This chapter applies to the FSCS.

A protected claim is:

1. (1)

   a claim for a protected deposit or a protected dormant account6(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 home finance mediation5 (see COMP 5.6); or34

   5
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, or for the benefit of, the claimant (so long as that claimant has a claim), or as agent on the claimant's behalf;2

   2
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)

      a MiFID investment firm3 established in another EEA State; or

      3
   2. (b)

      a UCITS management company established in another EEA State (but only in relation to managing investments (other than collective portfolio management),5advising on investments or safeguarding and administering investments);

      5

3. and the claim is an ICD claim; or

4. (3)

   both (1) and (2); or5

5. (4)
   1. (a)

      5a UKbranch of an EEA UCITS management company; or

   2. (b)

      an establishment of such an EEA UCITS management company in its Home State from which cross border services are being carried on;

   and in either case the management company is providing collective portfolio management services for a UCITS scheme but only if the claim relates to that activity.

Protected home finance mediation2 is:

1. (1)

   advising on a home finance transaction;2 or

   2
2. (2)

   arranging (bringing about) a home finance transaction;2 or

   2
3. (3)

   making arrangements with a view to a home finance transaction2; or

   2
4. (4)

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

5. (5)

   the activities of a home finance provider2 which would be arranging but for article 28A of the Regulated Activities Order (Arranging contracts or plans2 to which the arranger is a party);

   2

provided that the condition in COMP 5.6.2 R is satisfied.

COMP 5.6.1 R applies only if the protected home finance mediation2 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 home finance mediation2 was carried on.

Protected non-investment insurance mediation is an insurance mediation activity where the investment concerned is a relevant general insurance contract or a pure protection contract but3 which is not a long-term care insurance contract or a 3reinsurance contract, provided that the conditions4 in COMP 5.7.2 R are4 satisfied.12

COMP 5.7.1 R only applies if the conditions in (1) and (2) are satisfied:3

1. (1)

   the protected non-investment insurance mediation was carried on from:3

   3
   1. (a)

      an establishment of the relevant person in the United Kingdom; or3

   2. (b)

      a branch of a UK firm4 established in another EEA State in the exercise of an EEA right derived from the IMD; and3

      4
2. (2)

   the claimant making the claim (or where COMP 3.2.4 R applies, the customer on behalf of whom a firm makes a claim) dealt initially, with a view to entering into a relevant general insurance contract or a pure protection contract but not a long-term care insurance contract or a reinsurance contract, with an intermediary that was :4

   34
   1. (a)

      established in the United Kingdom; or4

      4
   2. (b)

      a branch of a UK firm established in another EEA State in the exercise of an EEA right derived from the IMD.4

      4