This chapter applies to the FSCS.

A protected claim is:

1. (1)

   [deleted]9

   6
2. (2)

   [deleted]9

3. (3)

   a claim in connection with protected investment business (see COMP 5.5); or3

4. (4)

   a claim in connection with protected home finance mediation5 (see COMP 5.6); or34

   5
5. (5)

   a claim in connection with protected non-investment insurance distribution11 (see COMP 5.7); or9

   42
6. (6)

   9a claim in connection with protected debt management business (see COMP 5.8).

7Notwithstanding COMP 5.2.1 R and paragraph (1)(d) of the definition of participant firm,910 where the relevant person is in default:

1. (1)

   is an authorised professional firm that is subject to the rules of the Law Society (England and Wales) or the Law Society of Scotland; and

2. (2)

   with respect to its regulated activities, does not participate in the relevant society's compensation scheme:

a claim with respect to that person is only a protected claim if, when the basis for the claim arose, that person did not participate in the relevant society's compensation scheme with respect to its regulated activities.

2A protected deposit continues to be a protected deposit if, under a transfer of banking business, it is transferred to:

1. (1)

   an establishment of a relevant person in the United Kingdom; or

2. (2)

   a branch of a UK firm which is a credit institution established in another EEA State under an EEA right.

Protected investment business is:

1. (1)

   designated investment business carried on by the relevant person with, or for the benefit of, the claimant (so long as that claimant has a claim), or as agent on the claimant's behalf;2

   2
2. (2)

   the activities of the manager or trustee of an AUT, provided that the claim is made by a holder;

3. (3)

   the activities of the ACD or depositary of an ICVC, provided that the claim is made by a holder;

4. (4)

   the activities of the authorised contractual scheme manager or depositary of an ACS, provided that the claim is made by a holder;6

5. (5)

   the activities of the manager or depositary of an LTIF14, provided that the claim is made by a holder; 9

6. (5A)

   the activities by a recognised investment exchange of operating a multilateral trading facility or operating an organised trading facility,12

7. (6)

   10the intermediation of structured deposits,

provided that the territorial scope condition in COMP 5.5.2 R is satisfied and, for a firm acting as the manager or depositary of a fund, one of the conditions in COMP 5.5.3 R is satisfied.7

The territorial scope condition is that7 the protected investment business was carried on from:

1. (1)

   an establishment of the relevant person in the United Kingdom; or15

   13
2. (2)

   [deleted]13

3. (3)

   [deleted]13

   5
4. (4)

   [deleted]13

   77
5. (5)

   [deleted]13

   7
6. (6)

   an establishment in an EEA State of the relevant person, if it is a TP firm (other than a supervised run-off firm) that is:15

   1. (a)

      managing a UK UCITS; or15

   2. (b)

      managing an AIF that is an authorised fund.15

7The conditions referred to in COMP 5.5.1 R for a manager or depositary of a fund are:

1. (1)

   for the activities of managing an AIF, managing a UK UCITS13 or establishing, operating or winding up a collective investment scheme, the claim is in respect of an investment in:

   10
   1. (a)

      an authorised fund; or

   2. (b)

      any other fund which has its registered office or head office in the UK or is otherwise domiciled in the UK unless it is an AIF that is a body corporate and not a collective investment scheme9;

2. (2)

   where a firm is acting as depositary of a fund10, the claim is in respect of their activities for:9

   1. (a)

      an authorised fund10; or

   2. (b)

      a charity AIF unless it is a body corporate that is not a collective investment scheme9.

      8

11The FSCS must treat a claim relating to advice in relation to a designated investment that falls outside article 53(1) of the Regulated Activities Order by virtue of article 53(1A) of that Order as being ‘in connection with protected investment business’ for the purposes of COMP 5.2.1R(3) where the relevant person giving the advice, at the time the act or omission giving rise to the claim took place:

1. (1)

   had, or required, permission to carry on; or

2. (2)

   (in the case of an appointed representative) was exempt from the general prohibition in respect of,

an activity that was designated investment business.

Protected home finance mediation2 is:

1. (1)

   advising on a home finance transaction;2 or

   2
2. (2)

   arranging (bringing about) a home finance transaction;2 or

   2
3. (3)

   making arrangements with a view to a home finance transaction2; or

   2
4. (4)

   agreeing to carry on a regulated activity in (1) to (3); or

5. (5)

   the activities of a home finance provider2 which would be arranging but for article 28A of the Regulated Activities Order (Arranging contracts or plans2 to which the arranger is a party);

   2

provided that the condition in COMP 5.6.2 R is satisfied.

COMP 5.6.1 R applies only if the protected home finance mediation2 was carried on by a relevant person with a customer who was a resident in the United Kingdom5 at the time the protected home finance mediation was carried on.

3This section does not apply in respect of a regulated mortgage contract which is:4

1. (1)

   4a legacy CCA mortgage contract; or

2. (2)

   4a CBTL credit agreement.

Protected non-investment insurance distribution is an insurance distribution activity7 where the investment concerned is a relevant general insurance contract or a pure protection contract but3 which is not a long-term care insurance contract or a 3reinsurance contract, provided that the conditions4 in COMP 5.7.2 R are4 satisfied.12

COMP 5.7.1 R only applies if the conditions in (1) and (2) are satisfied:3

1. (1)

   the protected non-investment insurance distribution7 was carried on from an establishment of the relevant person in the United Kingdom; and 8

   33
2. (2)

   the claimant making the claim (or where COMP 3.2.4 R applies, the customer on behalf of whom a firm makes a claim) dealt initially, with a view to entering into a relevant general insurance contract or a pure protection contract but not a long-term care insurance contract or a reinsurance contract, with an intermediary that was established in the United Kingdom.8

   344

6The FSCS must treat a claim relating to advice on a relevant general insurance contract or a pure protection contract (which is not a long-term insurance contract or a reinsurance contract) that falls outside article 53(1) of the Regulated Activities Order by virtue of article 53(1A) of that Order as being ‘in connection with protected non-investment insurance business’ for the purposes of COMP 5.2.1R(5) where the relevant person giving the advice, at the time the act or omission giving rise to the claim took place:

1. (1)

   had, or required, permission to carry on; or

2. (2)

   (in the case of an appointed representative) was exempt from the general prohibition in respect of,

an activity that was non-investment insurance business.

1 Protected debt management business is debt management activity carried out by a CASS debt management firm from an establishment maintained by it in the United Kingdom, but only in so far as the claim relates to a shortfall in client money.