Financial Services and Pensions Ombudsman Act 2017

(3) The requirements referred to in subsection (2)(a) are that—

(a) the long-term financial service concerned has not expired or otherwise been terminated more than 6 years before the date of the complaint, and the conduct complained of occurred during or after 2002, or

(b) the Ombudsman has allowed a longer period under subsection (2)(iii).

(4) The requirements referred to in subsection (2)(b) are that—

(a) where the conduct occurred prior to the establishment day, that conduct occurred within the period between 13 April 1996 and the establishment day, or

(b) the Ombudsman has allowed a longer period under subsection (2)(iii).

(5) For the purposes of subsections (1) and (2)—

(a) conduct that is of a continuing nature is taken to have occurred at the time when it stopped and conduct that consists of a series of acts or omissions is taken to have occurred when the last of those acts or omissions occurred, and

(b) conduct that consists of a single act or omission is taken to have occurred on the date of that act or omission.

(6) The time limits specified in this section shall, on and after the establishment day, apply to the following:

(a) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman which had not been assessed as to its suitability for consideration by the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be;

(b) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day that was refused as being outside the applicable time limits in the Act of 1942 or the Act of 1990 respectively and that has been resubmitted to the Ombudsman on or after the establishment day.

52. Declining to investigate

52. (1) The Ombudsman may decline to investigate, or discontinue an investigation of, a complaint where, in the opinion of the Ombudsman—

(a) the complaint is frivolous or vexatious or was not made in good faith,

(b) the subject matter of the complaint is trivial,

(c) the conduct complained of occurred at too remote a time to justify investigation,

(d) there is or was available to the complainant an alternative and satisfactory means of redress in relation to the conduct complained of,

(e) the complainant has no interest or an insufficient interest in the conduct complained of, or

(f) the subject matter of the complaint is of such a degree of complexity that the courts are a more appropriate forum.

(2) The Ombudsman may make preliminary inquiries for the purposes of deciding whether a complaint should be investigated under this Part and may request the complainant to provide further written particulars of the complaint within such reasonable period specified by the Ombudsman.

(3) The Ombudsman may decide not to continue to investigate a complaint where the complainant fails within a reasonable period to comply with a request for further written particulars.

(4) The Ombudsman shall determine a complaint under section 44 to be inadmissible where it was made after the expiry of the time limits specified in section 51.

(5) As soon as practicable after deciding not to investigate a complaint, or to discontinue an investigation of a complaint, the Ombudsman shall inform the complainant in writing of the decision and the reasons for it.

53. Complaints declined where section 52 applies

53.The Ombudsman may, where section 52 applies,decline to investigate, or discontinue an investigation of, a complaintreceived—

(a) by the Ombudsman on or after the establishment day,

(b) by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day where a decision of the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be, has not been made.

54. Use of internal dispute resolution procedures

54. (1) The Ombudsman may decide not to investigate or make a decision on a complaint where—

(a) the complainant has not engaged with the financial service provider or the pension provider concerned, and

(b) that financial service provider or pension provider has not been given a reasonable opportunity to deal with the complaint, as the case may be, through the internal dispute resolution procedures of the provider concerned.

(2) The time limit specified in section 51 is suspended for the period during which a complaint is being considered under the appropriate internal dispute resolution procedure.

(3) Notwithstanding subsection (1) the Ombudsman may consider a complaint against a financial service provider or a pension provider before the internal dispute resolution process is completed where—

(a) the financial service provider or the pension provider concerned has failed to complete the internal dispute resolution process referred to in subsection (1) so as to allow the complainant to make a complaint to the Ombudsman within the time limit specified in section 51, or

(b) the Ombudsman determines a complaint is of such importance as to warrant waiving the internal dispute resolution procedure.

(4) The Ombudsman may waive the internal dispute resolution procedures referred to in subsection (2), in respect of the following:

(a) any complaint received by the Ombudsman on or after the establishment day;

(b) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day which had not been assessed as to its suitability for consideration by the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be;

(c) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day that was refused as being outside the applicable time limits in the Act of 1942 or the Act of 1990 respectively that has, subject to the time limits in section 51, been resubmitted on or after the establishment day.

(5) The Ombudsman shall publicise on his or her website, and make available to financial service providers and pension providers, information in respect of his or her discretion to waive the internal dispute resolution procedures referred to in subsection (4).

