(1) Subject to the provisions of this Order, a complaint which -
(a) was referred to a former scheme (other than the PIAS) at any time before commencement, by a person who was at that time entitled, under the terms of the former scheme, to refer such a complaint (whether described in that scheme as the making of a complaint, the referral of a dispute, the submission of a claim, or otherwise), and
(b) was not determined before commencement,
is, after commencement, to be dealt with under the new scheme (and not the former scheme).
(2) For the purposes of paragraph (1)(b), a complaint is to be treated as determined before commencement where it had, before commencement, been rejected, withdrawn, settled or determined by the former ombudsman (whether by a substantive decision, or by closure of the case without a substantive decision).
(3) But a complaint is not to be treated as determined before commencement if, pursuant to the terms of the former scheme, the determination was at commenceme
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