Financial Services and Markets Act 2000, Schedule 17, paragraph 16

Enforcement of money awards

SCHEDULE 17 The Ombudsman Scheme

16 A money award, including interest, which has been registered in accordance with scheme rules may—

(a) if [F3826the county courtF3826] so orders in England and Wales, be recovered [F3827under section 85 of the County Courts Act 1984F3827] (or otherwise) as if it were payable under an order of that court;

(b)M72 be enforced in Northern Ireland as a money judgment under the Judgments Enforcement (Northern Ireland) Order 1981;

(c) be enforced in Scotland by the sheriff, as if it were a judgment or order of the sheriff and whether or not the sheriff could himself have granted such judgment or order.

Read Schedule 17, paragraph 16 in the full Act → Definitions (1) Cases (9)

Definitions used in Schedule 17, paragraph 16

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

Cases considering Schedule 17, paragraph 16 (9)

Axa France Iard SA & Anor v Santander Cards UK Limited & Anor

[2026] EWCA Civ 1185 · 15 September 2026

The court held that enforcement of a Financial Ombudsman Service decision under paragraph 16 is an enforcement process, not an action establishing the liability required by the 1978 Act. (see para [122])

AXA France IARD SA v Santander Cards UK Limited

[2025] EWHC 1881 (Comm) · 25 July 2025Defines

Confirms that a customer may enforce a Financial Ombudsman Service award as if payable under a county court judgment, but such enforcement presupposes that liability has already been established by the award.

Bunney v Burns Anderson Plc & Anor

[2007] EWHC 1240 (Ch) · 25 May 2007

Describes enforcement of registered money awards. The court used the provision to distinguish ordinary enforcement from a challenge alleging that the purported determination was made without jurisdiction (see paras [14]; [51]).

What each judgment says about Schedule 17, paragraph 16 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F3826Words in Sch. 17 para. 16(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  2. F3827Words in Sch. 17 para. 16(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 134 (with s. 89) (as amended by Crime and Courts Act 2013 (c. 22), ss. 25(9)(e), 61(3); S.I. 2014/830, art. 2); S.I. 2014/768, art. 2(1)(b)

Modifications

  1. C1732Sch. 17 para. 16 applied (19.7.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/2326, arts. 1(1), 16(4)(6); S.I. 2001/3538, art. 2(1)
  2. C1733Sch. 17 para. 16 applied (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 72(5)(b)

Marginal citations

  1. M72S.I. 1981/226 (N.I.6).