PART 1Introductory provisions
Citation, commencement, interpretation and extent1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018.
2
This Order comes into force on the day after the day on which it is made for the purpose only of—
a
enabling the Financial Conduct Authority—
i
to make rules;
ii
to give guidance;
iii
to impose requirements or make directions;
iv
to approve rules;
v
to make a designating instrument pursuant to article 85;
vi
to claim legal professional privilege or, in Scotland, confidentiality of communications pursuant to article 87; and
b
enabling the Financial Ombudsman Service—
i
to make rules;
ii
to make standard terms; and
iii
to claim legal professional privilege or, in Scotland, confidentiality of communications pursuant to article 87.
3
This Order comes into force on 1st April 2019 for all other purposes.
4
In this Order “the 2000 Act” means the Financial Services and Markets Act 2000.
5
Subject to paragraph (6), this Order extends to England and Wales and Scotland.
6
Articles 90, 93, 95, 96, 101, 102 and 103 extend to England and Wales only.
Carrying on a regulated claims management activity in Great Britain2
1
A person is to be treated as carrying on a regulated claims management activity in Great Britain when the activity is carried on—
a
by a person who is—
i
an individual who is ordinarily resident in Great Britain; or
ii
a person, other than an individual, who is constituted under the law of England and Wales or Scotland; or
b
in respect of a claimant or pursuer, or potential claimant or potential pursuer who is—
i
an individual who is ordinarily resident in Great Britain; or
ii
a person, other than an individual, who is constituted under the law of England and Wales or Scotland.
2
For the purposes of this article—
a
a person is “ordinarily resident” in Great Britain if that person satisfies the requirements of the Statutory Residence Test as set out in Schedule 45 to the Finance Act 20136 either—
i
at the time of the facts giving rise to the claim or potential claim; or
ii
at the time when the regulated claims management activity is carried out in respect of that claimant or pursuer or potential claimant or potential pursuer;
b
the references to the “the UK” in the Statutory Residence Test in Schedule 45 are to be read as if they were expressed as references to “Great Britain”.