12. (1) The principal function of the Ombudsman shall be to investigate complaints in an appropriate manner proportionate to the nature of the complaint by—

(a) informal means,

(b) mediation,

(c) formal investigation (including oral hearings if required), or

(d) a combination of the means referred to in paragraphs (a) to (c).

(2) The Ombudsman shall have such powers as are necessary or expedient for the performance of the functions conferred by this Act.

(3) The Ombudsman shall endeavour to—

(a) be accessible to the public and ensure that complaints about the conduct of financial service providers or pension providers are dealt with in an informal manner efficiently, effectively and fairly,

(b) improve public understanding of the role and functions of the Ombudsman,

(c) improve public understanding of issues related to complaints considered by the Ombudsman by publishing—

(i) decisions, and

(ii) guidance notes on procedures and processes,

and

(d) engage with financial service providers and pension providers to promote active engagement and consumer education in respect of their internal dispute resolution practices.

(4) The Ombudsman shall establish and maintain efficient and effective systems and procedures for the investigation and adjudication of complaints in a timely and effective manner.

(5) As soon as practicable after the establishment day, the Ombudsman shall adopt and publish, in a manner easily accessible to the public, information in relation to—

(a) the making of complaints by complainants, and

(b) the handling of complaints by each of the means referred to in subsection (1)(a) to (c).

(6) Without prejudice to the generality of subsection (1), in performing his or her functions under this Act, the Ombudsman may prepare and publish guidelines related to his or her functions under sections 12(1) and 56(1).

(7) The Ombudsman may, and shall when requested by the Minister—

(a) advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government or any Minister of State, in relation to any proposals for legislative change, or any other policy matters, concerning financial services or pensions and relating to the functions of the Ombudsman, and

(b) submit to the Minister, any other Minister of the Government or any Minister of State, after consultation with such persons as he or she considers appropriate having regard to the proposals to be submitted, any proposals he or she considers appropriate for amendment of any enactment, or for new enactments, concerning financial services or pensions and relating to the functions of the Ombudsman.

(8) Subject to this Act, the Ombudsman shall be independent in the performance of his or her functions.

(9) The Ombudsman may authorise and direct any Deputy Ombudsman or any member of the Ombudsman’s staff to perform any of the functions (including the giving of directions under section 60(4) or 61(2)) conferred on the Ombudsman by this Act.

(10) The Ombudsman may revoke any authorisation or direction given under subsection (9).

(11) Subject to this Act, the Ombudsman, when dealing with a particular complaint, shall act in an informal manner and according to equity, good conscience and the substantial merits of the complaint without undue regard to technicality or legal form.