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Reference of a referable matter

2.—(1) This regulation applies where, following a decision by the Board on matters complained of in a relevant complaint, those matters complained of have been—

(a)investigated by the Investigation Committee and a decision given by it under regulations made under Article 190(3)(b), or

(b)the subject of an application for such an investigation and decision by the Investigation Committee on which no decision has been given by that Committee by the relevant date.

(2) Any referable matter may be referred to the PPF Ombudsman by––

(a)the applicant, or

(b)any other person to whom regulations made under Article 190(4)(d)(ii) require notice of the decision to be given or, if that person is required to be given notice as the representative of another person, that other person.

(3) For the purposes of these Regulations a matter is a referable matter if it is a matter that––

(a)has been the subject of a relevant complaint in respect of which the Board has given a decision under regulations made under Article 190(3)(a), and

(b)either—

(i)has been the subject of an investigation by the Investigation Committee in respect of which it has given a decision under regulations made under Article 190(3)(b); or

(ii)has been the subject of an application for such an investigation and decision by the Investigation Committee on which no decision has been given by that Committee by the relevant date.

(4) In this regulation “the relevant date” means—

(a)the date on which the Investigation Committee is required to give the decision under regulations made under Article 190(4)(c)(ii); or

(b)if, on an application made to him by the applicant, the PPF Ombudsman is of the opinion that—

(i)there is no real prospect of the Investigation Committee giving the decision by that date; and

(ii)the matter should be investigated and determined by him,

the date he notifies to the applicant and any other person to whom regulations made under Article 190(4)(d)(ii) require notice of the decision to be given as being the date by which he considers it reasonable that the decision should have been given.