Status: You are viewing the version of the handbook as on 2009-03-31.

consumer

      1. (1) (except as specified in this definition) any natural person acting for purposes outside his trade, business or profession.52[Note: article 2 of the Distance Marketing Directive, article 2 of the Unfair Terms in Consumer Contracts Directive (93/13/EEC) and article 2 of the E-Commerce Directive]52
      1. 52(2)52 (in relation to the FSA's power to make general rules (section 138 of the Act (General rule-making power))) the approval requirements for controllers (section 186 of the Act (Objection to acquisition of control)), the publication of notices (section 391 of the Act (Publication)) and the exercise of Treaty rights (Schedule 4 to the Act (Treaty rights))) (as defined in section 138(7) of the Act (General rule-making power)) a person:
        1. (a) who uses, has used, or is or may be contemplating using, any of the services provided by:
          1. (i) an authorised person in carrying on regulated activities; or
          1. (ii) a person acting as an appointed representative, or where applicable, a tied agent67; or
        1. (b) who has rights or interests which are derived from, or are otherwise attributable to the use of, any such services by another person; or
        1. (c) who has rights or interests which may be adversely affected by the use of any such services by a person acting on his behalf or in a fiduciary capacity in relation to him; or
        1. (d) (in relation to the FSA's power to make general rules) a person within the extended definition of consumer in article 3 of the Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) Order 2001 (SI 2001/1821) (Application of definition of "consumer" to users of regulated services before commencement);
        1. (e) (in relation to the FSA's power to make general rules) a person within the extended definition of consumer in article 4 of the Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (SI 2002/1501) (Application of definition of "consumer" to customers of credit unions before commencement);

    for the purposes of this definition:

      1. (A) if an authorised person is carrying on a regulated activity in his capacity as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used or are or may be contemplating using services provided by the authorised person in his carrying on of that activity;
      1. (B) a person who deals with an authorised person in the course of the authorised person's carrying on of a regulated activity is to be treated as using services provided by the authorised person in carrying on those activities.
      1. 52(3)52 (in relation to the protection of consumers objective (section 5 of the Act (The protection of consumers)) and independent inquiries (section 14 of the Act (Cases in which the Treasury may arrange independent inquiries))) (as defined in sections 5(3) and 14(5) of the Act) a person:
        1. (a) within 78(2);78or
        1. (b) who, in relation to regulated activities carried on otherwise than by an authorised person, would be a consumer within 78(2) 78if the activities were carried on by an authorised person.
      1. 52(4)52 (in relation to the establishment and maintenance of the Consumer Panel (section 10 of the Act (The Consumer Panel))) (as defined in section 10(7) of the Act) a person within 78(3)78other than an authorised person.