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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 14 : Ombuds

Part 4 : General provisions

214. Governing rules of recognised industry ombud scheme

 

(1) Before the Ombud Council can recognise an industry ombud scheme in terms of section 194, the Ombud Council must—
(a) publish—
(i) a draft of the governing rules or amendments to the governing rules;
(ii) a statement explaining the need for and the intended operation of the governing rules or the amendment to the governing rules;
(iii) a statement of the expected impact of the governing rules or the amendment to the governing rules; and
(iv) a notice inviting submissions in relation to the rules or amendment to the governing rules and stating where, how and by when submissions are to be made; and
(b) submit the draft governing rules to the Financial Sector Conduct Authority.

 

(2) The period allowed for making submissions on the governing rules or amendments to the governing rules in terms of subsection (1) must be at least 30 days.

 

(3)

(a) The governing rules of a recognised industry ombud scheme must be approved by and may not be amended without the approval of the Ombud Council.
(b) Governing rules or amendments to governing rules that are adopted by a recognised industry ombud scheme without the approval by the Ombud Council are void.

 

(4) The Ombud Council must not approve governing rules or an amendment to governing rules unless it is satisfied that to do so assists in achieving the object of this Act as set out in section 7.

 

[Section 214 to take effect on 1 April 2020, per Notice No. 1130 of 2019, GG 42677, dated 30 August 2019]