Financial Services and Markets Act 2000, section 225

The scheme and the scheme operator

Part XVI The Ombudsman Scheme

(1)This Part provides for a scheme under which certain disputes may be resolved quickly and with minimum formality by an independent person.

(2) The scheme is to be administered by a body corporate (“the scheme operator”).

(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”.

(4)Schedule 17 makes provision in connection with the ombudsman scheme and the scheme operator.

Definitions used in section 225

body corporate

“body corporate” includes a body corporate constituted under the law of a country or territory outside the United Kingdom;

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

Cases considering section 225 (41)

Clark & Anor v In Focus Asset Management & Tax Solutions Ltd & Anor

[2014] EWCA Civ 118 · 14 February 2014Interprets

The provision identifies the scheme’s purpose as resolving specified disputes quickly and with minimum formality. That purpose supports finality after acceptance of an award. (see paras [19]; [101]; [118]) The court noted that the statutory scheme is administered by a corporate scheme operator. (see para [19])

Giles Chapman, R (on the application of) & Anor v Financial Ombudsman Service Limited

[2025] EWHC 905 (Admin) · 15 April 2025Interprets

Defines the statutory scheme under which certain disputes may be resolved quickly and with minimal formality by an independent person. The court used that purpose when rejecting an implied sanction of deemed consent.

Linear Investments Limited, R (on the application of) v Financial Ombudsman Service Limited

[2024] EWHC 1428 (Admin) · 13 June 2024Defines

States the scheme’s objective of resolving disputes quickly and with minimum formality by an independent person. (see para [15]) Identifies the statutory power under which the FCA makes complaint-handling rules. (see para [19])

21 more judgments, and what each says about section 225, are in the case-law panel in the full Act.

Explanatory note

441.This section makes clear that the object of the scheme is to resolve disputes involving consumers quickly and with minimum formality. The operator of the scheme must be a body corporate.

All the explanatory notes for the Act