Financial Services and Pensions Ombudsman Act 2017
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Publication of certain other reports | ||
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25. (1) In this section, “business name” has the meaning given to it in the Registration of Business Names Act 1963 . | ||
(2) Not later than 3 months after the end of each financial year, the Ombudsman shall publish a report containing— | ||
(a) a summary of all complaints made to the Ombudsman during the preceding financial year, | ||
(b) a review of trends and patterns in the making of complaints to the Ombudsman, | ||
(c) a breakdown of the method by which all complaints made to the Ombudsman were dealt with during the preceding financial year, and | ||
(d) a summary of the outcome of all complaints concluded or terminated, including analysis of complaints that were settled during the previous financial year. | ||
(3) The Ombudsman may, from time to time, prepare and submit to the Minister such other reports in relation to the performance of the functions under this Act as he or she considers appropriate. | ||
(4) The Ombudsman may publish reports on other matters if he or she considers that it would be in the public interest to do so. | ||
(5) If the Ombudsman considers that it would be in the public interest to do so, he or she may include in a report under subsection (2) in respect of every financial service provider falling within subsection (6) the information specified in subsection (7). | ||
(6) A financial service provider falls within this subsection if, in the preceding financial year, 3 or more complaints made to the Ombudsman relating to the financial service provider have been found to be upheld, substantially upheld or partially upheld. | ||
(7) The information referred to in subsection (5) is— | ||
(a) the name, including any trading name and business name (or former trading name and business name), of the financial service provider, | ||
(b) where applicable, the identity of any group of companies of which the financial service provider is a member, and | ||
(c) the number of complaints found to be upheld, substantially upheld or partially upheld in respect of the financial service provider in the preceding financial year. | ||
(8) For the purposes of subsection (7)(b), “group of companies” has the same meaning as it has in section 8(3) of the Act of 2014. | ||
(9) For the purposes of the law of defamation, the publication of the information specified in subsection (7) in a report under subsection (2) shall be absolutely privileged. | ||
(10) A report under subsection (2) shall not divulge the identity of any complainant nor shall anything be published in the report that may lead to the identification of any complainant unless the complainant consents in writing to such publication. | ||
(11) For the purposes of this section, where a party to a complaint has appealed against the Ombudsman’s decision that a complaint has been found to be upheld, substantially upheld or partially upheld, the complaint is to be taken to have been so found only when— | ||
(a) the decision is affirmed (with or without modification) on appeal, or | ||
(b) the appeal is withdrawn, struck out by the High Court or abandoned. |