 March 2000