55. Requirement for internal dispute resolution procedures

55. (1) The Minister may by regulation require F25[financial service providers, or certain classes of financial service providers, and pension providers, or certain classes of pension providers,] to establish procedures for dealing with complaints.

(2) Regulations under this section may—

(a) require procedures referred to in subsection (1) to comprise specified steps, including, as the Minister considers appropriate—

(i) the making of an application for a determination to be made in relation to the complaint,

(ii) the conducting of a hearing in relation to the matter concerned, and

(iii) the making of a determination in relation to the matter,

(b) require one or more of the internal dispute resolution steps to be taken or completed within a specified period,

(c) require the provision of information in relation to the existence of those procedures and how they may be availed of,

(d) prescribe such other requirements as the Minister considers necessary or expedient for the purpose of enabling complaints referred to in this subsection to be dealt with or resolved,

(e) require F25[financial service providers, or certain classes of financial service providers, and pension providers, or certain classes of pension providers,] to publish their internal dispute resolution procedures, and

(f) as respects schemes, specify different requirements by reference to the class of scheme concerned (being a class defined in the regulations by reference to the number of members of the scheme or such other matters as the Minister considers appropriate).

56. Conduct of investigation

56. (1) The conduct of investigations under this Part shall be undertaken as the Ombudsman considers appropriate in all the circumstances of the case and in a manner that is appropriate and proportionate to the nature of the complaint.

(2) The Ombudsman shall advise the parties to the complaint in writing of the conduct of investigation to be undertaken under subsection (1).

(3) Where the Ombudsman proposes to conduct an investigation into a complaint made under this Part, he or she shall provide the parties, and any other person who, in the opinion of the Ombudsman, might be adversely affected by any decision he or she may make in relation to the complaint, an opportunity to—

(a) make submissions with respect to the conduct the subject of the complaint, and

(b) comment on any allegations contained in the complaint or reference.

(4) F26[Subject tosubsection (4A), the Ombudsman shall], without prejudice to the form of investigation, ensure investigations are conducted otherwise than in public.

F27[(4A) Where an investigation into a complaint made under this Part includes an oral hearing, the Ombudsman shall, on his or her own motion or upon the application by or on behalf of a party to the complaint, having consulted with the parties to the complaint and having considered the nature or circumstances of the complaint and whether it is in the interests of justice to do so, decide whether the oral hearing shall be conducted in public.]

(5) The Ombudsman may, in the course of investigating a complaint, periodically report to the complainant on the progress of the investigation and, in so doing, may make such comments to the complainant on the investigation and its consequences and implications as the Ombudsman thinks fit.

(6) The Ombudsman may, in the course of investigating a complaint, issue a preliminary decision to the relevant parties to the complaint, indicating the potential decision to be taken by the Ombudsman and any evidence or facts considered to arrive at that preliminary decision.

(7) Where the Ombudsman considers, during an investigation or following the completion of an investigation, that there is—

(a) a persistent pattern of complaints (whether he or she finds that such complaints are upheld or not),

(b) a persistent pattern of facts or evidence arising from the complaints, or

(c) any other matter that would be of concern to the Bank or the Pensions Authority,

the Ombudsman shall inform the Bank or the Pensions Authority, as the case may be.

57. Complaints for investigation by Ombudsman

57. Investigations by the Ombudsman in respect of the following complaints shall be conducted in accordance with this Act:

(a) any complaint received by the Ombudsman on or after the establishment day;

(b) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day where a decision of the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be, or a decision of the Ombudsman has not been made.

58. Mediation

58. (1) The Ombudsman shall, as part of an investigation, try, as far as possible, to resolve a complaint by mediation.

(2) The Ombudsman shall engage with complainants and providers to ensure that the objective of mediation is understood to promote engagement in the mediation process.

(3) Participation in mediation by the parties to a complaint is voluntary, and a party may withdraw at any time.

F28[(3A) The Ombudsman shall conduct a mediation under this section in private.]

(4) The Ombudsman may, on reasonable grounds, abandon an attempt to resolve a complaint by mediation as he or she considers appropriate.

(5) Evidence of anything said or admitted during a mediation, or an attempted mediation, of a complaint, and any document prepared for the purposes of the mediation, are not admissible—

(a) in any subsequent investigation, under this Part, of the complaint (unless the person who made the admission, or to whom the document relates, consents to its admission), or

(b) in any proceedings before a court or a tribunal in the State.

