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

[F1CHAPTER VIIAU.K.Assisting in the Administration and Performance of a Contract of Insurance

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

The activityU.K.

Assisting in the administration and performance of a contract of insuranceU.K.

39A.  Assisting in the administration and performance of a contract of insurance is a specified kind of activity.

ExclusionsU.K.

Claims management on behalf of an insurer etc.U.K.

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...

[F4(ii)F5...; or

(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.]

Other exclusionsU.K.

39C.  Article 39A is also subject to the exclusions in articles 66 (trustees etc.), 67 (profession or non-investment business)F7..., 72B (activities carried on by a provider of relevant goods or services), 72C (provision of information about contracts of insurance on an incidental basis) [F8, 72AA (managers of [F9UK UCITS] and AIFs) [F10, 72D (large risks contracts where risk situated [F11outside the United Kingdom]), 72G (local authorities) and 72H (insolvency practitioners)])].]