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The Financial Guidance and Claims Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2018

S.I. 2018/987 · Made 6 September 2018

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.

Electronic Communications

Made 6th September 2018

The Secretary of State, in exercise of the powers conferred by section 37(5), (7) and (9) of the Financial Guidance and Claims Act 2018f1 makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2018 c.10.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Commencement of section 35 of the Act
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation

These Regulations may be cited as the Financial Guidance and Claims Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2018.

2Interpretation

In these Regulations—

  • “the Act” means the Financial Guidance and Claims Act 2018;

  • “the 2003 Regulations” means the Privacy and Electronic Communications (EC Directive) Regulations 2003f1;

  • “call” has the meaning given to it in regulation 2(1) of the 2003 Regulations.

3Commencement of section 35 of the Act

Section 35 (cold calling about claims management services) of the Act comes into force on 8th September 2018.

4Transitional provision

The changes made to the 2003 Regulations by section 35 of the Act do not apply to calls commenced before 8th September 2018.

Signature

Signed by authority of the Secretary of State

Margot James

Minister for Digital and the Creative Industries

Department for Digital, Culture, Media and Sport

6th September 2018

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force section 35 of the Financial Guidance and Claims Act 2018 (“the Act”).

Section 35 of the Act amends the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“the 2003 Regulations”) by amending regulations 21 and 24 and inserting new regulation 21A.

The principal changes create a special class of unsolicited marketing calls relating specifically to claims management services (“cold claims calls”) and prohibit people from making such calls unless recipient subscribers have previously opted in to receiving them.

The consequential changes to regulation 24 ensure that people making cold claims calls remain under a duty to provide recipients with their name and, if requested, their address and a contact number that is free to call.

Regulation 4 of these Regulations contains a transitional measure which provides that the changes made to the 2003 Regulations by section 35 of the Act will not apply to calls already in progress on commencement of that section.