- Latest available (Revised)
- Point in Time (30/06/2010)
- Original (As enacted)
No versions valid at: 30/06/2010
Point in time view as at 30/06/2010. This version of this provision is not valid for this point in time.
Financial Services and Markets Act 2000, Section 404E is up to date with all changes known to be in force on or before 25 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: