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Valid from 12/10/2010
(1)For the purposes of sections 404 to 404B “consumers” means persons who—
(a)have used, or may have contemplated using, any of the services within subsection (2); or
(b)have relevant rights or interests in relation to any of the services within that subsection.
(2)The services within this subsection are services provided by—
(a)authorised persons in carrying on regulated activities;
(b)authorised persons in carrying on a consumer credit business in connection with the accepting of deposits;
(c)authorised persons in communicating, or approving the communication by others of, invitations or inducements to engage in investment activity;
(d)authorised persons who are investment firms, or credit institutions, in providing relevant ancillary services;
(e)persons acting as appointed representatives; or
(f)payment service providers in providing payment services.
(3)A person (“P”) has a “relevant right or interest” in relation to any services within subsection (2) 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.
(4)If a person is providing a service within subsection (2) as a trustee, the persons who have been, or may have been, beneficiaries of the trust are to be treated as persons who have used, or may have contemplated using, the service.
(5)A person who deals with another person (“B”) in the course of B providing a service within subsection (2) is to be treated as using the service.
(6)In this section—
“accepting”, in relation to deposits, includes agreeing to accept;
“consumer credit business” has the same meaning as in the Consumer Credit Act 1974 (see section 189(1));
“credit institution” has the meaning given by section 138(1B);
“engage in investment activity” has the meaning given by section 21;
“payment services” has the same meaning as in the Payment Services Regulations 2009;
“payment service provider” means a person who is a payment service provider for the purposes of those regulations as a result of falling within any of paragraphs (a) to (e) of the definition in regulation 2(1);
“relevant ancillary services” has the meaning given by section 138(1C).