Financial Services and Pensions Ombudsman Act 2017


Number 22 of 2017


FINANCIAL SERVICES AND PENSIONS OMBUDSMAN ACT 2017

REVISED

Updated to 29 October 2018


This Revised Act is an administrative consolidation of the Financial Services and Pensions Ombudsman Act 2017. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Public Health (Alcohol) Act 2018 (Commencement) Order 2018 (S.I. No. 448 of 2018), made 1 November 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 2017


FINANCIAL SERVICES AND PENSIONS OMBUDSMAN ACT 2017

REVISED

Updated to 29 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not cited collectively with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Markets in Financial Instruments Act 2018 (25/2018)

Data Protection Act 2018 (7/2018)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Financial Services and Pensions Ombudsman Act 2017 [Financial Services and Pensions Ombudsman Council] Financial Services Industry Levy Regulations 2018 (S.I. No. 214 of 2018)

Financial Services and Pensions Ombudsman (Compensation) Regulations 2018 (S.I. No. 154 of 2018)

Financial Services and Pensions Ombudsman Act 2017 (Establishment Day) Order 2017 (S.I. No. 525 of 2017)

Financial Services and Pensions Ombudsman Act 2017 (Commencement) Order 2017 (S.I. No. 524 of 2017)

All statutory instruments up to and including Public Health (Alcohol) Act 2018 (Commencement) Order 2018 (S.I. No. 448 of 2018), made 1 November 2018, were considered in the preparation of this revision.


Number 22 of 2017


FINANCIAL SERVICES AND PENSIONS OMBUDSMAN ACT 2017

REVISED

Updated to 29 October 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Expenses

4. Regulations

5. Repeals and revocations

PART 2

Establishment of Office of Ombudsman and Deputy Ombudsman

6. Establishment day

7. Establishment of Office of Financial Services and Pensions Ombudsman

8. Appointment of Ombudsman and Deputy Ombudsman

9. Membership of either House of Oireachtas or European Parliament

10. Acting Ombudsman

11. Removal or resignation of Ombudsman and Deputy Ombudsman

12. Functions of Ombudsman

13. Functions of Deputy Ombudsman

14. Salary and superannuation

15. Staff of Ombudsman

16. Consultants and advisers

17. Confidential information

18. Exchange of information and co-operation

19. Annual estimate of income and expenditure

20. Accounts and audit

21. Accounting records

22. Accountability of Ombudsman to Public Accounts Committee

23. Accountability of Ombudsman to other Oireachtas Committees

24. Annual report of Ombudsman

25. Publication of certain other reports

26. Strategic plan

PART 3

Dissolutions and Transfers of Functions to Financial Services and Pensions Ombudsman

Chapter 1

Dissolution and transfer of functions

27. Dissolution of bodies

28. Transfer of functions

29. References in enactments

30. Transfer of land and other property

31. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved bodies

32. Liability for loss occurring before establishment day

33. Provisions consequent upon conferral of functions or transfer of assets and liabilities

34. Records of dissolved bodies

Chapter 2

Transfer of staff and superannuation

35. Transfer of staff to office of Ombudsman

Chapter 3

Accounts and audits

36. Final accounts and final annual report of dissolved bodies

PART 4

Financial Services and Pensions Ombudsman Council

37. Establishment of Council

38. Chairperson and members of Financial Services Ombudsman Council

39. Financial Services Ombudsman Council

40. Functions of Council

41. Accountability of chairperson of Council to Oireachtas Committees

42. Annual report of Council

43. Financial services industry levy

PART 5

Complaints to the Ombudsman

44. Making of complaints

45. Death or disability of complainant

46. Continuation of investigation on death of complainant

47. Powers of Ombudsman in relation to investigation of complaint

48. Investigation by Ombudsman of complaints made before establishment day

49. Staying of court proceedings

PART 6

Complaints Procedure

50. Jurisdiction of Ombudsman

51. Time limits for complaints to Ombudsman

52. Declining to investigate

53. Complaints declined where section 52 applies

54. Use of internal dispute resolution procedures

55. Requirement for internal dispute resolution procedures

56. Conduct of investigation

57. Complaints for investigation by Ombudsman

58. Mediation

59. Obstruction of work of Ombudsman

60. Complaints and redress: financial service providers

61. Complaints and redress: pension providers

62. Decisions of Ombudsman

PART 7

Appeals and Applications to Court

63. Definitions (Part 7)

64. Appeals

65. Enforcement of Ombudsman decision

66. Questions of law to High Court

67. Appeal of Ombudsman decision

68. Application to Circuit Court

69. Application to District Court

70. Conviction

71. Enforcement proceedings

72. Power of court to grant injunctions in certain cases

PART 8

Other Transitional Provisions

73. Saving of regulations made by former Council

74. Financial Services Ombudsman’s Bureau

PART 9

Consequential Amendments

75. Amendment of Central Bank Act 1942

76. Amendment of Freedom of Information Act 2014

PART 10

Miscellaneous

77. Reciprocal arrangements with EEA countries

SCHEDULE 1

Repeals and Revocations

PART 1

Acts of the Oireachtas

PART 2

Statutory Instruments

SCHEDULE 2

Financial Services and Pensions Ombudsman Council


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Central Bank Act 1942 (No. 22)

Central Bank Act 1997 (No. 8)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Consumer Credit Act 1995 (No. 24)

Courts Act 1981 (No. 11)

Currency Act 1927 (No. 32)

Data Protection Acts 1988 and 2003

European Parliament Elections Act 1997 (No. 2)

Finance Act 1921

Finance Act 1958 (No. 25)

Freedom of Information Act 2014 (No. 30)

Income Tax Act 1967 (No. 6)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Paternity Leave and Benefit Act 2016 (No. 11)

Pawnbrokers Act 1964 (No. 31)

Pensions Act 1990 (No. 25)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Redundancy Payments Acts 1967 to 2014

Registration of Business Names Act 1963 (No. 30)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (No. 20)

Social Welfare Law Reform and Pensions Act 2006 (No. 5)

Statutory Instruments Act 1947 (No. 44)

Taxes Consolidation Act 1997 (No. 39)

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015


Number 22 of 2017


FINANCIAL SERVICES AND PENSIONS OMBUDSMAN ACT 2017

REVISED

Updated to 29 October 2018


An Act to provide for the establishment of the Office of the Financial Services and Pensions Ombudsman and to confer functions on it; to provide for the appointment of persons to be the Ombudsman and Deputy Ombudsman; to provide for a complaints procedure; to provide for appeals in relation to decisions of the Ombudsman; to provide for the dissolution of the Financial Services Ombudsman Council, the Financial Services Ombudsman’s Bureau and the office of the Pensions Ombudsman; to provide for the establishment of the Financial Services and Pensions Ombudsman Council; to repeal certain provisions of the Central Bank Act 1942 and the Pensions Act 1990 and to amend the Freedom of Information Act 2014; and to provide for related matters.

[26 th July, 2017]

Be it enacted by the Oireachtas as follows: