Article 89 Definition of “consumer”

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;

who has rights or interests which are derived from, or are otherwise attributable to, the use of any such services by other persons;

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

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^f1, 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.

section 1G of the 2000 Act^f2 (meaning of “consumer”);

section 404E of the 2000 Act^f3 (meaning of “consumers”); and

section 425A of the 2000 Act^f4 (consumers: regulated activities etc carried on by authorised persons).

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

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.