Sch 17 para 13
(1) The FCA must make rules providing that a complaint is not to be entertained unless — (a) the complainant has referred it under the ombudsman scheme before the applicable time limit (determined in accordance with the rules) has expired , or (b) in the case of a complaint other than a relevant complaint within the meaning of section 404B, the respondent agrees that the complaint should be entertained despite the complainant having referred it under the ombudsman scheme after the applicable time limit has expired. (2) The rules may provide that an ombudsman may extend that time limit in specified circumstances. (3) The FCA may make rules providing that a complaint is not to be entertained (except in specified circumstances) if the complainant has not previously communicated its substance to the respondent and given him a reasonable opportunity to deal with it. (4) The FCA may make rules requiring an authorised person , an electronic money issuer within the meaning of the Electronic Money Regulations 2011 or a payment service provider within the meaning of the Payment Services Regulations 2017 , who may become subject to the compulsory jurisdiction as a respondent to establish such procedures as the FCA considers appropriate for the resolution of complaints which— (a) may be referred to the scheme; and (b) arise out of activity to which the FCA's powers under Part 9A do not apply.