- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Compensation Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)A person may not provide regulated claims management services unless—
(a)he is an authorised person,
(b)he is an exempt person,
(c)the requirement for authorisation has been waived in relation to him in accordance with regulations under section 9, or
(d)he is an individual acting otherwise than in the course of a business.
(2)In this Part—
(a)“ ” means a person authorised by the Regulator under section 5(1)(a),
(b)“claims management services” means advice or other services in relation to the making of a claim,
(c)“claim” means a claim for compensation, restitution, repayment or any other remedy or relief in respect of loss or damage or in respect of an obligation, whether the claim is made or could be made—
(i)by way of legal proceedings,
(ii)in accordance with a scheme of regulation (whether voluntary or compulsory), or
(iii)in pursuance of a voluntary undertaking,
(d)“exempt person” has the meaning given by section 6(5), and
(e)services are regulated if they are—
(i)of a kind prescribed by order of the Secretary of State, or
(ii)provided in cases or circumstances of a kind prescribed by order of the Secretary of State.
(3)For the purposes of this section—
(a)a reference to the provision of services includes, in particular, a reference to—
(i)the provision of financial services or assistance,
(ii)the provision of services by way of or in relation to legal representation,
(iii)referring or introducing one person to another, and
(iv)making inquiries, and
(b)a person does not provide claims management services by reason only of giving, or preparing to give, evidence (whether or not expert evidence).
(4)For the purposes of subsection (1)(d) an individual acts in the course of a business if, in particular—
(a)he acts in the course of an employment, or
(b)he otherwise receives or hopes to receive money or money's worth as a result of his action.
(5)The Secretary of State may by order provide that a claim for a specified benefit shall be treated as a claim for the purposes of this Part.
(6)The Secretary of State may specify a benefit under subsection (5) only if it appears to him to be a United Kingdom social security benefit designed to provide compensation for industrial injury.
Modifications etc. (not altering text)
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: