(1) The following provisions do not apply in relation to a relevant existing complaint -

(a) section 228(2) (criteria for determining complaints);

(b) except as provided in paragraphs (4) and (5), section 229 (awards); and

(c) except as provided in paragraph (6), section 230 (costs).

(2) A relevant existing complaint is to be determined (so far as practicable) by reference to such criteria as would have applied to the determination of the complaint by the former ombudsman under the former scheme in question immediately before commencement (provided that where the former scheme is the FSA scheme, the criteria are those which would have applied to the determination of the complaint by an independent investigator under that scheme at that time).

(3) A determination of a relevant existing complaint may include such remedy as could have been included in a determination (whether described as a determination, award, recommendation or otherwise) made by the former ombudsman under the former scheme in question immediately before commencement.