Statutory Instruments

2001 No. 1217

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001

Made

28th March 2001

Laid before Parliament

28th March 2001

Coming into force in accordance with article 1(1)

The Treasury, in exercise of the powers conferred on them by sections 39(1) and 417(1)( 1 ) of the Financial Services and Markets Act 2000( 2 ) (“the Act”), hereby make the following Regulations:

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001, and come into force on the day on which section 19 of the Act comes into force.

(2) In these Regulations—

“buy”, “sell”, “security” ,“contract of insurance”, “qualifying contract of insurance” , “relevant investment” and “structured deposit” have the same meaning as in the Regulated Activities Order;
“contract of long-term care insurance” means a contract of insurance in respect of which the following conditions are met—
(a)
the purpose (or one of the purposes) of the policy is to protect the policyholder against the risk of becoming unable to live independently without assistance in consequence of a deterioration of mental or physical health, injury, sickness or other infirmity;
(b)
benefits under the contract are payable in respect of—
(i)
services,
(ii)
accommodation, or
(iii)
goods,
which are (or which is) necessary or desirable due to a deterioration of mental or physical health, injury, sickness or other infirmity;
(c)
the contract is expressed to be in effect until the death of the policyholder (except that the contract may give the policyholder the option to surrender the policy); and
(d)
the benefits under the contract are capable of being paid throughout the life of the policyholder;
...
...
“funeral plan contract” has the same meaning as in article 59 of the Regulated Activities Order;
“home purchaser” has the same meaning as in article 63F(3) of the Regulated Activities Order ;
“other counterparties” means persons other than the principal;
“plan provider” has the meaning given by paragraph (3) of article 63B of the Regulated Activities Order , read with paragraphs (7) and (8) of that article;
“the principal”, in relation to a contract, means the party who is an authorised person, and “the representative” means the other party;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001( 3 );
“regulated home purchase plan” has the same meaning as in article 63F(3) of the Regulated Activities Order ;
“regulated home reversion plan” has the same meaning as in article 63B(3) of the Regulated Activities Order ;
“regulated mortgage contract”, and “borrower” in relation to such a contract, have the same meaning as in article 61(3) of the Regulated Activities Order ;
“reversion seller” has the same meaning as in article 63B(3) of the Regulated Activities Order .

Descriptions of business for which appointed representatives are exempt

2.—(1) Subject to paragraph (2), any business which comprises—

(za) an activity of the kind specified by article 21 of the Regulated Activities Order (dealing in investments as agent), where the transaction relates to—

(i) a contract of insurance which is not a qualifying contract of insurance or a contract of long-term care insurance; or

(ii) a funeral plan contract.

(zb) an activity of the kind specified by article 24A of the Regulated Activities Order (bidding in emissions auctions), where that activity does not consist either of a person dealing on his own account or of the execution of orders on behalf of clients within the meaning of Part 3 of Schedule 2 to that Order;

(a) an activity of the kind specified by article 25 of that Order (arranging deals in investments), where the arrangements are for or with a view to transactions relating to securities , relevant investments or structured deposits ;

(ab) an activity of the kind specified by article 25A of that Order (arranging regulated mortgage contracts);

(aba) an activity of the kind specified by article 25B of that Order (arranging regulated home reversion plans);

(abb) an activity of the kind specified by article 25C of that Order (arranging regulated home purchase plans);

(abc) an activity of the kind specified by article 36A of that Order (credit broking);

(abd) an activity of the kind specified by article 36H (operating an electronic system in relation to lending) of that Order;

(ac) an activity of the kind specified by article 39A of that Order (assisting in the administration and performance of a contract of insurance);

(ad) an activity of the kind specified by article 39D of that Order (debt adjusting);

(ae) an activity of the kind specified by article 39E of that Order (debt-counselling);

(af) an activity of the kind specified by article 39F of that Order (debt-collecting);

(ag) an activity of the kind specified by article 39G of that Order (debt administration);

(b) an activity of the kind specified by article 40 of that Order (safeguarding and administering investments), where the activity consists of arranging for one or more other persons to safeguard and administer assets;

(ba) an activity of the kind specified by article 52B of that Order (providing basic advice on stakeholder products);

(ca) an activity of the kind specified by article 53A of that Order (advising on regulated mortgage contracts); ...

