The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

[F1 The activities U.K.

Textual Amendments

F1 Pt. 3A inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), 8(2)

Providing credit information services U.K.

89A.— (1) Taking any of the steps in paragraph (3) on behalf of an individual or relevant recipient of credit is a specified kind of activity.

(2) Giving advice to an individual or relevant recipient of credit in relation to the taking of any of the steps specified in paragraph (3) is a specified kind of activity.

(3) Subject to paragraph (4), the steps specified in this paragraph are steps taken with a view to—

(a) ascertaining whether a credit information agency holds information relevant to the financial standing of an individual or relevant recipient of credit;

(b) ascertaining the contents of such information;

(c) securing the correction of, the omission of anything from, or the making of any other kind of modification of, such information;

(d) securing that a credit information agency which holds such information—

(i) stops holding the information, or

(ii) does not provide it to any other person.

(4) Steps taken by a credit information agency in relation to information held by that agency are not steps specified in paragraph (3).

(5) Paragraphs (1) and (2) do not apply to an activity of the kind specified by article 36H (operating an electronic system in relation to lending).

(6) “Credit information agency” means a person who carries on by way of business an activity of the kind specified by any of the following—

(a) article 36A (credit broking);

(b) article 39D (debt adjusting);

(c) article 39E (debt-counselling);

(d) article 39F (debt-collecting);

(e) article 39G (debt administration);

(f) article 60B (regulated credit agreements) disregarding the effect of article 60F;

(g) article 60N (regulated consumer hire agreements) disregarding the effect of article 60P;

(h) article 89B (providing credit references).

Providing credit references U.K.

89B.— (1) Furnishing of persons with information relevant to the financial standing of individuals or relevant recipients of credit is a specified kind of activity if the person has collected the information for that purpose.

(2) There are excluded from paragraph (1) activities carried on in the course of a business which does not primarily consist of activities of the kind specified by paragraph (1).

(3) Paragraph (1) does not apply to an activity of the kind specified by article 36H (operating an electronic system in relation to lending).

[F2 Operating a pensions dashboard service U.K.

89BA.— (1) Operating a pensions dashboard service which connects to the Money and Pensions Service dashboards digital architecture is a specified kind of activity.

(2) This article does not apply to the Money and Pensions Service.

(3) In this Order—

“connect to the Money and Pensions Service dashboards digital architecture” means connect to the information technology systems delivered by or on behalf of the Money and Pensions Service that enable the interconnected system comprised of the following elements to work—

(a)

the Money and Pensions Service dashboards digital architecture,

(b)

the pensions dashboard services that connect to the Money and Pensions Service dashboards digital architecture,

(c)

the interfaces of pension schemes that connect to the Money and Pensions Service dashboards digital architecture,

(d)

the interfaces of pension schemes that connect to pensions dashboard services, and

(e)

any other party or service that needs to be connected in order for the system to work;

“pensions dashboard service” has the same meaning as in section 238A(1) of the Pensions Act 2004.]]

Textual Amendments

F2 Art. 89BA inserted (11.3.2024) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2024 (S.I. 2024/169), arts. 1(2), 2(4)