Financial Service Providers (Registration and Dispute Resolution) Bill 190-1 (2007), Government Bill

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4 Interpretation
  • In this Act, unless the context otherwise requires,—

    annual confirmation means the annual confirmation relating to a registered provider supplied to the Registrar under section 27

    annual report means the annual report relating to an approved dispute resolution scheme supplied to the Minister under section 62

    approved dispute resolution scheme has the meaning given by section 45

    approved professional body has the meaning given by section 35 of the Financial Advisers Act 2007

    business includes any profession, trade, or undertaking, whether or not carried on with the intention of making a pecuniary profit

    chief executive means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    company means a company, or an overseas company, within the meaning of section 2(1) of the Companies Act 1993

    controlling owner means, in relation to a financial service provider that is not an individual, any person who beneficially owns 50% or more of that provider

    deposit has the meaning given by section 108(2) of the Friendly Societies and Credit Unions Act 1982

    director has the meaning given by section 126 of the Companies Act 1993, but also includes, in relation to a body that is not a company, a person who occupies a position comparable to that of a director (such as a trustee or a partner)

    document means—

    • (a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds, or from which symbols, images, or sounds can be derived, and includes—

      • (i) a label, marking, or other writing that identifies or describes a thing of which it forms a part, or to which it is attached:

      • (ii) a book, map, plan, graph, or drawing:

      • (iii) a photograph, film, or negative; and

    • (b) information electronically recorded or stored, and information derived from that information

    due date, in relation to an annual confirmation, means the date allocated to a registered provider by the Registrar under section 15(1)(b) or 21(b)

    FATF means the Financial Action Task Force on Money Laundering established in Paris in 1989

    FATF Recommendations means all of the following recommendations:

    • (a) the 40 Recommendations adopted by FATF at its plenary meeting on 20 June 2003:

    • (b) the Special Recommendations on Terrorist Financing adopted by FATF at its extraordinary plenary meeting on 31 October 2001:

    • (c) Special Recommendation IX on Terrorist Financing adopted by FATF at its plenary meeting between 20 and 22 October 2004

    financial adviser has the meaning given by section 7 of the Financial Advisers Act 2007

    financial adviser service has the meaning given by section 5 of the Financial Advisers Act 2007

    financial service has the meaning given by section 5

    financial service provider means a person who provides or offers to provide a financial service

    insurance has the meaning given by section 2 of the Insurance Companies’ Deposits Act 1953

    lawyer has the meaning given by section 6 of the Lawyers and Conveyancers Act 2006 except that, before that section comes into force, lawyer means a barrister or solicitor as defined in section 2 of the Law Practitioners Act 1982

    licensed provider means a person who is licensed by a licensing authority to provide a licensed service

    licensed service means a financial service that is required by an enactment to be provided only by a licensed provider

    member, in relation to a dispute resolution scheme, has the meaning given by section 45

    member of a local authority has the meaning given by section 5(1) of the Local Government Act 2002

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    prescribed means prescribed by this Act or by any regulations made under this Act

    register means the register of financial service providers and financial advisers established and maintained under section 23

    Registrar means the Registrar of Financial Service Providers and Financial Advisers appointed under section 34

    related company has the meaning given by section 2(3) of the Companies Act 1993

    reserve scheme has the meaning given by section 65

    senior manager means, in relation to a financial service provider, a person who is not a director but occupies a position that allows the person to exercise significant influence over the management or administration of that provider (for example, a chief executive or a chief financial officer).