PART 1Introductory provisions

Citation, commencement, interpretation and extent1

1

This Order may be cited as the Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018.

2

This Order comes into force on the day after the day on which it is made for the purpose only of—

a

enabling the Financial Conduct Authority—

i

to make rules;

ii

to give guidance;

iii

to impose requirements or make directions;

iv

to approve rules;

v

to make a designating instrument pursuant to article 85;

vi

to claim legal professional privilege or, in Scotland, confidentiality of communications pursuant to article 87; and

b

enabling the Financial Ombudsman Service—

i

to make rules;

ii

to make standard terms; and

iii

to claim legal professional privilege or, in Scotland, confidentiality of communications pursuant to article 87.

3

This Order comes into force on 1st April 2019 for all other purposes.

4

In this Order “the 2000 Act” means the Financial Services and Markets Act 2000.

5

Subject to paragraph (6), this Order extends to England and Wales and Scotland.

6

Articles 90, 93, 95, 96, 101, 102 and 103 extend to England and Wales only.

Carrying on a regulated claims management activity in Great Britain2

1

A person is to be treated as carrying on a regulated claims management activity in Great Britain when the activity is carried on—

a

by a person who is—

i

an individual who is ordinarily resident in Great Britain; or

ii

a person, other than an individual, who is constituted under the law of England and Wales or Scotland; or

b

in respect of a claimant or pursuer, or potential claimant or potential pursuer who is—

i

an individual who is ordinarily resident in Great Britain; or

ii

a person, other than an individual, who is constituted under the law of England and Wales or Scotland.

2

For the purposes of this article—

a

a person is “ordinarily resident” in Great Britain if that person satisfies the requirements of the Statutory Residence Test as set out in Schedule 45 to the Finance Act 20136 either—

i

at the time of the facts giving rise to the claim or potential claim; or

ii

at the time when the regulated claims management activity is carried out in respect of that claimant or pursuer or potential claimant or potential pursuer;

b

the references to the “the UK” in the Statutory Residence Test in Schedule 45 are to be read as if they were expressed as references to “Great Britain”.