{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-40",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-40.json",
  "legislation": "uksi/2018/1253",
  "legislation_title": "The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018",
  "legislation_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-claims-management-activity-order-2018",
  "path": "article/40",
  "kind": "article",
  "number": "40",
  "heading": "Meaning of “relevant person”",
  "text": "(1) In this Chapter “relevant person” means a person who—\n(a) immediately before 1st April 2019, was a 2006 Act authorised person; and\n(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.\n(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”).\n(3) The conditions are that the cancellation decision had effect before 1st April 2019, and—\n(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—\n(i) has not been determined; or\n(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\n(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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 40 in force at 29.11.2018 for specified purposes, see art. 1(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Art. 40 in force at 1.4.2019 in so far as not already in force, see art. 1(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2018/1253/article/40",
    "retrieved_at": "2026-10-28T22:51:31.825477+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."
}