Financial Services and Pensions Ombudsman Act 2017

32.

Liability for loss occurring before establishment day

32. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of a dissolved body shall on and after that day, lie against the Office and not against the dissolved body concerned.

(2) Any legal proceedings pending immediately before the establishment day to which any of the dissolved bodies is a party, that relate to a function of any of the dissolved bodies, shall be continued, with the substitution in the proceedings of the Office, in so far as they so relate, and the proceedings shall not abate by reason of such substitution.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, shall, in so far as they are enforceable against any of the dissolved bodies be enforceable against the Office and not the dissolved body concerned.

(4) Any claim made or proper to be made by any of the dissolved bodies in respect of any loss or injury arising from the act or default of any person before the establishment day shall, on and after the establishment day, be regarded as having been made by or proper to be made by the Office and may be pursued and sued for by the Office as if the loss or injury had been suffered by the Office.