OpenLegislation

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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111172964

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 429(1), (3), (4)(d) and (e), (7A) and (7B) of, and paragraph 26(2) of Schedule 2 to, the Financial Services and Markets Act 2000, for approval by resolution of each House of Parliament.

Financial Services And Markets

Made ***

Coming into force in accordance with article 1(2) and (3)

The Treasury make the following Order in exercise of the powers conferred by sections 21(5), (6), (10B) and (12A)f1, 22(1B)f2, 419A(4), 419Bf3 and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000f4 (“the 2000 Act”).

In the opinion of the Treasury, one of the effects of the following Order is that an activity which is not a regulated activity (within the meaning of the 2000 Act) will become a regulated activity.

In accordance with section 429(1), (3), (4) (d) and (e), (7A) and (7B)f5 of, and paragraph 26(2) of Schedule 2 to, the 2000 Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

Subsections (10B) and (12A) of section 21 was inserted by section 27(3) of the Financial Guidance and Claims Act 2018 (c. 10) (“the 2018 Act”). See subsection (15) for the meaning of “specified”.

f2

Subsection (1B) of section 22 was inserted by section 27(4) of the 2018 Act c. 10. See subsection (5) for the meaning of “specified”.

f3

Sections 419A and 419B were inserted by section 27(11) of the 2018 Act.

f4

2000 c. 8.

f5

In section 429, subsection (4)(e) was amended, and subsections (7A) and (7B) were inserted, by section 27(12) of the 2018 Act.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement, interpretation and extent
  3. 2Carrying on a regulated claims management activity in Great Britain
  4. Part 2: Amendments to secondary legislation made under the 2000 Act
  5. 3The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  6. 4The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  7. 5The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  8. 6The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  9. 7The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  10. 8The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  11. 9The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  12. 10The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  13. 11The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  14. 12The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  15. 13The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  16. 14The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  17. 15The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  18. 16The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  19. 17The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  20. 18The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  21. 19The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  22. 20The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  23. 21The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  24. 22The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  25. 23The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  26. 24The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  27. 25The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  28. 26The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  29. 27The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  30. 28The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  31. 29The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  32. 30The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  33. 31The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  34. 32The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  35. 33The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  36. 34The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  37. 35The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  38. 36The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  39. 37The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  40. 38The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  41. Part 3: Transitional provisions
  42. Chapter 1: Interpretation
  43. 39Interpretation
  44. Chapter 2: Authorisation and regulation of 2006 Act authorised persons
  45. 40Meaning of “relevant person”
  46. 41Applications for authorisation made to the Regulator: authorisation by the FCA
  47. 42Applications for authorisation made to the Regulator: appeal of decision
  48. 43Proposal by the Regulator to vary authorisation: determination by the FCA
  49. 44Variation of authorisation by the Regulator: appeal of decision
  50. 45Proposal by the Regulator to cancel authorisation: determination by the FCA
  51. 46Cancellation of authorisation by the Regulator: appeal of decision
  52. 47Proposal by the Regulator to suspend authorisation: determination by the FCA
  53. 48Suspension of authorisation by the Regulator: appeal of decision
  54. 49Notice by the Regulator of proposed direction
  55. 50Compliance with information requirement imposed by the Regulator
  56. 51Penalties for conduct for which the Regulator has not given notice of proposed penalty
  57. 52Penalties for conduct for which the Regulator has given notice of proposed penalty
  58. 53Penalties for conduct for which the Regulator has given penalty decision: appeal of decision
  59. 54Penalties for conduct for which the Regulator has given penalty decision: penalty due
  60. 55Investigation and prosecution after 1st April 2019 in relation to conduct before that date
  61. 56Unprofessional conduct: continuation of investigation commenced by the Regulator
  62. 57Offences under the 2006 Act: continuation of investigation commenced by the Regulator and institution of criminal proceedings
  63. 58Continuation of criminal proceedings instituted by the Regulator
  64. 59Continuation of injunction applications made by the Regulator
  65. 60Continuation of application made by the Regulator for a search warrant
  66. 61Retention of records seized by an officer of the Regulator
  67. 62Decision notices
  68. 63Conditions and directions
  69. 64Fees and invoices
  70. Chapter 3: Appeals and references
  71. 65Continuation of appeals commenced before 1st April 2019
  72. 66Right to appeal after 1st April 2019 against a decision of the Regulator
  73. 67Continuation of references made by the Regulator to the First-tier Tribunal
  74. Chapter 4: Complaints: the Legal Ombudsman and the Financial Ombudsman Service
  75. 68Interpretation
  76. 69Complaints made before 1st April 2019 not concluded by that date
  77. 70Complaints made on or after 1st April 2019 about acts or omissions before that date
  78. 71Procedure for dealing with relevant complaints
  79. 72Determination of relevant existing complaints
  80. 73Determination of relevant new complaints
  81. 74Funding and charges
  82. 75Surplus fees
  83. 76Exemption from liability in damages
  84. 77Privilege
  85. 78Record-keeping and reporting requirements relating to relevant complaints
  86. 79Information and reports
  87. Chapter 5: Temporary Permission
  88. 80Temporary permission
  89. 81Procedure for notifying the FCA of a desire to be registered for temporary permission
  90. 82Duration of temporary permission
  91. 83Application of the 2000 Act to persons with a temporary permission
  92. Part 4: Rules and guidance
  93. 84Claims management related rules and guidance made by the FCA
  94. 85Designation by the FCA of the Regulator’s Rules
  95. Part 5: Miscellaneous
  96. 86Interpretation
  97. 87Legal professional privilege
  98. 88Complaints against the Regulator where no determination made before 1st April 2019
  99. 89Definition of “consumer”
  100. Part 6: Consequential amendments, revocations and saving and supplemental provisions
  101. Chapter 1: Amendment of primary legislation
  102. 90Courts and Legal Services Act 1990
  103. 91Financial Services and Markets Act 2000
  104. 92Enterprise Act 2002
  105. 93Compensation Act 2006
  106. 94Tribunals, Courts and Enforcement Act 2007
  107. 95Legal Services Act 2007
  108. 96Legal Aid, Sentencing and Punishment of Offenders Act 2012
  109. 97Crime and Courts Act 2013
  110. 98Financial Services (Banking Reform) Act 2013
  111. Chapter 2: Amendment of secondary legislation
  112. 99Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
  113. 100Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  114. 101Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011
  115. 102Damages-Based Agreements Regulations 2013
  116. 103Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013
  117. 104Economic Growth (Regulatory Functions) Order 2017
  118. Chapter 3: Revocations
  119. 105Revocations
  120. Chapter 4: Saving and supplemental provisions
  121. General provision
  122. 106General scope of saving provisions
  123. Primary legislation
  124. 107Courts and Legal Services Act 1990
  125. 108Compensation Act 2006
  126. 109Legal Services Act 2007
  127. 110Legal Aid, Sentencing and Punishment of Offenders Act 2012
  128. Secondary legislation
  129. 111Compensation (Claims Management Services) Regulations 2006
  130. 112Damages-Based Agreements Regulations 2013
  131. Part 7: Review
  132. 113Review
  133. Signature
  134. Explanatory note