The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018

CHAPTER 1 Interpretation

Interpretation

39.—(1) In this Part—

“the 2006 Act” means the Compensation Act 2006(1);

“the 2007 Act” means the Legal Services Act 2007(2);

“the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(3);

“the 2006 Regulations” means the Compensation (Claims Management Services) Regulations 2006(4);

“a 2000 Act authorised person” means a person given a Part 4A permission;

“a 2006 Act authorised person” means an authorised person within the meaning given by section 4(2)(a) of the 2006 Act;

“Part 4A permission” means a permission given under Part 4A of the 2000 Act (permission to carry on regulated activities);

“the Regulator” means the Secretary of State(5).

(2) A reference to the Regulator includes a reference to a person acting on behalf of the Regulator or with the Regulator’s authority.

(3) An appeal submitted to the First-tier Tribunal under section 13 of the 2006 Act has not been determined when—

(a) such an appeal is awaiting determination by the First-tier Tribunal;

(b) an application for permission to appeal under section 11, 13, 14A or 14B of the Tribunals, Courts and Enforcement Act 2007(6) (“the Tribunals Act 2007”) could be made or is awaiting determination (other than an application out of time with permission);

(c) an appeal under section 11, 13, 14A or 14B of the Tribunals Act 2007 is awaiting determination; or

(d) an appeal decision has been reviewed by the First-tier Tribunal under section 9 or by the Upper Tribunal under section 10 of the Tribunals Act 2007 and is awaiting a further determination.

(1)

2006 c. 29.

(2)

2007 c. 29.

(3)

S.I. 2001/544.

(4)

S.I. 2006/3322.

(5)

For the purposes of Part 6 (legal complaints) of the 2007 Act (see section 161(1)(a) (extension of Part 6 to claims management services)), the Secretary of State (exercising the functions of the Regulator through the Claims Management Regulation Unit under section 5(9) of the 2006 Act), is to be treated as an approved regulator.

(6)

2007 c. 15.