3(1)Condition B is that the scheme provides that every qualifying complaint made about the qualifying institutions to which it relates is capable of being referred under the scheme.E+W
(2)A scheme does not fail to meet condition B only because it contains some or all of the following—
(a)provision that qualifying complaints are to be referred under the scheme within a time limit specified in, or determined in accordance with, the scheme;
(b)provision that, where a qualifying complaint is made about a qualifying institution which provides an internal procedure for the review of complaints, the complaint is not to be referred under the scheme until the complainant has exhausted the internal procedure;
(c)provision that a qualifying complaint is not to be referred under the scheme if—
(i)relevant proceedings have been concluded, or
(ii)relevant proceedings that have not been concluded have not been stayed.
(3)In sub-paragraph (2)(c) “relevant proceedings” means proceedings relating to the subject matter of the qualifying complaint that have been brought at first instance before a court or tribunal.
Commencement Information
I1Sch. 2 para. 3 in force for E. at 1.11.2004 by S.I. 2004/2781, art. 2
I2Sch. 2 para. 3 in force for W. at 1.12.2004 by S.I. 2004/3144, Sch. Pt. 1