(cb) an activity of the kind specified by article 53B of that Order (advising on regulated home reversion plans);

(cc) an activity of the kind specified by article 53C of that Order (advising on regulated home purchase plans); ...

(cca) an activity of the kind specified by article 53DA of that Order (advising on regulated credit agreements for the acquisition of land);

(ccb) an activity of the kind specified by article 53E of that Order (advising on conversion or transfer of pension benefits);

(cd) an activity of the kind specified by article 60B of that Order (regulated credit agreements) when carried on in relation to a credit agreement (within the meaning of that Order) under which the credit is provided free of interest and without any other charges;

(ce) an activity of the kind specified by article 60N of that Order (regulated consumer hire agreements);

(d) an activity of the kind specified by article 64 of that Order (agreeing to carry on activities), so far as relevant to an activity falling within sub-paragraph (za) , (a), (ab), (ac) (ad), (ae), (af), (ag), (aba), (abb), (abc), (b), (c), (ca), (cb) , (cc), (cd) or (ce) ; or

(e) an activity of the kind specified by article 89A of that Order (providing credit information services);

is prescribed for the purposes of subsection (1)(a)(i) of section 39 of the Act (exemption of appointed representatives).

(1A) In its application to a contract with a principal who is a CRR firm, or a relevant investment firm or credit institution, the list in paragraph (1) shall be treated as including in addition—

(a) the activity of placing financial instruments or structured deposits ,

(b) the activity of providing advice to clients or potential clients in relation to the placing of financial instruments or structured deposits .

(1B) In paragraph (1A)—

“ clients ” has the meaning given in Article 2.1.7 of the markets in financial instruments regulation;

“ CRR firm ” has the meaning given in Article 4.1.2A of the capital requirements regulation, except that it does not include an investment firm;

“ financial instruments ” has the meaning given in Article 2.1.9 of the markets in financial instruments regulation;

“ relevant investment firm or credit institution ” means a person falling within Article 1.2(a)(i) of the markets in financial instruments regulation.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements applying to contracts between authorised persons and appointed representatives

3. —(1) It is a prescribed requirement for the purposes of section 39(1)(a)(ii) of the Act that a contract between a principal and a representative must (unless it prohibits the representative from representing other counterparties) contain a provision enabling the principal to—

(a) impose such a prohibition; or

(b) impose restrictions as to the other counterparties which the representative may represent, or as to the types of investment in relation to which the representative may represent other counterparties.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of paragraph (1) a representative is to be treated as representing other counterparties where he—

(aa) he enters into investment transactions as agent (in circumstances constituting the carrying on of an activity of the kind specified by article 21 of the Regulated Activities Order) for other counterparties;

(a) makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25 of that Order ) for persons to enter (or with a view to persons entering) into investment transactions with other counterparties;

(ab) he assists in the administration and performance of a contract of insurance (in circumstances constituting the carrying on of an activity of the kind specified by article 39A of that Order) for other counterparties;

(b) arranges (in circumstances constituting the carrying on of an activity of the kind specified by article 40 of that Order) for other counterparties to safeguard and administer assets; or

(c) gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53(1) of that Order) on the merits of entering into investment transactions with other counterparties;

where an “investment transaction” means a transaction to buy, sell, subscribe for or underwrite an investment which is a security , a relevant investment or a structured deposit .

(3) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he—

(a) makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25A of that Order)—

(i) for persons to enter (or with a view to persons entering) as borrowers into regulated mortgage contracts with other counterparties, or

(ii) for a person to vary a regulated mortgage contract entered into by a person as borrower after the coming into force of article 61 of that Order with other counterparties; ...