(6) Where an attempt to resolve a complaint by mediation is unsuccessful, the Ombudsman shall—

(a) deal with the complaint in accordance with section 56, and

(b) notify the parties in writing accordingly.

59. Obstruction of work of Ombudsman

59. (1) A person who—

(a) obstructs or hinders the Ombudsman in the performance of the functions conferred by this Act,

(b) does anything which would, if the Ombudsman were a court having power to commit for contempt of court, be contempt of such court,

(c) without reasonable excuse, fails to comply with a requirement or request made by the Ombudsman under this Act,

(d) in purported compliance with a requirement or request referred to in paragraph (c), gives information that the person knows to be false or F29[misleading,]

F29[(e) refuses to comply with a summons to attend before, or to be examined and cross-examined on oath or affirmation by, the Ombudsman, or]

F30[(f) gives evidence on oath or affirmation that is false and that he or she knows to be false,]

commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months, or both.

(2) The Ombudsman may apply to the Circuit Court for an order against a person where it appears to the Ombudsman that the person—

(a) has failed to comply with a requirement made to the person by the Ombudsman under section 47,

(b) has failed to comply with a summons under section 47(3)(b) to appear before the Ombudsman for examination,

(c) having complied with a summons referred to in paragraph (b), has refused to be examined, or

(d) has otherwise obstructed the Ombudsman in the exercise of a power conferred by this Part.

(3) Where, on hearing an application seeking an order under subsection (2) against a person, the Circuit Court is satisfied that the person concerned has failed or refused to do the act in question, the Circuit Court may make an order requiring the person to do that act.

(4) The Circuit Court may not hear an application for an order under subsection (2) unless—

(a) the person against whom the order is sought appears at the hearing, or

(b) the court is satisfied that that person has been served with a copy of the application.

(5) On the hearing of an application for an order under subsection (2) against a person, the Circuit Court shall set aside a requirement made to the person—

(a) to provide information,

(b) to appear before and be examined by the Ombudsman,

(c) to produce a document or other thing, or

(d) to provide a copy of a document,

if it is of the opinion that the person is entitled to claim legal professional privilege with respect to the provision of the information, the production of the document or thing or the provision of the copy.

60. Complaints and redress: financial service providers

60. (1) On completing an investigation of a complaint relating to a financial service provider that has not been settled or withdrawn, the Ombudsman shall make a decision in writing that the complaint—

(a) is upheld,

(b) is substantially upheld,

(c) is partially upheld, or

(d) is rejected.

(2) A complaint may be found to be upheld, substantially upheld or partially upheld only on one or more of the following grounds:

(a) the conduct complained of was contrary to law;

(b) the conduct complained of was unreasonable, unjust, oppressive or improperly discriminatory in its application to the complainant;

(c) although the conduct complained of was in accordance with a law or an established practice or regulatory standard, the law, practice or standard is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its application to the complainant;

(d) the conduct complained of was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;

(e) the conduct complained of was based wholly or partly on a mistake of law or fact;

(f) an explanation for the conduct complained of was not given when it should have been given;

(g) the conduct complained of was otherwise improper.

(3) A decision of the Ombudsman under this section shall be communicated to the parties by the Ombudsman and such decision shall include the following:

(a) the decision under subsection (1);

(b) the grounds for the decision under subsection (2);

(c) any direction given under subsection (4).

(4) Where a complaint is found to be upheld, substantially upheld or partially upheld, the Ombudsman may direct the financial service provider to do one or more of the following:

(a) review, rectify, mitigate or change the conduct complained of or its consequences;

(b) provide reasons or explanations for that conduct;

(c) change a practice relating to that conduct;

(d) pay an amount of compensation to the complainant for any loss, expense or inconvenience sustained by the complainant as a result of the conduct complained of;

(e) take any other lawful action that the Ombudsman considers appropriate having had regard to all the circumstances of the complaint.

F31[(4A) (a) Inparagraph (b)andsubsections (4B)and(4C)“Act of 2019” means the Consumer Insurance Contracts Act 2019.

(b)Subsection (4B)is without prejudice to the generality ofsubsection (2)as it operates to enable the Ombudsman to make decisions by reference to, amongst other things, the enactments concerning the financial service concerned, including, as the case may be, the Act of 2019.

