{
  "url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-89",
  "json_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-89.json",
  "legislation": "ukdsi/2018/9780111172964",
  "legislation_title": "The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018",
  "legislation_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018",
  "path": "article/89",
  "kind": "article",
  "number": "89",
  "heading": "Definition of “consumer”",
  "text": "(1) For the purposes of the provisions listed in paragraph (2), “consumer” includes a person—\n(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;\n(b) who has rights or interests which are derived from, or are otherwise attributable to, the use of any such services by other persons;\n(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\n(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, 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.\n(2) The provisions are—\n(a) section 1G of the 2000 Act (meaning of “consumer”);\n(b) section 404E of the 2000 Act (meaning of “consumers”); and\n(c) section 425A of the 2000 Act (consumers: regulated activities etc carried on by authorised persons).\n(3) For the purposes of this article—\n(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\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2001/544."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 1G was inserted by the Financial Services Act 2012, section 6."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 404E was substituted by the by the Financial Services Act 2010 (c. 28)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 425A was inserted by the Financial Services Act 2010, section 24(1)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111172964/article/89",
    "retrieved_at": "2026-10-30T15:04:00.486580+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}