Financial Services Ombudsman (Eligible Complainants) (Jersey) Order 2015

Article

1                 Interpretation. 3

2                 Eligibility of charities and charity trustees. 3

3                 Citation and commencement 4

Financial Services Ombudsman (Eligible Complainants) (Jersey) Order 2015

Made                                                                       21st October 2015

Coming into force                                                16th November 2015

1        Interpretation

In this Order –

“Income Tax Law” means the Income Tax (Jersey) Law 1961[2];

“Ombudsman Law” means the Financial Services Ombudsman (Jersey) Law 2014[3];

“small Jersey charity” means a corporation, association or trust –

(a)     that does not fall within Article 8(3)(b) of the Ombudsman Law;

(b)     the income of which is exempt from income tax under Article 115(a) of the Income Tax Law; and

(c)     the total income of which, within the meaning of the Income Tax Law and disregarding the exemption under Article 115(a) of the Income Tax Law, would have been less than £2,000,000 in the year of assessment (within the meaning of the Income Tax Law) preceding the year of assessment in which the complaint is referred.

2        Eligibility of charities and charity trustees

(1)     The categories of person specified for the purpose of Article 8(3)(c)(iii) of the Ombudsman Law are –

(a)     a corporation or association that is a small Jersey charity;

(b)     a relevant trustee of a trust that is a small Jersey charity; and

(c)     a relevant Guernsey charity.

(2)     For the purpose of paragraph (1)(b) a trustee, of a trust that is a small Jersey charity, is a relevant trustee if –

(a)     the relevant business (within the meaning of Article 8(1) of the Ombudsman Law) was carried on for the benefit of that charity;

(b)     the trustee makes the complaint for the benefit of that charity; and

(c)     the trustee does not fall within Article 8(3)(a) of the Ombudsman Law.

(3)     For the purpose of paragraph (1)(c) “relevant Guernsey charity” means a charity, as defined in the Financial Services Ombudsman (Eligible Complainants) (Bailiwick of Guernsey) Order, 2015, that –

(a)     falls within a category specified by that Order for the purpose of section 8 of the Financial Services Ombudsman (Bailiwick of Guernsey) Law, 2014; and

(b)     does not fall within paragraph (1)(a) or (b).

3        Citation and commencement

This Order may be cited as the Financial Services Ombudsman (Eligible Complainants) (Jersey) Order 2015 and comes into force on the commencement of Article 8 of the Ombudsman Law.

senator l.j. farnham

Minister for Economic Development