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Article 2 Carrying on a regulated claims management activity in Great BritainI1I2

England, Wales and Scotland

(1)

A person is to be treated as carrying on a regulated claims management activity in Great Britain when the activity is carried on—

(a)

by a person who is—

(i)

an individual who is ordinarily resident in Great Britain; or

(ii)

a person, other than an individual, who is constituted under the law of England and Wales or Scotland; or

(b)

in respect of a claimant or pursuer, or potential claimant or potential pursuer who is—

(i)

an individual who is ordinarily resident in Great Britain; or

(ii)

a person, other than an individual, who is constituted under the law of England and Wales or Scotland.

(2)

For the purposes of this article—

(a)

a person is “ordinarily resident” in Great Britain if that person satisfies the requirements of the Statutory Residence Test as set out in Schedule 45 to the Finance Act 2013f1 either—

(i)

at the time of the facts giving rise to the claim or potential claim; or

(ii)

at the time when the regulated claims management activity is carried out in respect of that claimant or pursuer or potential claimant or potential pursuer;

(b)

the references to the “the UK” in the Statutory Residence Test in Schedule 45 are to be read as if they were expressed as references to “Great Britain”.

Annotations

Commencement

I1

Art. 2 in force at 29.11.2018 for specified purposes, see art. 1(2)

I2

Art. 2 in force at 1.4.2019 in so far as not already in force, see art. 1(3)

Footnotes

f1

2013 c. 29.