Article 89E Meaning of “consumer” etc.F1

United Kingdom

(1)

For the purposes of sections 1G, 404E and 425A of the Act (meaning of “consumer”)—

(a)

an individual or a relevant recipient of credit who is, may be, has been or may have been the subject of the information referred to in article 89A, and

(b)

an individual or a relevant recipient of credit who is, may be, has been or may have been the subject of information furnished in the course of a person carrying on an activity of the kind specified by article 89B, F2or article 64 (agreeing to carry on specified kinds of activity) in so far as that article relates to article 89B,

is to be treated as a “consumer”.

(2)

For the purposes of section 328(8) of the Act (meaning of “clients”)—

(a)

an individual or a relevant recipient of credit who is, may be, has been or may have been the subject of the information referred to in article 89A, and

(b)

an individual or a relevant recipient of credit who is, may be, has been or may have been the subject of information furnished in the course of a person carrying on an activity of the kind specified by article 89B, F3or article 64 (agreeing to carry on specified kinds of activity) in so far as that article relates to article 89B,

is to be treated as a “client”.

Annotations

Textual amendments

F1: Pt. 3A inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), 8(2)
F2: Words in art. 89E(1)(b) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), art. 1(3)(4), 2(46)
F3: Words in art. 89E(2)(b) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), art. 1(3)(4), 2(46)