(b) gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53A of that Order) on the merits of—

(i) persons entering as borrowers into regulated mortgage contracts with other counterparties, or

(ii) persons varying regulated mortgage contracts entered into by them as borrower after the coming into force of article 61 of that Order with other counterparties; or

(c) gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53DA of that Order) which consists of the provision of personal recommendations to a person in respect of one or more transactions with other counterparties.

(3A) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he—

(a) makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25B of that Order)—

(i) for a person to enter (or with a view to a person entering) as reversion seller or plan provider into a regulated home reversion plan with other counterparties, or

(ii) for a person to vary a regulated home reversion plan entered into on or after 6th April 2007 by him as reversion seller or plan provider with other counterparties; or

(b) gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53B of that Order) on the merits of—

(i) a person entering as reversion seller or plan provider into a regulated home reversion plan with other counterparties, or

(ii) a person varying a regulated home reversion plan entered into on or after 6th April 2007 by him as reversion seller or plan provider with other counterparties.

(3B) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he—

(a) makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25C of that Order)—

(i) for a person to enter (or with a view to a person entering) as home purchaser into a regulated home purchase plan with other counterparties, or

(ii) for a person to vary a regulated home purchase plan entered into on or after 6th April 2007 by a person as home purchaser with other counterparties; or

(b) gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53C of that Order) on the merits of—

(i) a person entering as home purchaser into a regulated home purchase plan with other counterparties, or

(ii) a person varying a regulated home purchase plan entered into on or after 6th April 2007 by him as home purchaser with other counterparties.

(3C) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative effects introductions (in circumstances constituting the carrying on of an activity of the kind specified by article 36A of that Order) of individuals or relevant recipients of credit (within the meaning of that Order) to other counterparties.

(3CA) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative—

(a) facilitates persons becoming the lender and borrower under an article 36H agreement ... on behalf of other counterparties;

(aa) facilitates a person assuming the rights of the lender under an article 36H agreement by assignment or operation of law on behalf of other counterparties;

(b) carries on any of the other activities specified in article 36H(3) of that Order on behalf of other counterparties in the course of, or in connection with, facilitation as mentioned in sub-paragraph (a) or (aa) .

(c) gives advice (in circumstances constituting the carrying on of activity of the kind specified by article 53(2) of that Order) on the merits of—

(i) a person entering into a relevant article 36H agreement as a lender or assuming the rights of a lender under such an agreement by assignment or operation of law,

(ii) a person providing instructions to an operator with a view to entering into a relevant article 36H agreement as a lender or assuming the rights of a lender under such an agreement by assignment or operation of law, where the instructions involve—

(aa) accepting particular parameters for the terms of the agreement presented by an operator,

(bb) choosing between options governing the parameters of the terms of the agreement presented by an operator, or

(cc) specifying the parameters of the terms of the agreement by other means,

(iii) a person enforcing or exercising the lender's rights under a relevant article 36H agreement, or

(iv) a person assigning rights under a relevant article 36H agreement,

on behalf of other counterparties.

(3CB) In paragraph (3CA)—

“ article 36H agreement ” has the meaning given by article 36H of the Regulated Activities Order,

“ lender ” has the meaning given by article 36H of the Regulated Activities Order,

“ operator ” means a person carrying on an activity of the kind specified by article 36H(1) or (2D), and

“ relevant article 36H agreement ” means an article 36H agreement which has been, or is to be, entered into with the facilitation of a person carrying on a regulated activity of the kind specified by article 36H(1) or (2D) not in contravention of the general prohibition.

(3D) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative takes steps (in circumstances constituting the carrying on of an activity of the kind specified by article 39D of that Order) on behalf of other counterparties.

(3E) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative gives advice to a borrower (in circumstances constituting the carrying on of an activity of the kind specified by article 39E ... of that Order) about the liquidation of a debt due under a credit agreement or consumer hire agreement (in each case, within the meaning of that Order) on behalf of other counterparties.

