89.—(1) For the purposes of the provisions listed in paragraph (2), “consumer” includes a person—
(a)who before 1st April 2019 received services from persons authorised, or by any person providing services for which an authorisation was required, under section 5 of the 2006 Act;
(b)who has rights or interests which are derived from, or are otherwise attributable to, the use of any such services by other persons;
(c)who has rights or interests which may be adversely affected by the use of any such services by a person acting on their behalf or in a fiduciary capacity in relation to them; or
(d)in respect of whom a person carries on an activity specified in article 89G of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1), whether that activity is a regulated activity or is, by reason of an exclusion provided for under the 2001 Order or under the 2000 Act, not a regulated activity.
(2) The provisions are—
(a)section 1G of the 2000 Act(2) (meaning of “consumer”);
(b)section 404E of the 2000 Act(3) (meaning of “consumers”); and
(c)section 425A of the 2000 Act(4) (consumers: regulated activities etc carried on by authorised persons).
(3) For the purposes of this article—
(a)where a person provided a service mentioned in paragraph (1) as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used, or may use the service; and
(b)a person who deals, or dealt, with another person (“A”) in the course of A providing a service mentioned in paragraph (1) is to be treated as using, or having used, the service.
Section 1G was inserted by the Financial Services Act 2012, section 6.
Section 404E was substituted by the by the Financial Services Act 2010 (c. 28).
Section 425A was inserted by the Financial Services Act 2010, section 24(1).