private person

(1) except in relation to a rule made under section 137A of the Act as applied by Schedule 3 to the Electronic Money Regulations or Schedule 6 to the Payment Services Regulations,180 (as defined in article 3 of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2000 (SI 2001/2256)):

1. (a) any individual, unless he suffers the loss in question in the course of carrying on:
   1. (i) any regulated activity; or
   2. (ii) any activity which would be a regulated activity apart from any exclusion made by article 72 of the Regulated Activities Order (Overseas persons);116
2. (b) any person who is not an individual, unless he suffers the loss in question in the course of carrying on business of any kind;
3. 116(c) a relevant recipient of credit (within the meaning of article 60L of the Regulated Activities Order) who is not an individual and who has suffered the loss in question in connection with an activity of the kind specified by article 36A, 39D, 39E, 39F, 39G, 53DA,123 60B, 60N, 89A or 89B of that Order or article 64 of that Order, so far as relevant to any of those activities; and
4. 116(d) a person who is, by virtue of article 36J of the Regulated Activities Order, to be regarded as a person who uses, may use, has or may have used or has or may have contemplated using, services provided by authorised persons in carrying on a regulated activity of the kind specified by article 36H of that Order or article 64 of that Order so far as relevant to that activity;

but not including a government, a local authority (in the United Kingdom or elsewhere) or an international organisation; for the purposes of (a), an individual who suffers loss in the course of effecting or carrying out contracts of insurance written at Lloyd's is not to be taken to suffer loss in the course of carrying on a regulated activity; in this definition:

1. (A) "government" means:
   1. (I) the government of the United Kingdom; or
   2. (II) the Scottish Administration; or
   3. (III) the Executive Committee of the Northern Ireland Assembly; or
   4. (IV) the National Assembly for Wales; or
   5. (V) the government of any country or territory outside the United Kingdom;
2. (B) "international organisation" means any international organisation the members of which include the United Kingdom or any other State;
3. (C) "local authority", in relation to the United Kingdom, means:
   1. (I) in England and Wales, a local authority as defined in the Local Government Act 1972, the Greater London Authority, the Common Council of the City of London or the Council of the Isles of Scilly;
   2. (II) in Scotland, a local authority as defined in the Local Government (Scotland) Act 1973; and
   3. (III) in Northern Ireland, a district council as defined in the Local Government Act (Northern Ireland) 1972.

(2) in relation to a rule made under section 137A of the Act as applied by Schedule 3 to the Electronic Money Regulations, as defined in regulation 72(3) of those regulations:180

1. (a) any individual, except where the individual suffers the loss in question in the course of issuing electronic money or providing payment services; and
2. (b) any person who is not an individual, except where that person suffers the loss in question in the course of carrying on business of any kind,

but not a government, a local authority (in the United Kingdom or elsewhere) or an international organisation.(3) in relation to a rule made under section 137A of the Act as applied by Schedule 6 to the Payment Services Regulations as defined in regulation 148(3) of those regulations:

1. (a) any individual, except where the individual suffers the loss in question in the course of providing payment services; and
2. (b) any person who is not an individual, except where that person suffers the loss in question in the course of carrying on business of any kind,

but not a government, a local authority (in the United Kingdom or elsewhere) or an international organisation.