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You are viewing the version of the document as on 2022-12-16.

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consumer

  1. 156for the purposes of this definition:
    1. (1) (except as specified in this definition) any natural person acting for purposes outside his trade, business or profession. [Note: article 2 of the Distance Marketing Directive, article 2 of the Unfair Terms in Consumer Contracts Directive (93/13/EEC), article 2 of the E-Commerce Directive, 152article 4 (20)215 84of the Payment Services Directive,174 article 3 of the Consumer Credit Directive and article 4(1) of the MCD215174152]
    2. (2) (as further defined in section 1G of the Act) (in relation to the discharge of the FCA's general functions (sections 1B to 1E of the Act), the application of the regulatory principles by the regulators in section 3B of the Act and references by scheme operators or regulated persons (section 234D of the Act)) a person:
      1. (a) who uses, has used, or may use:
        1. (i) regulated financial services; or
        2. (ii) services that are provided by other than authorised persons but are provided in carrying on regulated activities; or
      2. (b) who has relevant rights or interests in relation to any of those services; or
      3. (c) who has invested, or may invest, in financial instruments; or
      4. (ca) who has relevant rights or interests in relation to financial instruments; or
      5. (d) (in relation to the FCA's power to make general rules (section 137A of the Act (The FCA's general rules)) a person within the extended definition of consumer in article 7 of the Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (SI 442/2013 Definition of "consumer");
      6. (e) [deleted]
      7. (f) in respect of whom a person carries on the regulated activity of seeking out, referrals and identification of claims or potential claims whether that activity, as carried on by that person, is a regulated activity, or is, by reason of an exclusion provided for under the Regulated Activities Order or the Act, not a regulated activity;228
    3. (2A) (as further defined in section 425A of the Act) (in relation to the issue of statements or codes under section 64 of the Act) and230 general exemptions to consultation by the FCA (section 138L of the Act) in the publication of notices (section 391 of the Act)230 a person:228
      1. (a)228 who uses, has used, may have used, or has relevant rights or interests in relation to any services provided by:
        1. (i) authorised persons in carrying on regulated activities;228
        2. (ii) authorised persons who are investment firms, or credit institutions, in providing relevant ancillary services;228
        3. (iii) persons acting as appointed representatives; or228
      2. (b) in respect of whom a person carries on the regulated activity of seeking out, referrals and identification of claims or potential claims whether that activity, as carried on by that person, is a regulated activity, or is, by reason of an exclusion provided for under the Regulated Activities Order or the Act, not a regulated activity.228
    4. (A) if a person is providing a service within (2)(a) or (2A) as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used or may use the service;
    5. (AA) a person has a "relevant right or interest" in relation to any services within (2)(a) or (2A) if that person has a right or interest:
      1. (i) which is derived from, or is otherwise attributable to, the use of the services by others; or
      2. (ii) which may be adversely affected by the use of the services by persons acting on that person's behalf or in a fiduciary capacity in relation to that person;
    6. (B) a person who deals with another person ("A") in the course of A providing a service within (2)(a) or (2A) is to be treated as using the service;
    7. (C) a person has a "relevant right or interest" in relation to any financial instrument within (2)(ca) if that person has a right or interest:
      1. (i) which is derived from, or is otherwise attributable to, investment in the instrument by others; or
      2. (ii) which may be adversely affected by the investment in the instrument by persons acting on that person's behalf or in a fiduciary capacity in relation to that person;
    8. (D) (for the purposes of (2A)(b)):
      1. (a) "credit institution" means:
        1. (i) a credit institution authorised under the UK provisions which implemented the230 CRD; or
        2. (ii) an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if it does not have one, its head office) in the UK230;
      2. (b) "relevant ancillary service" means any service of a kind mentioned in Section B of Annex I to MiFID the provision of which does not involve the carrying on of a regulated activity.
    9. (3) [deleted]
    10. (4) (as further defined in section 425A and 425B of the Act) (in relation to the establishment and maintenance of the Consumer Panel (section 1Q of the Act (The Consumer Panel))) (as defined in section 1Q of the Act), complaints by consumer bodies (section 234C of the Act):
      1. (a) a person within (2A), other than an authorised person; and
      2. (b) (in relation to regulated activities carried on otherwise than by authorised persons) a person, other than an authorised person, who would have been a "consumer" within (2A) if the activities were carried on by an authorised person.
    11. (5) [deleted]
    12. (5A) (as further defined in sections 425A and 425B of the Act) until 31 March 2014, with respect to the publication of information in relation to activities carried on by Northern Ireland credit unions (section 391 of the Act and article 5 of the Financial Services and Markets Act 2000 (Permissions, Transitional Provisions and Consequential Amendments) (Northern Ireland Credit Unions) Order 2011 (SI 2832/2011) a person within (4)(b).
    13. (6) [deleted]
    14. (7) (in the definitions of 230domestic dispute, sales contract and service contract, and in DISP 1.1.10-BR,223 DISP 1.1A.42R,211302 DISP 2.7.3 R and DISP 2.7.9A R) has the meaning in regulation 3 of the ADR Regulations, which is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession.176298[Note: article 4(1) of the ADR Directive]176298
    15. (8) (in relation to the CRA) an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession. 183
    16. (9) (in relation to the Payment Accounts Regulations) any natural person who is acting for purposes which are outside that person’s trade, business, craft or profession.202
    for the purposes of this definition: