89S. [F1Claims management activity conducted an independent trade unionE+W+S
(1) There is excluded from articles 89G to 89M any activity carried on by an independent trade union for –
(a)a member (including a retired member or a student member) of an independent trade union;
(b)a member of the family of a member referred to in sub-paragraph (a); or
(c)a former member of the trade union to whom the trade union may, under its rules, provide claims management services, or a member of the family of such a former member.
(2) In paragraph (1), “independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.
(3) For the purposes of paragraph (1) –
(a)subject to sub-paragraph (b), whether a person is or has been a member (including a retired member or a student member) of a trade union is to be decided in accordance with the rules of that trade union;
(b)“member” of a trade union does not include a person who, under those rules, is a member only for the purpose of pursuing a claim or claims; and
(c)whether a person is a member of the family of a member of a trade union is to be decided in accordance with the rules of that trade union.
(4) An exemption of a trade union under this article is subject to compliance by the trade union with the condition that the trade union, in carrying on a regulated claims management activity, must act in accordance with the code of practice for the provision of regulated claims management activities by trade unions issued by the Treasury.]
Textual Amendments
F1Pt. 3B inserted (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), art. 1(2)(3), 7