Financial Services and Markets Act 2000, Section 1H is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The following provisions have effect for the interpretation of sections 1B to 1G.
(2)“Regulated financial services” means services provided—
(a)by authorised persons in carrying on regulated activities;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)by authorised persons in communicating, or approving the communication by others of, invitations [F3or inducements] to engage in investment activity [F4or to engage in claims management activity];
(d)by authorised persons who are investment firms, or [F5qualifying credit institutions], in providing relevant ancillary services;
(e)by persons acting as appointed representatives;
(f)by payment service providers in providing payment services;
(g)by electronic money issuers in issuing electronic money;
(h)by sponsors to issuers of securities;
(i)by primary information providers to persons who issue financial instruments.
(3)“Financial crime” includes any offence involving—
(a)fraud or dishonesty,
(b)misconduct in, or misuse of information relating to, a financial market,
(c)handling the proceeds of crime, or
(d)the financing of terrorism.
(4)“Offence” includes an act or omission which would be an offence if it had taken place in the United Kingdom.
(5)“Issuer”, except in the expression “electronic money issuer”, has the meaning given in section 102A(6).
(6)“Financial instrument” has the meaning given in section 102A(4).
(7)“Securities” has the meaning given in section 102A(2).
[F6(7A)“Regulated benchmark” means a benchmark, as defined in section 22F7... [F8(6A)], in relation to which any provision made under section 22(1A)F9...[F10(c)] has effect.]
(8)In this section—
F11...
F11...
F12...
“electronic money” has the same meaning as in the Electronic Money Regulations 2011;
“electronic money issuer” means a person who is an electronic money issuer as defined in regulation 2(1) of the Electronic Money Regulations 2011 other than a person falling within paragraph (f), (g) or (j) of the definition;
[F13“engage in claims management activity” has the meaning given in section 21;]
“engage in investment activity” has the meaning given in section 21;
“financial instrument” has the meaning given in section 102A(4);
“payment services” has the same meaning as in the Payment Services Regulations [F142017];
“payment service provider” means a person who is a payment service provider as defined in regulation 2(1) of the Payment Services Regulations [F152017] other than a person falling within paragraph [F16(i) or (j)] of the definition;
“primary information provider” has the meaning given in section 89P(2);
“relevant ancillary service” means any service of a kind mentioned in [F17Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001] the provision of which does not involve the carrying on of a regulated activity;
“sponsor” has the meaning given in section 88(2).]
Textual Amendments
F1Pt. 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.
F2S. 1H(2)(b) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 10(2)(a) (with art. 11(2))
F3Words in s. 1H(2)(c) inserted (6.9.2023 for specified purposes, 6.11.2023 for specified purposes, 7.2.2024 in so far as not already in force) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 5 para. 2 (with s. 20(5)); S.I. 2023/936, reg. 2(1)(a)(b)(2)(b)(ii)(3)(4)
F4Words in s. 1H(2)(c) inserted (E.W.S.) (6.10.2018) by Financial Guidance and Claims Act 2018 (c. 10), ss. 27(2)(a), 37(5); S.I. 2018/1045, reg. 2(a)
F5Words in s. 1H(2)(d) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 4(2); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 1H(7A) inserted (2.4.2013) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2013 (S.I. 2013/655), arts. 1, 3(3)
F7Words in s. 1H(7A) omitted (1.5.2020) by virtue of The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2)(b), 37(c)
F8Words in s. 1H(7A) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 37(a)
F9Words in s. 1H(7A) omitted (1.5.2020) by virtue of The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2)(b), 37(d)
F10Words in s. 1H(7A) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 37(b)
F11Words in s. 1H(8) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 10(2)(b) (with art. 11(2))
F12Words in s. 1H(8) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in s. 1H(8) inserted (E.W.S.) (6.10.2018) by Financial Guidance and Claims Act 2018 (c. 10), ss. 27(2)(b), 37(5); S.I. 2018/1045, reg. 2(a)
F14Word in s. 1H(8) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 2(2)(a) (with reg. 3)
F15Word in s. 1H(8) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 2(2)(b)(i) (with reg. 3)
F16Words in s. 1H(8) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 2(2)(b)(ii) (with reg. 3)
F17Words in s. 1H(8) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 1H applied (with modifications) (5.4.2024) by The Data Reporting Services Regulations 2024 (S.I. 2024/107), regs. 1(2), 15; S.I. 2023/1382, reg. 4(c)
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