(3F) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative takes steps (in circumstances constituting the carrying on of an activity of the kind specified by article 39F of that Order) to procure the payment of debts on behalf of other counterparties.

(3G) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative performs duties (in circumstances constituting the carrying on of an activity of the kind specified by article 39G of that Order) under, or exercises or enforces rights under, an agreement on behalf of other counterparties.

(3GA) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53E of that Order) on behalf of other counterparties.

(3H) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative enters into regulated credit agreements or exercises or has the right to exercise the lender's rights and duties under such agreements (in circumstances constituting the carrying on of an activity of the kind specified by article 60B of that Order) on behalf of other counterparties

(3I) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative enters into regulated consumer hire agreements or exercises or has the right to exercise the owner's rights and duties under such agreements (in circumstances constituting the carrying on of an activity of the kind specified by article 60N of that Order) on behalf of other counterparties.

(3J) A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where the representative takes steps on behalf of or gives advice to an individual or a relevant recipient of credit in relation to the taking of any steps (in circumstances constituting the carrying on of an activity of the kind specified by article 89A of that Order) on behalf of other counterparties.

(4) Where the contract between the principal and the representative permits or requires the representative to carry on business which includes an activity—

(a) of the kind specified by article 21, 25, 39A or 53 of the Regulated Activities Order or an activity of the kind specified by article 64 of that Order, so far as relevant to any of those articles, and

(b) which relates to a contract of insurance,

paragraph (5) applies.

(5) Where this paragraph applies, it is also a prescribed requirement for the purposes of subsection (1)(a)(ii) of section 39 of the Act that the contract between the principal and the representative contain a provision providing that the representative is not permitted or required to carry on business, so far as it comprises an activity of the kind specified by paragraph (4), unless he is included in the record maintained by the FCA under section 347 of the Act by virtue of article 93 of the Regulated Activities Order (recorded insurance intermediaries).

(6) In the case of a representative to whom section 39(1A) or (1AA) of the Act applies (“R”), it is a prescribed requirement for the purposes of section 39(1)(a)(ii) ... that the contract between the principal and R must—

(a) where section 39(1A) of the Act applies to R, contain a provision that R is only permitted to provide the services and carry on the activities referred to in Part 3 of Schedule 2 to the Regulated Activities Order while R is entered on the applicable register; or

(b) where section 39(1AA) of the Act applies to R, contain a provision that R is only permitted to sell, or advise clients on, structured deposits as defined by Article 2.1.23 of the markets in financial instruments regulation while R is entered on the applicable register.

Transitional provision in relation to contracts

4. Regulation 3(6) does not apply in relation to a contract made on or before 31st October 2007.

Greg Pope

Clive Betts

Two of the Lords Commissioners of Her Majesty’s Treasury

28th March 2001

( 1 )

See definition of “prescribed”.

( 2 )

2000 c. 8 .

( 3 )

S.I. 2001/544 .