(4B) The provisions of section 26 of the Act of 2019 apply in relation to the power of the Ombudsman undersubsection (4)(d)to direct the payment of compensation in a complaint involving a contract of insurance as they apply in relation to the power of a court of competent jurisdiction to make an award of damages in a claim under a contract of insurance.

(4C) The power under section 26 of the Act of 2019 shall not be exercised by the Ombudsman to an extent that such exercise would have the result that the total sum of compensation payable in respect of the complaint concerned exceeds the amount which, by way of compensation, the Ombudsman has jurisdiction to direct the payment of under this Act.]

(5) Other than where a greater amount of compensation is prescribed by regulations made under section 4, the Ombudsman may not direct the payment of an amount of compensation exceeding—

(a) €26,000 per annum, where the subject of a complaint is an annuity, or

(b) €250,000 in respect of all other complaints.

(6) A direction under subsection (4) which requires a financial service provider to pay an amount of compensation may provide for interest to be paid at the rate referred to in section 22 of the Courts Act 1981 where the amount is not paid by a date specified in the direction.

(7) The Ombudsman shall give a copy of a decision under this section to—

(a) the complainant, and

(b) the financial service provider to which the complaint relates.

(8) Where a decision under this section contains a direction under subsection (4), the financial service provider concerned—

(a) shall comply with the direction within such period as is specified in the direction, or within such extended period as the Ombudsman allows, and

(b) shall, not later than 14 days after the end of that period or extended period referred to in paragraph (a), notify in writing the Ombudsman of action taken or proposed to be taken in consequence of the direction.

61. Complaints and redress: pension providers

61. (1) On completing an investigation of a complaint relating to a pension provider that has not been settled or withdrawn, the Ombudsman shall make a decision in writing in relation to the complaint.

(2) A decision under subsection (1) may contain such direction to the parties concerned as the Ombudsman considers necessary or expedient for the satisfaction of the complaint or the resolution of the complaint.

(3) Where the Ombudsman makes a direction under subsection (2) concerning a pension provider, such a direction shall not require either—

(a) an amendment of the rules of a scheme or the conditions of a scheme, or

(b) the substitution of the decision of the Ombudsman for that of the pension provider in relation to the exercise by the pension provider of a discretionary power under the rules of the scheme.

(4) Subject to subsection (5), the Ombudsman may order such redress, including financial redress, for the complainant as he or she considers appropriate.

(5) Any financial redress under subsection (4) shall be of such amount as the Ombudsman deems just and equitable having regard to all the circumstances and to this Part but shall not exceed any actual loss of benefit under the scheme concerned.

(6) A decision under subsection (1) shall be communicated to the parties by the Ombudsman and such decision shall include the following:

(a) the decision;

(b) the grounds for the decision;

(c) any direction given under subsection (2).

62. Decisions of Ombudsman

62. (1) Subject to the outcome of any appeal under Part 7 against a decision of the Ombudsman under F32[section 60or61] in respect of a complaint, the decision is binding on any party to the complaint.

F32[(2) Subject tosubsection (2A), the Ombudsman—

(a) shall publish—

(i) decisions made by him or her after the establishment day in relation to complaints concerning financial service providers, and

(ii) case studies in relation to complaints concerning pension providers,

and

(b) may, if he or she considers it appropriate to do so in any particular case, publish, in such form as he or she thinks fit, a report in relation to any investigation under this Part and the result of that investigation,

in such a manner that—

(I) ensures that—

(A) a complainant shall not be identified by name, address or otherwise, and

(B) a financial service provider or a pension provider, as the case may be, shall not be identified by name or address,

and

(II) ensures compliance with the Data Protection Regulation and theData Protection Act 2018.]

F33[(2A) Where the Ombudsman has, as part of an investigation into a complaint, conducted an oral hearing in public undersection 56(4A), the Ombudsman may identify the complainant and either the financial service provider or the pension provider concerned when publishing decisions, case studies or reports, as the case may be, undersubsection (2).]

(3) F34[…]

(4) For the purposes of the law of defamation, the publication by the Ombudsman of F32[any decision, case study or report, as the case may be, undersubsection (2)] shall be absolutely privileged, and immune from legal proceedings.

F35[(5) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^53on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

PART 7 Appeals and Applications to Court

63. Definitions (Part 7)

63. In this Part—

“decision” means a decision of the Ombudsman under section 60 or 61; and

“direction” means a direction included in a decision.

