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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000 s 228

s 228 Determination under the compulsory jurisdiction.

(1) This section applies only in relation to the compulsory jurisdiction .... (2) A complaint is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in all the circumstances of the case. (3) When the ombudsman has determined a complaint he must give a written statement of his determination to the respondent and to the complainant. (4) The statement must— (a) give the ombudsman’s reasons for his determination; (b) be signed by him; and (c) require the complainant to notify him ..., before a date specified in the statement, whether he accepts or rejects the determination. (5) If the complainant notifies the ombudsman that he accepts the determination, it is binding on the respondent and the complainant and final. (6) If, by the specified date, the complainant has not notified the ombudsman of his acceptance or rejection of the determination he is to be treated as having rejected it. (6A) But the complainant is not to be treated as having rejected the determination by virtue of subsection (6) if— (a) the complainant notifies the ombudsman after the specified date of the complainant's acceptance of the determination, (b) the complainant has not previously notified the ombudsman of the complainant's rejection of the determination, and (c) the ombudsman is satisfied that such conditions as may be prescribed by rules made by the scheme operator for the purposes of this section are satisfied. (7) The ombudsman must notify the respondent of the outcome. (7A) Where a determination is rejected by virtue of subsection (6), the notification under subsection (7) must contain a general description of the effect of subsection (6A). (8) A copy of the determination on which appears a certificate signed by an ombudsman is evidence (or in Scotland sufficient evidence) that the determination was made under the scheme. (9) Such a certificate purporting to be signed by an ombudsman is to be taken to have been duly signed unless the contrary is shown.

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