DISP 1.1 Purpose and application

1. (-1)

    This chapter applies to a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R.

2. (1)

    Subject to DISP 1.1.5 R, this chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative:

   1. (a)

       in the United Kingdom; or

   2. (b)

       in an EEA State, in the case of a TP firm with respect to services provided into the United Kingdom.

3. (1A)

    This chapter also applies to a firm in respect of complaints from eligible complainants concerning activities which are, or which are ancillary to, regulated claims management activities.

4. (2)

    For the MiFID complaints   of a MiFID investment firm:

   1. (a)

       DISP 1.1A applies; and

   2. (b)

       the other provisions of this chapter apply only as set out in DISP 1.1A.

   3. (c)

       [deleted]

5. (2A)

    For the MiFID complaints of a third country investment firm received from retail clients or elective professional clients:

   1. (a)

       DISP 1.1A applies; and

   2. (b)

       the other provisions of this chapter apply only as set out in DISP 1.1A.

6. (3)

    [deleted]

7. (4)

    [deleted]

8. (5) The following provisions apply to a Gibraltar-based firm as they would have applied had they been made (as amended) before IP completion day:
   1. (a) DISP 1.4.4AG; and

   2. (b) DISP 1.6.1R.

       

Where a firm has outsourced activities to a third party processor, DISP 1.1.3 R does not apply to the third party processor when acting as such, but applies to the firm which is taking responsibility for the acts and omissions of the third party processor in respect of the outsourced activities.

This chapter does not apply to:

1. (1)

   [deleted]

2. (2)

   [deleted]

3. (3)

   an authorised professional firm in respect of expressions of dissatisfaction about its non-mainstream regulated activities;

4. (3A)

   a firm in respect of complaints concerning activities which:

   1. (a)

      are not carried on in Great Britain but which would be regulated claims management activities if they were carried on in Great Britain; or

   2. (b)

      are ancillary to activities described in (a);

5. (4)

   complaints in respect of auction regulation bidding;

6. (5)

   a full-scope UK AIFM or a small authorised UK AIFM, for complaints concerning AIFM management functions carried on for an AIF that is a body corporate unless it is a collective investment scheme;

7. (6)

   a depositary, for complaints concerning activities carried on for an AIF that is:

   1. (a)

      a body corporate unless it is a collective investment scheme; or

   2. (b)

      another type of AIF unless it is:

      1. (i)

         an authorised AIF; or

      2. (ii)

         [deleted]

      3. (iii)

         a charity AIF; and

8. (7)

   complaints in respect of administering a benchmark.

DISP 1.6.2A, DISP 1.6.2B (rules relating to EMD complaints and PSD complaints), the complaints reporting rules, the complaints reporting directions and the complaints data publication rules do not apply to a credit union.

This chapter applies to the Society, members of the Society and managing agents, subject to the Lloyd's complaint rules.

In relation to a firm's obligations under this chapter, references to a complaint also include an expression of dissatisfaction which is capable of becoming a:

1. (1)

   relevant new complaint;

2. (2)

   relevant transitional complaint;

3. (3)

   relevant new credit-related complaint;

4. (4)

   relevant new claims management complaint; or

5. (5)

   relevant transitional funeral plan complaint.

Where insurance distribution activities are carried on from an establishment maintained by it or its appointed representative in the United Kingdom (or in an EEA State, in the case of a TP firm with respect to services provided into the United Kingdom), a firm must have in place and operate appropriate and effective procedures for registering and responding to complaints from a person who is not an eligible complainant.

[Note: article 14 of the IDD]

This chapter (except the complaints reporting rules and the complaints data publication rules) applies to payment service providers that are not firms in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that payment service provider or its agent in the United Kingdom (or in an EEA State, in the case of a TA PI firm or a TA RAISP firm with respect to services provided into the United Kingdom).

This chapter (except the complaints reporting rules, and the complaints data publication rules) applies to an electronic money issuer that is not a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that electronic money issuer or its agent in the United Kingdom (or in an EEA State, in the case of a TA EMI firm with respect to services provided into the United Kingdom).

For complaints related to collective portfolio management services of a UK UCITS management company for a UCITS scheme or a scheme which, immediately before IP completion day, was an EEA UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:

1. (1)

   the consumer awareness rules, complaints handling rules and complaints record rule apply in respect of complaints from Unitholders rather than from eligible complainants; and

2. (2)

   [deleted]

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to CBTL firms in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained in the United Kingdom.

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to a designated credit reference agency in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

This chapter (except the complaints record rule, the complaints reporting rules, and the complaints data publication rules) applies to a designated finance platform in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

In relation to a relevant motor finance DCA complaint or a motor finance non-DCA complaint:

1. (1)

   DISP 1.6; and

2. (2)

   DISP 1.9,

apply as modified by DISP App 5.

Where the subject matter of a complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000, the complaints resolution rules, the complaints time limit rules, the complaints record rule, the complaints reporting rules and the complaints data publication rules will apply only if the complaint is about the outcome of the review.

Where the subject matter of a complaint falls to be dealt with (or has properly been dealt with) under a consumer redress scheme, the complaints resolution rules, the complaints time limits rules, the complaints record rule and the complaints reporting rules do not apply.

1. (1)

   A firm, payment service provider, electronic money issuer, designated credit reference agency or designated finance platform falling within the Compulsory Jurisdiction which does not conduct business with eligible complainants and has no reasonable likelihood of doing so, can, by written notification to the FCA, claim exemption from the rules relating to the funding of the Financial Ombudsman Service, and from the remainder of this chapter.

2. (2)

   Notwithstanding (1):

   1. (a)

      DISP 1.1A will continue to apply to MiFID complaints; and

   2. (b)

      the consumer awareness rules, the complaints handling rules and the complaints record rule will continue to apply in respect of complaints concerning the provision of collective portfolio management services.

3. (3)

   The exemption takes effect from the date on which the written notice is received by the FCA and will cease to apply when the conditions relating to the exemption no longer apply.

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to VJ participants for complaints from eligible complainants as part of the standard terms.