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Article 40 Meaning of “relevant person”I1I2

England, Wales and Scotland

(1)

In this Chapter “relevant person” means a person who—

(a)

immediately before 1st April 2019, was a 2006 Act authorised person; and

(b)

on 1st April 2019, is treated, by virtue of article 80(5), as having a Part 4A permission to carry on a regulated claims management activity.

(2)

Where the conditions set out in paragraph (3) are met, the reference in paragraph (1)(a) to a 2006 Act authorised person includes a person (“P”) who received from the Regulator written notice given under regulation 47 of the 2006 Regulations of a decision to cancel P’s authorisation (“the cancellation decision”).

(3)

The conditions are that the cancellation decision had effect before 1st April 2019, and—

(a)

where, before 1st April 2019, P submitted notice of an appeal to the First-tier Tribunal under section 13 of the 2006 Act with respect to the cancellation decision, the appeal—

(i)

has not been determined; or

(ii)

has been determined by a remittal of the cancellation decision to the Regulator under section 13(3)(e) of the 2006 Act but a further decision by the Regulator in relation to the cancellation decision has not been taken; or

(b)

where, before 1st April 2019, P did not submit such notice of appeal, the period within which an appeal may be made has not ended on that date.

Annotations

Commencement

I1

Art. 40 in force at 29.11.2018 for specified purposes, see art. 1(2)

I2

Art. 40 in force at 1.4.2019 in so far as not already in force, see art. 1(3)