SECTION 13
Jurisdiction
'13
[(1)] [The operation of a recognised scheme does not affect the activities and authority of the Adjudicator or statutory ombud the Ombud for Financial Services Providers].
(1) The ombuds referred to under this Act have the following jurisdiction -
(a) the Adjudicator and the Ombud for Financial Services Providers have jurisdiction as set out in their respective enabling Acts:
(b) an ombud for a scheme recognised under section 11 of this Act has the jurisdiction provided by the procedures under which such scheme operates and the terms of reference of such ombud: and
(c) the statutory ombud has jurisdiction in respect of matters not within the jurisdiction of the ombuds referred to under paragraphs (a) and (b).
(2) (a) No ombud of a recognised scheme has jurisdiction to resolve a complaint or settle a matter in respect of which the Adjudicator or the Ombud for Financial Services Providers [or statutory ombud] has in terms of a law Jurisdiction, except in the case of any such complaint in respect of which the Adjudicator, the Ombud for Financial Services Providers [or statutory ombud] has in terms of a law declined to resolve the complaint or settle the matter.
(b) If either an ombud of a recognised scheme, the Adjudicator, the Ombud for Financial Services Providers or statutory ombud does not have jurisdiction in respect of a specific complaint submitted to them, the relevant ombud, Adjudicator, Ombud for Financial Services Providers or statutory ombud must submit such complaint without undue delay to the office which does have jurisdiction and advise the client accordingly.
[(3)131 In the case of uncertainty regarding jurisdiction over a specific complaint, the [relevant] ombud, Adjudicator, Ombud for Financial Services Providers and statutory ombud involved in the uncertainty must agree on who has jurisdiction over such complaint and the relevant person who will exercise jurisdiction must inform the client accordingly.
[(4)] (b) If the [relevant] ombud, Adjudicator, Ombud for Financial Services Providers and statutory ombud fail to reach such agreement, the statutory ombud must determine who may exercise jurisdiction over such complaint and inform the client accordingly.]
(3) In the case of uncertainty as regards whom the complaint should be referred to, the relevant ombud, Adjudicator, the Ombud for Financial Services Providers, or the statutory ombud involved in the uncertainty, must consult in order to determine who should deal with the complaint: Provided that failing an agreement, the matter will be referred to the statutory ombud to determine who may exercise jurisdiction in respect of the complaint, and the statutory ombud shall advise the client accordingly.