Financial Services and Pensions Ombudsman Act 2017
Number 22 of 2017
FINANCIAL SERVICES AND PENSIONS OMBUDSMAN ACT 2017
REVISED
Updated to 29 March 2024
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 the Road Traffic Act 2010 (10/2024), enacted 17 April 2024, and all statutory instruments up to and including the Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions - Reporting of National Energy Statistics and Electricity and Natural Gas Prices) Regulations 2024 (S.I. No. 151 of 2024), made 28 March 2024, 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 March 2024
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Establishment of Office of Ombudsman and Deputy Ombudsman
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
11. Removal or resignation of Ombudsman and Deputy Ombudsman
13. Functions of Deputy Ombudsman
18. Exchange of information and co-operation
19. Annual estimate of income and expenditure
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
Dissolutions and Transfers of Functions to Financial Services and Pensions Ombudsman
Dissolution and transfer of functions
30. Transfer of land and other property
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
Transfer of staff and superannuation
35. Transfer of staff to office of Ombudsman
Accounts and audits
36. Final accounts and final annual report of dissolved bodies
Financial Services and Pensions Ombudsman Council
38. Chairperson and members of Financial Services Ombudsman Council
39. Financial Services Ombudsman Council
41. Accountability of chairperson of Council to Oireachtas Committees
43. Financial services industry levy
Complaints to the Ombudsman
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
Complaints Procedure
51. Time limits for complaints to Ombudsman
53. Complaints declined where section 52 applies
54. Use of internal dispute resolution procedures
55. Requirement for internal dispute resolution procedures
57. Complaints for investigation by Ombudsman
59. Obstruction of work of Ombudsman
60. Complaints and redress: financial service providers
61. Complaints and redress: pension providers
Appeals and Applications to Court
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
72. Power of court to grant injunctions in certain cases
Other Transitional Provisions
73. Saving of regulations made by former Council
74. Financial Services Ombudsman’s Bureau
Consequential Amendments
75. Amendment of Central Bank Act 1942
76. Amendment of Freedom of Information Act 2014
Miscellaneous
77. Reciprocal arrangements with EEA countries
Repeals and Revocations
Acts of the Oireachtas
Statutory Instruments
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 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 March 2024
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.
[26th July, 2017]
Be it enacted by the Oireachtas as follows:
Annotations
Editorial Notes:
E1
Act designated as national measure for certain purposes (17.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 214 of 2020), reg. 4 and sch. ref. nos. 23, 24, in effect as per reg. 1(2).
E2
Previous affecting provision: Act designated as national measure for certain purposes (17.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019), reg. 4 and sch. ref. nos. 23, 24; revoked (17.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 214 of 2020), reg. 11(f), in effect as per reg. 1(2).