footnote	commentary	transitional and savings	related provisions	insert/omit
F1	Words in reg. 1(2) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(2) and amended by S.I. 2004/453 , regs. 1(2)(b) , 2(2) ).			substituted
F2	Words in reg. 1(2) substituted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2017/488) , art. 1(2) , Sch. para. 7(2)			substituted
F3	Words in reg. 1(2) inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2004 (S.I. 2004/453) , regs. 1(2)(a) , 2(3)			inserted
F4	Words in reg. 1(2) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(2) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		omitted
F5	Words in reg. 1(2) inserted (28.1.2021 for specified purposes, 30.7.2022 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2021 (S.I. 2021/90) , arts. 1(2) (3) , 4(2)			inserted
F6	Words in reg. 1(2) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(2)(a)			inserted
F7	Words in reg. 1(2) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(2)(b)			inserted
F8	Words in reg. 1(2) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(2)(c)			inserted
F9	Words in reg. 1(2) inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475) , arts. 1(3) , 23(2)			inserted
F10	Words in reg. 1(2) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(2)(d)			inserted
F11	Reg. 2 renumbered as reg. 2(1) (1.12.2001) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2001 (S.I. 2001/2508) , regs. 1 , 2(a)			renumbered
F12	Words in reg. 2(1) inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2001 (S.I. 2001/2508) , regs. 1 , 2(b)			inserted
F13	Reg. 2(1)(za) substituted (28.1.2021 for specified purposes, 30.7.2022 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2021 (S.I. 2021/90) , arts. 1(2) (3) , 4(3)			substituted
F14	Reg. 2(1)(zb) inserted (20.7.2012) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012 (S.I. 2012/1906) , arts. 1 , 5(b)			inserted
F15	Words in reg. 2(1)(a) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(3)(b)(i)			substituted
F16	Words in reg. 2(1)(a) substituted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2017/488) , art. 1(2) , Sch. para. 7(3)(a) and (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701) , reg. 1(2)(3)(4)(6) , Sch. 3 para. 3(2)(a) (with reg. 7 )		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F17	Reg. 2(1)(ab) inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475) , arts. 1(3) , 23(3)(a)			inserted
F18	Reg. 2(1)(aba) (abb) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(3)(a)			inserted
F19	Reg. 2(1)(abc) 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) , arts. 1(2) (6) , 15(2)(a)			inserted
F20	Reg. 2(1)(abd) inserted (1.4.2014) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2014 (S.I. 2014/206) , regs. 1 , 2(2)			inserted
F21	Reg. 2(1)(ac) inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(3)(c) and amended by S.I. 2004/453 , regs. 1(2)(b) , 3(4) .			inserted
F22	Reg. 2(1)(ad)-(ag) 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) , arts. 1(2) (6) , 15(2)(b)			inserted
F23	Reg. 2(1)(ba) inserted (6.4.2005) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2004 (S.I. 2004/2737) , arts. 1(1) , 5(2)			inserted
F24	Word in reg. 2(1)(c) omitted (31.10.2004) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475) , arts. 1(3) , 23(3)(b)			omitted
F25	Reg. 2(1)(ca) inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475) , arts. 1(3) , 23(3)(c)			inserted
F26	Word in reg. 2(1)(ca) deleted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(3)(b)			deleted
F27	Reg. 2(1)(cb) (cc) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(3)(c)			inserted
F28	Word in reg. 2(1)(cc) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881) , arts. 1(2) (6) , 15(2)(c)			omitted
F29	Reg. 2(1)(cca) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910) , art. 1(5) , Sch. 1 para. 7(2) (with Pt. 4 )			inserted
F30	Reg. 2(1)(ccb) inserted (6.7.2016) by Bank of England and Financial Services Act 2016 (c. 14) , ss. 34(5) , 41(3) (with s. 34(7) ); S.I. 2016/627 , reg. 2(1)(y)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F31	Reg. 2(1)(cd) (ce) 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) , arts. 1(2) (6) , 15(2)(c)			inserted
F32	Words in reg. 2(1)(d) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(3)(d)			substituted
F33	Word in reg. 2(1)(d) substituted (20.7.2012) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012 (S.I. 2012/1906) , arts. 1 , 5(c)			substituted
F34	Words in reg. 2(1)(d) 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) , arts. 1(2) (6) , 15(2)(d)(ii)			inserted
F35	Words in reg. 2(1)(d) substituted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(3)(d)			substituted
F36	Word in reg. 2(1)(d) 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) , arts. 1(2) (6) , 15(2)(d)(i)			inserted
F37	Words in reg. 2(1)(d) substituted (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) , arts. 1(2) (6) , 15(2)(d)(iii)			substituted
F38	Reg. 2(1)(e) and word 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) , arts. 1(2) (6) , 15(2)(e)			inserted
F39	Reg. 2(1A) (1B) inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2006 (S.I. 2006/3414) , regs. 1 , 4(a)			inserted
F40	Words in reg. 2(1A) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(3)(b) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		substituted
F41	Words in reg. 2(1A)(a) inserted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2017/488) , art. 1(2) , Sch. para. 7(3)(b)			inserted
F42	Words in reg. 2(1A)(b) inserted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2017/488) , art. 1(2) , Sch. para. 7(3)(b)			inserted
F43	Reg. 2(1B) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(3)(c) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		substituted
F44	Reg. 2(2) (3) omitted (1.11.2007) by virtue of The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2006 (S.I. 2006/3414) , regs. 1 , 4(b)			omitted
F45	Words in reg. 3(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(4)(a) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		substituted
F46	Reg. 3(1A) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(4)(b) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		omitted
F47	Reg. 3(2)(aa) inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(4)(a)(i)			inserted
F48	Words in reg. 3(2)(a) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(4)(a)(ii)			substituted
F49	Reg. 3(2)(ab) inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(4)(a)(iii)			inserted
F50	Word in reg. 3(2)(c) substituted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(2) (with Pt. 5 )			substituted
F51	Words in reg. 3(2) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701) , reg. 1(2) (3) (4) (6) , Sch. 3 para. 3(3)(a) (with reg. 7 )		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F52	Reg. 3(3) inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475) , arts. 1(3) , 23(4)			inserted
F53	Word in reg. 3(3)(a) omitted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by virtue of The Mortgage Credit Directive Order 2015 (S.I. 2015/910) , art. 1(5) , Sch. 1 para. 7(3)(a) (with Pt. 4 )			omitted
F54	Reg. 3(3)(c) and words substituted for words (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910) , art. 1(5) , Sch. 1 para. 7(3)(b) (with Pt. 4 )			substituted
F55	Reg. 3(3A) (3B) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383) , arts. 1(2) , 31(4)			inserted
F56	Reg. 3(3C)-(3I) 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) , arts. 1(2) (6) , 15(3)			inserted
F57	Reg. 3(3CA) inserted (1.4.2014) by The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2014 (S.I. 2014/206) , regs. 1 , 2(3)			inserted
F58	Words in reg. 3(3CA)(a) deleted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(3)(a) (with Pt. 5 )			deleted
F59	Reg. 3(3CA)(aa) inserted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(3)(b) (with Pt. 5 )			inserted
F60	Words in reg. 3(3CA)(b) substituted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(3)(c) (with Pt. 5 )			substituted
F61	Reg. 3(3CA)(c) inserted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(3)(d) (with Pt. 5 )			inserted
F62	Reg. 3(3CB) inserted (17.3.2016 for specified purposes, 6.4.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392) , arts. 1(2) (3)(d) , 5(4) (with Pt. 5 )			inserted
F63	Words in reg. 3(3E) omitted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366) , arts. 1(3) (4) , 9(2)(a)			omitted
F64	Reg. 3(3GA) inserted (6.7.2016) by Bank of England and Financial Services Act 2016 (c. 14) , ss. 34(6) , 41(3) (with s. 34(7) ); S.I. 2016/627 , reg. 2(1)(y)		this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F65	Reg. 3(3J) 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) , arts. 1(3) (4) , 9(2)(b)			inserted
F66	Reg. 3(4)(5) inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476) , arts. 1(3) , 14(4)(b)			inserted
F67	Word in reg. 3(5) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472) , Sch. 2 para. 39			substituted
F68	Reg. 3(6) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701) , reg. 1(2) (3) (4) (6) , Sch. 3 para. 3(3)(b) (with reg. 7 )		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F69	Words in reg. 3(6) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(4)(c)(i) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		omitted
F70	Words in reg. 3(6)(a) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(4)(c)(ii) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		substituted
F71	Words in reg. 3(6)(b) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632) , regs. 1(3) , 178(4)(c)(iii) (with savings in S.I. 2019/680 , reg. 11 (as amended by S.I. 2019/1212 , regs. 1(3) , 22(3) ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment is subject to savings and/or transitional provisions, see the commentary.		substituted
F72	Reg. 4 inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2007 (S.I. 2007/763) , regs. 1(2) , 7			inserted
I1	Reg. 1 in force at 1.12.2001, see reg. 1(1)
I2	Reg. 2 in force at 1.12.2001, see reg. 1(1)
I3	Reg. 3 in force at 1.12.2001, see reg. 1(1)

