Section 404E: Meaning of "consumers"

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part XXVIII: Miscellaneous

For the purposes of sections 404 to 404B "consumers" means persons who—

who have used, or may have contemplated using, any of the services within subsection (2); or
who have relevant rights or interests in relation to any of the services within that subsection ; or

The services within this subsection are services provided by—

authorised persons in carrying on regulated activities;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
authorised persons in communicating, or approving the communication by others of, invitations or inducements
to engage in investment activity ; or
to engage in claims management activity;
authorised persons who are investment firms, or credit institutions, in providing relevant ancillary services;
persons acting as appointed representatives; . . .
payment service providers in providing payment services. or
electronic money issuers in issuing electronic money.

A person ("P") has a "relevant right or interest" in relation to any services within subsection (2) if P has a right or interest—

which is derived from, or is otherwise attributable to, the use of the services by others; or
which may be adversely affected by the use of the services by persons acting on P's behalf or in a fiduciary capacity in relation to P.

If a person is providing a service within subsection (2) as a trustee, the persons who have been, or may have been, beneficiaries of the trust are to be treated as persons who have used, or may have contemplated using, the service.

A person who deals with another person ("B") in the course of B providing a service within subsection (2) is to be treated as using the service.

In this section—

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  • "engage in claims management activity" has the meaning given by section 21;

  • "engage in investment activity" has the meaning given by section 21;

  • "electronic money" has the same meaning as in the Electronic Money Regulations 2011 and any reference to issuing electronic money must be read accordingly;

  • "payment services" has the same meaning as in the Payment Services Regulations 2017;

  • "payment service provider" means a person who is a payment service provider for the purposes of those regulations as a result of falling within any of paragraphs (a) to (g) of the definition in regulation 2(1);

  • "relevant ancillary services" has the meaning given by section 138(1C).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.