Constitution and Terms of Reference - Final Consultation

Dear Participant,

Proposed changes to the IFSO Scheme’s Terms of Reference and Constitution

Thank you to those who submitted on the proposed changes to our Terms of Reference (TOR) and Constitution. We found your feedback very useful and have made a number of changes to the proposals, as a result.

Attached below are summaries of the points raised in submissions and the revised proposed changes to the TOR and Constitution.

Feedback on these revised proposed changes may be provided in writing up to 12 May 2023 or, if you prefer to provide feedback in person, please let us know, so we can liaise with you.

Please send your feedback or request to provide feedback in person to

MBIE is also progressing its project to align the Approved Dispute Resolution Schemes’ (ADRS) rules. As we are improving other areas of our TOR and Constitution, the Commission has decided to proceed with our process at the same time, because there is no real conflict. However, when MBIE eventually make its changes by regulation, it will potentially require some further changes to the TOR and Constitution.

Quick Guide to the Revised Proposed Changes

Where no comments were received on changes proposed to the TOR and Constitution, the Commission has determined to proceed with the changes as drafted for the first consultation.

Where the submissions pointed out inconsistencies or errors, these have been corrected. In some cases, where a submitter thought a point was not clear, we have proposed a change to avoid possible confusion.

Only those parts of the TOR and Constitution on which we received submissions are included in the second consultation documents, as follows:

TOR Changes

  • 1.1 Definition of Applicable Monetary Limit
  • 4. Making a complaint to the Scheme
  • 5.2 d) & f) Types of Complaints within the Scheme’s jurisdiction
  • 8.4 Timeframe for Referring a Complaint to the Scheme
  • 9.1 & 9.3 Confidentiality
  • 10.2 & 10.5 Investigation Processes
  • 11.2 Resolution Methods
  • 13.1 Decision Making Process
  • 14.3 & 14.4 Remedies
  • 15.2 Rights of parties to Institute Court or Debt Recovery Proceedings
  • 17.3 Other Powers and Duties of the Scheme

Constitution Changes

  • 1.2 Name, Definitions and Interpretation
  • 10.1 a) & b) Obligations of Participants
  • 12 Termination of Participation

Revised Consultation Documents with proposed changes

If you have any questions about the proposals or the consultation process, please contact the Deputy Ombudsman, Louise Peters,

Indicative timeline

12 May 2023 Deadline for written feedback on revised proposed changes

June 2023 Commission approves the final versions of the TOR and Constitution

1 July 2023 Revised TOR and Constitution come into effect.

Sue Suckling

Chairperson IFSO Scheme Commission