F1PART 1AThe Regulators

Annotations:
Amendments (Textual)
F1

Pt. 1A substituted for Pt. 1 (24.1.2013 for specified purposes, 19.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 6(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.

CHAPTER 1The Financial Conduct Authority

Interpretation of terms used in relation to FCA's general duties

C1C2C3C41GMeaning of “consumer”

1

In sections 1B to 1E “consumers” means persons F5who—

a

F6who use, have used or may use—

i

regulated financial services, or

ii

services that are provided by persons other than authorised persons but are provided in carrying on regulated activities, F6who

b

F6who have relevant rights or interests in relation to any of those services,

c

F6who have invested, or may invest, in financial instruments, F2...

d

F6who have relevant rights or interests in relation to financial instruments F3, F7or

e

F6who have rights, interests or obligations that are affected by the level of a regulated benchmarkF4; or

f

in respect of whom a person carries on an activity which is specified in article 89G of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (seeking out etc 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 2001 Order or the 2000 Act, not a regulated activity.

2

A person (“P”) has a “relevant right or interest” in relation to any services within subsection (1)(a) if P has a right or interest—

a

which is derived from, or is otherwise attributable to, the use of the services by others, or

b

which may be adversely affected by the use of the services by persons acting on P's behalf or in a fiduciary capacity in relation to P.

3

If a person is providing a service within subsection (1)(a) as 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.

4

A person who deals with another person (“B”) in the course of B providing a service within subsection (1)(a) is to be treated as using the service.

5

A person (“P”) has a “relevant right or interest” in relation to any financial instrument if P has—

a

a right or interest which is derived from, or is otherwise attributable to, investment in the instrument by others, or

b

a right or interest which may be adversely affected by the investment in the instrument by persons acting on P's behalf or in a fiduciary capacity in relation to P.