Financial Services and Markets Act 2000, Schedule 17, paragraph 13

FCA's ... rules

SCHEDULE 17 The Ombudsman Scheme

13 (1) The [F3813FCAF3813] must make rules providing that a complaint is not to be entertained unless [F3814—

(a)F3814] the complainant has referred it under the ombudsman scheme before the applicable time limit (determined in accordance with the rules) has expired [F3815, 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.F3815]

(2) The rules may provide that an ombudsman may extend that time limit in specified circumstances.

(3) The [F3813FCAF3813] 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 [F3813FCAF3813] may make rules requiring an authorised person[F3816 , [F3817 an electronic money issuer within the meaning of the Electronic Money Regulations 2011F3817] or a payment service provider within the meaning of the Payment Services Regulations [F3818 2017F3818] ,F3816] who may become subject to the compulsory jurisdiction as a respondent to establish such procedures as the [F3813FCAF3813] considers appropriate for the resolution of complaints which—

(a) may be referred to the scheme; and

(b) arise out of activity to which the [F3819FCA'sF3819] powers under [F3820Part 9AF3820] do not apply.

Read Schedule 17, paragraph 13 in the full Act → Definitions (7) Cases (11)

Definitions used in Schedule 17, paragraph 13

the FCA

(2) The Financial Conduct Authority is in this Act referred to as “the FCA”.

Defined in s.1A(2) · see it in the full Act

“the FCA” means the Financial Conduct Authority;

Defined in s.417(1) · see it in the full Act
rule

“rule” means a rule made by the FCA or the PRA under this Act;

Defined in s.417(1) · see it in the full Act
the ombudsman scheme

(3) The scheme is to be operated under a name chosen by the scheme operator but is referred to in this Act as “the ombudsman scheme”.

Defined in s.225(3) · see it in the full Act

“the ombudsman scheme” has the meaning given in section 225(3);

Defined in s.417(1) · see it in the full Act
ombudsman

“ombudsman” means a person who is a member of the panel; and

Defined in Sch.17 para.1 · see it in the full Act
Specified

(5) “Specified” means specified in an order made by the Treasury.

Defined in s.22(5) · see it in the full Act
authorised person

“authorised person” has the meaning given in section 31(2);

Defined in s.417(1) · see it in the full Act

(2) In this Act “authorised person” means a person who is authorised for the purposes of this Act.

Defined in s.31(2) · see it in the full Act
electronic money issuer

(6A) References in sections 404 and 404E to an “electronic money issuer” are references to a person mentioned in paragraph (a), (b), (c), (d), (h) or (i) of the definition of “electronic money issuer” in regulation 2(1) of the Electronic Money Regulations 2011 .

Defined in s.404F(6A) · see it in the full Act

(6A) References in sections 404 and 404E to an “electronic money issuer” are references to a person mentioned in paragraph (a), (b), (c), (d), (h) or (i) of the definition of “electronic money issuer” in regulation 2(1) of the Electronic Money Regulations 2011 .

Defined in s.404F(6A) · see it in the full Act

Cases considering Schedule 17, paragraph 13 (11)

Bamber & Anor, R (on the application of) v Financial Ombudsman Service

[2009] EWCA Civ 593 · 3 February 2009Interprets

Paragraph 13(1) was interpreted as requiring rules preventing a complaint from being entertained unless referred before the applicable time limit expired. (see para [12]) Paragraph 13(2) was interpreted as permitting rules allowing an ombudsman to extend the applicable complaint time limit. The court held that such extensions were not confined by the Limitation Act 1980. (see paras [12]; [25])

Barclays Bank UK PLC & Ors, R (on the application of) v Financial Ombudsman Service Limited

[2026] EWHC 1555 (Admin) · 24 June 2026Interprets

Requires FCA rules to impose an applicable time limit before which a complaint must be referred to the ombudsman scheme. (see para [62])

Bankole, R (on the application of) v Financial Ombudsman Service

[2012] EWHC 3555 (Admin) · 21 November 2012Limits

The court interpreted paragraph 13(1) as requiring subordinate rules to specify the applicable time limit for referring complaints to the ombudsman. It supported the conclusion that the DISP rules governed whether the complaint was in time (see paras [13], [15]). The court recognised the statutory power for the rules to permit an ombudsman to extend the time limit in specified circumstances. It considered the possible relevance of exceptional circumstances but found no unlawfulness on the facts (see paras [13], [16], [25]-[26]).

What each judgment says about Schedule 17, paragraph 13 is in the case-law panel in the full Act.

Explanatory note

857.This requires the Authority to make procedural rules for the operation of the compulsory jurisdiction of the scheme.  In respect of rules governing how authorised persons deal with complaints, it extends the Authority’s rule-making powers under Part X of the Act.

All the explanatory notes for the Act

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F3813Word in Sch. 17 para. 13 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 24(a) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
  2. F3814Words in Sch. 17 para. 13(1) inserted (7.4.2015) by The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542), reg. 1(2), Sch. 7 para. 1(3)(d)(i) (with reg. 7)
  3. F3815Sch. 17 para. 13(1)(b) and word inserted (7.4.2015) by The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542), reg. 1(2), Sch. 7 para. 1(3)(d)(ii) (with reg. 7)
  4. F3816Words in Sch. 17 para. 13(4) inserted (2.3.2009 for certain purposes, 1.5.2009 for certain further purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 126, Sch. 6 para. 1(2) (with reg. 3)
  5. F3817Words in Sch. 17 para. 13(4) inserted (9.2.2011 for certain purposes and 30.4.2011 otherwise) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xv)(b), 79, Sch. 4 para. 2(8) (with reg. 3)
  6. F3818Word in Sch. 17 para. 13(4) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 2(10) (with reg. 3)
  7. F3819Word in Sch. 17 para. 13 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 24(b) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
  8. F3820Words in Sch. 17 para. 13(4)(b) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 11 para. 24(c) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

Modifications

  1. C1719Sch. 17 para. 13 amended (19.7.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/2326, arts. 1(1), 4; S.I. 2001/3538, art. 2(1)
  2. C1720Sch. 17 para. 13 modified (31.10.2004 for certain purposes and 14.1.2005 otherwise) by The Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) Order 2004 (S.I. 2004/454), arts. 1(2), 3
  3. C1721Sch. 17 para. 13 modified (28.1.2021 for specified purposes, 30.7.2022 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2021 (S.I. 2021/90), arts. 1(2)(3), 8