This chapter applies to the FSCS.

A protected claim is:

1. (1)

   a claim for a protected deposit (see COMP 5.3); or

2. (2)

   a claim under a protected contract of insurance (see COMP 5.4); or

3. (3)

   a claim in connection with protected investment business (see COMP 5.5); or3

4. (4)

   a claim in connection with protected mortgage business (see COMP 5.6); or34

5. (5)

   a claim in connection with protected non-investment insurance mediation (see COMP 5.7).42

Protected investment business is:

1. (1)

   designated investment business carried on by the relevant person with the claimant or as agent on his behalf;

2. (2)

   the activities of the manager or trustee of an AUT, provided that the claim is made by a holder;

3. (3)

   the activities of the ACD or depositary of an ICVC, provided that the claim is made by a holder;

provided that the condition in COMP 5.5.2 R is satisfied.

COMP 5.5.1 R only applies if the protected investment business was carried on from:

1. (1)

   an establishment of the relevant person in the United Kingdom; or

2. (2)

   a branch of a UK firm which is:

   1. (a)

      an ISD investment firm (including a credit institution which is an ISD investment firm), or

   2. (b)

      a UCITS management company established in another EEA State (but only in relation to managing investments (other than of a collective investment scheme), advising on investments or safeguarding and administering investments);

3. and the claim is an ICD claim; or

4. (3)

   both (1) and (2).1

Protected mortgage business is:

1. (1)

   advising on regulated mortgage contracts; or

2. (2)

   arranging (bringing about) regulated mortgage contracts; or

3. (3)

   making arrangements with a view to regulated mortgage contracts; or

4. (4)

   agreeing to carry on a regulated activity in (1) to (3); or

5. (5)

   the activities of a mortgage lender which would be arranging but for article 28A of the Regulated Activities Order (Arranging contracts to which the arranger is a party);

provided that the condition in COMP 5.6.2 R is satisfied.

COMP 5.6.1 R applies only if the protected mortgage business was carried on by a relevant person:

1. (1)

   with a customer who was a resident in the United Kingdom; or

2. (2)

   from an establishment maintained by the relevant person (or its appointed representative) in the United Kingdom with a customer who was resident elsewhere in the EEA;

at the time the protected mortgage business was carried on.

Protected non-investment insurance mediation is an insurance mediation activity where the investment concerned is a non-investment insurance contract which is not a reinsurance contract, provided that the condition in COMP 5.7.2 R is satisfied.12

COMP 5.7.1 R only applies if the protected non-investment insurance mediation was carried on from:1

1. (1)

   an establishment of the relevant person in the United Kingdom; or

2. (2)

   a branch of a UK firm established in another EEA State in the exercise of an EEA right derived from the IMD.