Section 133J | Meaning of “customer”

(1)For the purposes of sections 133A and 133C, a person (“P”) is a “customer” in relation to a company (“company A”) if—

(a)P uses, has used or may have contemplated using a financial service provided by company A, or

(b)has relevant rights or interests in relation to a financial service provided by company A.

(2)In subsection (1) “financial service” means a service provided—

(a)in carrying on regulated activities,

(b)in communicating, or approving the communication by others of, invitations or inducements to engage in investment activity, or

(c)in providing relevant ancillary services (if company A is an investment firm or credit institution).

(3)P has a “relevant right or interest” in relation to any service if P has a right or interest—

(a)which is derived from, or is otherwise attributable to, the use of the service by another person, or

(b)which may be adversely affected by the use of the service by persons acting on P's behalf or in a fiduciary capacity in relation to P.

(4)If company A is providing a service as a trustee, the persons who are, have been, or may have been, beneficiaries of the trust are to be treated as persons who use, have used, or may have contemplated using, the service.

(5)A person who deals with company A in the course of company A providing a service is to be treated as using the service.

(6)In this section—

“credit institution” has the meaning given by section 1H(8) of FISMA 2000;

“engage in investment activity” has the meaning given in section 21 of FISMA 2000;

“investment firm” has the same meaning as in FISMA 2000 (see section 424A of that Act);

“regulated activities” has the same meaning as in FISMA 2000 (see section 22 of that Act);

“relevant ancillary services” means has the meaning given by section 1H(8) of FISMA 2000.