65. (1) Where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision, the Circuit Court shall, on application to it on that behalf by—

(a) the Ombudsman, as he or she sees fit, or

(b) the complainant in whose favour the decision was made,

make an order.

(2) In subsection (1), the reference to a decision is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(3) The Circuit Court may not hear an application for an order under this section other than where—

(a) the financial service provider or the pension provider concerned appears at the hearing as respondent to the application, or

(b) the financial service provider or the pension provider concerned does not appear at the hearing, the court is satisfied that a copy of the application has been served on that financial service provider or pension provider.

(4) The Circuit Court may not hear an application for an order under this section where the person that is the financial service provider or the pension provider, as the case may be, has appealed against the decision or direction and—

(a) the decision or direction has not been affirmed (with or without modification), or

(b) that provider concerned has not withdrawn the appeal.

(5) On hearing an application for an order under this section, the Circuit Court shall, if satisfied that the direction was one that the Ombudsman was empowered to make, make an order requiring the financial service provider or the pension provider concerned to comply with the direction within a period, or by a date, specified in the order.

(6) Notwithstanding subsection (1), where, in considering an application under that subsection, the Circuit Court is satisfied that, owing to lapse of time, it would not be possible to comply with an order under that subsection, the court shall make an order providing for such redress as it considers appropriate having regard to this Part and all the circumstances.

(7) In an order under this section providing for the payment of financial redress by any person, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the person that is the financial service provider or the pension provider concerned to pay to the complainant concerned interest on the payment at the rate referred to in section 22 of the Courts Act 1981 in respect of the whole or any part of the period beginning 4 weeks after the date on which the decision or direction concerned is communicated to the parties and ending on the date of the order.

(8) An application to the Circuit Court under this section shall be made to the judge of the Circuit Court for the circuit—

(a) in which the relevant complainant ordinarily resides, or

(b) the financial service provider or the pension provider, as the case may be, has its principal place of business in the State.