Defined Term	Section/Article	ID
article 36H agreement	reg. 3.	legTermUMpi74GI
borrower	reg. 1.	borrower_rtyJic9
clients	reg. 2.	legTerm2SqOSfE1
contract of long-term care insurance	reg. 1.	contract_o_rtFMQhF
CRR firm	reg. 2.	legTermpmByil1g
financial instruments	reg. 2.	legTermngPoD5s0
funeral plan contract	reg. 1.	funeral_pl_rt4QJsk
home purchaser	reg. 1.	home_purch_rt4v9fO
investment transaction	reg. 3.	investment_rtLNsRn
lender	reg. 3.	legTermBXv23bqi
operator	reg. 3.	legTermUEz1UyRE
other counterparties	reg. 1.	other_coun_rtZXLjO
plan provider	reg. 1.	plan_provi_rts1IsS
regulated home purchase plan	reg. 1.	regulated__rtRBXdS
regulated home reversion plan	reg. 1.	regulated__rtu2S4d
regulated mortgage contract	reg. 1.	regulated__rtq9Qzc
relevant article 36H agreement	reg. 3.	legTermiDgfr4lQ
relevant investment	reg. 1.	relevant_i_rtYDhqx
relevant investment firm or credit institution	reg. 2.	legTerm0IS39wds
reversion seller	reg. 1.	reversion__rtkWeLb
structured deposit	reg. 1.	structured_rtMG2OS
the Act	Unknown	(“_prnFDE1y
the principal	reg. 1.	the_princi_rtEq6dR
the Regulated Activities Order	reg. 1.	the_Regula_rtgwoNH
the representative	reg. 1.	the_repres_rtQHhqp