64. Appeals

64. (1) A party to a complaint before the Ombudsman may appeal to the High Court against a decision or direction of the Ombudsman.

(2) An appeal under this section shall be made—

(a) not later than 35 days after the date of notification of the decision of the Ombudsman, or

(b) within such further period, as the court considers just and equitable in all the circumstances.

(3) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:

(a) an order affirming the decision or direction of the Ombudsman, subject to such modifications as it considers appropriate;

(b) an order setting aside that decision or any direction included in it;

(c) an order remitting that decision or any such direction to the Ombudsman for review with its opinion on the matter;

(d) such other order in relation to the matter as it considers just in all the circumstances;

(e) such order as to costs as it thinks fit;

(f) an order amending the decision or direction of the Ombudsman, as the case may be.

(4) The Ombudsman may be made a party to an appeal under this section.

(5) Where the High Court makes an order remitting to the Ombudsman a decision or direction of the Ombudsman for review, the Ombudsman shall review the decision or direction in accordance with any directions of the court.

(6) The decision of the High Court on the hearing of such an appeal is final, other than that a party to the appeal may apply to the Court of Appeal to review the decision on a question of law (but only with the leave of either of those courts, as appropriate).

(7) A decision or direction of the Ombudsman does not take effect, and may not be implemented, while an appeal under subsection (1) or an application under subsection (6) is pending in relation to the decision or direction.

65. Enforcement of Ombudsman decision

65. (1) Where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision, the Circuit Court shall, on application to it on that behalf by—

(a) the Ombudsman, as he or she sees fit, or

(b) the complainant in whose favour the decision was made,

make an order.

(2) In subsection (1), the reference to a decision is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(3) The Circuit Court may not hear an application for an order under this section other than where—

(a) the financial service provider or the pension provider concerned appears at the hearing as respondent to the application, or

(b) the financial service provider or the pension provider concerned does not appear at the hearing, the court is satisfied that a copy of the application has been served on that financial service provider or pension provider.

(4) The Circuit Court may not hear an application for an order under this section where the person that is the financial service provider or the pension provider, as the case may be, has appealed against the decision or direction and—

(a) the decision or direction has not been affirmed (with or without modification), or

(b) that provider concerned has not withdrawn the appeal.

(5) On hearing an application for an order under this section, the Circuit Court shall, if satisfied that the direction was one that the Ombudsman was empowered to make, make an order requiring the financial service provider or the pension provider concerned to comply with the direction within a period, or by a date, specified in the order.

(6) Notwithstanding subsection (1), where, in considering an application under that subsection, the Circuit Court is satisfied that, owing to lapse of time, it would not be possible to comply with an order under that subsection, the court shall make an order providing for such redress as it considers appropriate having regard to this Part and all the circumstances.

(7) In an order under this section providing for the payment of financial redress by any person, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the person that is the financial service provider or the pension provider concerned to pay to the complainant concerned interest on the payment at the rate referred to in section 22 of the Courts Act 1981 in respect of the whole or any part of the period beginning 4 weeks after the date on which the decision or direction concerned is communicated to the parties and ending on the date of the order.

(8) An application to the Circuit Court under this section shall be made to the judge of the Circuit Court for the circuit—

(a) in which the relevant complainant ordinarily resides, or

(b) the financial service provider or the pension provider, as the case may be, has its principal place of business in the State.

24. Questions of law to High Court

66. (1) When dealing with a complaint, the Ombudsman may, on his or her own initiative or at the request of the complainant or the person that is the financial service provider or the pension provider concerned, refer for the opinion of the High Court a question of law arising in relation to the investigation or adjudication of the complaint.

(2) The High Court has jurisdiction to hear and determine any question of law referred to it under this section.

(3) Where a question of law in connection with the complaint concerned has been referred to the High Court under this section, the Ombudsman may not—

(a) make a decision to which the question is relevant while the reference is pending, or

(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the High Court on the question.

67. Appeal of Ombudsman decision

67. Any appeal to the High Court of a decision taken by the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be, that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

68. Application to Circuit Court

68. Any application to the Circuit Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

69. Application to District Court

69. Any application to the District Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

70. Conviction

70. Any appeal against a conviction that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

71. Enforcement proceedings

71. Any application for an enforcement order under section 141 of the Act of 1990 that, immediately before the establishment day, named the office of the Pensions Ombudsman, shall, on and from that day, be read as an application by the Office.

