(1) Where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision, the Circuit Court shall, on application to it on that behalf by -

(a) the Ombudsman, as he or she sees fit, or

(b) the complainant in whose favour the decision was made, make an order.

(2) In subsection (1), the reference to a decision is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(3) The Circuit Court may not hear an application for an order under this section other than where -

(a) the financial service provider or the pension provider concerned appears at the hearing as respondent to the application, or