Defined Term

Section/Article

Scope of Application

article 36H agreement

reg. 3.

legTermUMpi74GI

borrower

reg. 1.

borrower_rtyJic9

clients

reg. 2.

legTerm2SqOSfE1

contract of long-term care insurance

reg. 1.

contract_o_rtFMQhF

CRR firm

reg. 2.

legTermpmByil1g

financial instruments

reg. 2.

legTermngPoD5s0

funeral plan contract

reg. 1.

funeral_pl_rt4QJsk

home purchaser

reg. 1.

home_purch_rt4v9fO

investment transaction

reg. 3.

investment_rtLNsRn

lender

reg. 3.

legTermBXv23bqi

operator

reg. 3.

legTermUEz1UyRE

other counterparties

reg. 1.

other_coun_rtZXLjO

plan provider

reg. 1.

plan_provi_rts1IsS

regulated home purchase plan

reg. 1.

regulated__rtRBXdS

regulated home reversion plan

reg. 1.

regulated__rtu2S4d

regulated mortgage contract

reg. 1.

regulated__rtq9Qzc

relevant article 36H agreement

reg. 3.

legTermiDgfr4lQ

relevant investment

reg. 1.

relevant_i_rtYDhqx

relevant investment firm or credit institution

reg. 2.

legTerm0IS39wds

reversion seller

reg. 1.

reversion__rtkWeLb

structured deposit

reg. 1.

structured_rtMG2OS

the Act

Unknown

(“_prnFDE1y

the principal

reg. 1.

the_princi_rtEq6dR

the Regulated Activities Order

reg. 1.

the_Regula_rtgwoNH

the representative

reg. 1.

the_repres_rtQHhqp

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The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 1	coming into force	The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 1(1)	Yes
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 2	coming into force	The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 1(1)	Yes
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 3	coming into force	The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001	2001 No. 1217	reg. 1(1)	Yes

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