72. Power of court to grant injunctions in certain cases

72. (1) The High Court may, on an application made by the Ombudsman, grant an injunction restraining the conduct of a financial service provider or a pension provider which is engaging, or in which a financial service provider or a pension provider appears likely to engage, where the conduct is conduct that is being investigated or is proposed to be investigated or in relation to which a complaint has been received by the Ombudsman.

(2) In the case of a financial service provider, the High Court may not grant an application under subsection (1) unless of the opinion that the conduct sought to be restrained is likely to prejudice or negate the effect or implementation of a decision that the Ombudsman may make if the Ombudsman were to find the complaint to which the conduct relates is upheld, substantially upheld or partially upheld.

(3) The High Court may not require the Ombudsman to give any undertaking as to damages as a condition for the granting of an injunction in consequence of an application referred to in subsection (1).

PART 8 Other Transitional Provisions

73. Saving of regulations made by former Council

73. (1) Any regulations (whether or not a statutory instrument to which the Statutory Instruments Act 1947 primarily applies) made or issued by or on behalf of the Financial Services Ombudsman Council, made and in force immediately before the establishment day have, on and after that day, the same force and effect as they had prior to that day.

(2) An instrument referred to in subsection (1) may be revoked or amended by the Minister as if made by the Minister.

74. Financial Services Ombudsman’s Bureau

74. Any function that, immediately before the establishment day, was vested in the Financial Services Ombudsman’s Bureau shall on and from the establishment day be transferred to the Office.

PART 9 Consequential Amendments

75. Amendment of Central Bank Act 1942

75. The Act of 1942 is amended—

(a) in section 2—

(i) by deleting the definitions of “Financial Services Ombudsman” and “Deputy Financial Services Ombudsman”,

(ii) by inserting after the definition of “Currency Act 1927 ” the following:

“ ‘Deputy Financial Services and Pensions Ombudsman’ means a person appointed under section 8(1)(b) ofthe Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”,

(iii) by inserting after the definition of “financial futures and options exchange” the following:

“‘Financial Services and Pensions Ombudsman’ means a person appointed under section 8(1)(a) ofthe Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”,

and

(iv) in the definition of “regulated financial service provider”—

(I) in paragraph (bb), by substituting “enactment;” for “enactment, or”, and

(II) by deleting paragraph (c),

(b) in section 33AK(5)(ak), by substituting “Financial Services and Pensions Ombudsman” for “Financial Services Ombudsman”,

(c) in section 61E(1) by substituting for paragraphs (ga) and (gb) the following:

“(gc) the Financial Services and Pensions Ombudsman,”,

and

(d) in section 61H(4) by substituting for paragraph (b) the following:

“(b) the Financial Services and Pensions Ombudsman,”.

76. Amendment of Freedom of Information Act 2014

76. Part 1 of Schedule 1 to the Freedom of Information Act 2014 is amended on the establishment day—

(a) by deleting paragraphs (ab) and (ae),

(b) by substituting “functions,” for “functions.” in paragraph (ai), and

(c) by inserting after paragraph (ai) the following:

“(aj) the Financial Services and Pensions Ombudsman, insofar as it relates to records concerning the mediation, investigation or adjudication of a complaint carried out by the Financial Services and Pensions Ombudsman under the Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”.

PART 10 Miscellaneous

77. Reciprocal arrangements with EEA countries

77. (1) In this section—

“complaint” includes a complaint within the meaning of the EEA Memorandum of Understanding; and

“EEA Memorandum of Understanding” means the “Memorandum of Understanding on a Cross-border Out-of-Court Complaints Network for Financial Services” or, if the memorandum is amended or is replaced by another memorandum, means the memorandum as so amended or that other memorandum.

(2) References to the Financial Services Ombudsman in the EEA Memorandum of Understanding in respect of its subscription shall, with the approval of the Council, be read as references to the Ombudsman.

(3) The Ombudsman may refer a complaint, concerning a financial service provider, made to him or her to another EEA dispute settlement body in accordance with the terms of the EEA Memorandum of Understanding.

(4) The Ombudsman may mediate, investigate and adjudicate on any complaint, concerning a financial service provider, referred to him or her by another EEA dispute settlement body in accordance with the terms of the EEA Memorandum of Understanding.