Rules and guidance made by the FCA in this chapter apply to every firm which is subject to the Compulsory Jurisdiction.
FEES 5.1 Application and Purpose
FEES 5.1 Application and Purpose
Application
Whilst no rule made by the FCA in this chapter applies to VJ participants , some of the guidance may do. The application of rules made by the FOS Ltd in this chapter is set out in FEES 5.5B, FEES 5.5C , FEES 5.5D and FEES 5.5E, and described in FEES 5.1.2 AG.
A reference to firm in this chapter includes a reference to a fee-paying payment service provider, fee-paying electronic money issuer, a CBTL firm, a designated finance platform and a designated credit reference agency.
FEES 5.1.1AR does not apply to FEES 5.5B , FEES 5.5C, FEES 5.5D, FEES 5.5E or FEES 5 Annex 2R, FEES 5 Annex 3R or FEES 5 Annex 5R, unless otherwise stated in rules made by the FOS Ltd .
This chapter applies to a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R.
The rules set out in the table under FEES 5.1.2 AG are made by the FOS Ltd. All other FEES 5 rules are made by the FCA.
Table of FEES 5 rules made by the FOS Ltd
| FEES 5 rules made by the FOS Ltd | Description |
|---|---|
| FEES 5.5B | Rules relating to case fees (for financial years ending before 1 April 2026) |
| FEES 5.5C | Rules relating to case fees for complainant representatives (for financial years ending before 1 April 2026) |
| FEES 5.5D | Rules relating to case fees (for financial years beginning on or after 1 April 2026) |
| FEES 5.5E | Rules relating to case fees for complainant representatives (for financial years beginning on or after 1 April 2026) |
| FEES 5 Annex 2R | Annual Levy Payable in Relation to the Voluntary Jurisdiction |
| FEES 5 Annex 3R | Case Fees Payable |
| FEES 5 Annex 5R | Case fees payable |
Exemption
A firm will only be exempt from FEES 5.7 for any given financial year if it met the conditions inDISP 1.1.12 R on 31 March of the immediately preceding financial year.
A firm which ceases to be exempt under FEES 5.1.4 R is to be treated, for the purposes of its contribution to the general levy, as a firm to which FEES 5.8 applies.
Firms which cease to be authorised and therefore subject to the Compulsory Jurisdiction part way through the year will not receive a refund of their general levy except in exceptional circumstances.
If, after the start of the period to which the general levy relates, a person’s Part 4A permission is cancelled under Schedule 6A or the person’s Part 4A permission is varied reducing its permission under Schedule 6A, the person will not receive a refund of their general levy, except in exceptional circumstances.
Purpose
The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FCA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service.This Chapter also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.
Gibraltar-based firms
In accordance with GEN 2.3 (General saving of the Handbook for Gibraltar), provisions in FEES 5 that immediately before IP completion day applied in relation to or in connection with Gibraltar will continue to apply after IP completion day. The exceptions to this provision are the amount of annual and case fees payable that are set out in FEES 5 Annex 1R, 5 Annex 2R and 5 Annex 3R, which may change each fee year.
