SCHEDULE 1

PART IControlled Activities

Providing funeral plan contracts

9.

(1)

Entering as provider into a qualifying funeral plan contract is a controlled activity.

F1(1A)

Carrying out a qualifying funeral plan contract as provider is a controlled activity.

(2)

A “qualifying funeral plan contract” is a contract under which—

(a)

a person (“the customer”) makes one or more payments to another person (“the provider”);

(b)

the provider undertakes to provide, or to secure that another person provides, a funeral in the United Kingdom for the customer (or some other person who is living at the date when the contract is entered into) on his death; and

F2(c)

the provider is a person who carries on the regulated activity specified in article 59 of the Regulated Activities Order.

F2(c)

the provider is a person who carries on a regulated activity specified in article 59 of the Regulated Activities Order and includes a person who has assumed the undertaking referred to in article 59(2)(b) of that Order as a result of the novation, assignment or transfer by operation of law of an existing qualifying funeral plan contract.