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The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, Section 39B is up to date with all changes known to be in force on or before 24 November 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.
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39B.—(1) A person does not carry on an activity of the kind specified by article 39A if he acts in the course of carrying on the activity of—
(a)expert appraisal;
(b)loss adjusting on behalf of a relevant insurer; or
(c)managing claims on behalf of a relevant insurer,
and that activity is carried on in the course of carrying on any profession or business.
(2) In this article—
(a)“relevant insurer” means—
(i)a person who has Part IV permission to carry on an activity of the kind specified by article 10;
(ii)a person to whom the general prohibition does not apply by virtue of section 316(1)(a) of the Act (members of the Society of Lloyd's);
(iii)F2...;or
(iv)a relevant reinsurer;
(b)“relevant reinsurer” means a person whose main business consists of accepting risks ceded by—
(i)a person falling within sub-paragraph (i), (ii) or (iii) of the definition of “relevant insurer”; F3...
(iii)a person established outside the United Kingdom F6... who carries on an activity of the kind specified by article 10 by way of business.]]
Textual Amendments
F1Pt. 2 Ch. 7A inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476), arts. 1(3), 7
F2Art. 39B(2)(a)(iii) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 49(4)(a) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in art. 39B(2)(b)(i) omitted (10.12.2007) by The Financial Services and Markets Act 2000 (Reinsurance Directive) Order 2007 (S.I. 2007/3254), arts. 1, 2(2)(a)
F4Art. 39B(2)(b)(ii)(iii) substituted for art. 39B(2)(b)(ii) (10.12.2007) by The Financial Services and Markets Act 2000 (Reinsurance Directive) Order 2007 (S.I. 2007/3254), arts. 1, 2(2)(b)
F5Art. 39B(2)(b)(ii) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 49(4)(a) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 39B(2)(b)(iii) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 49(4)(c) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
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