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The Compensation (Claims Management Services) Regulations 2006

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PART 2Waiver of requirement for authorisation

Circumstances in which Regulator may waive requirement for authorisation

6.—(1) The Regulator may waive the requirement for authorisation in relation to a person if—

(a)the Secretary of State intends to exempt the person under section 6 of the Act;

(b)the Regulator is satisfied that—

(i)requiring the person to become authorised would be unduly burdensome to the person, or would not achieve the objects of the Act; and

(ii)the waiver would not result in undue risk to persons whose interests the Act is intended to protect.

(2) The Regulator must give the person a written notice of the waiver.

Conditions on waiver

7.—(1) The Regulator may impose a condition on a waiver under regulation 6 and, if he does so, must include a statement of the condition in the notice of the waiver.

(2) In particular, and without limiting the effect of paragraph (1), such a condition may be to the effect that—

(a)the person who has the benefit of the waiver tells clients or potential clients in writing that the person is providing a regulated claims management service within the meaning of section 4(2)(e) of the Act;

(b)the person tells clients or potential clients in writing that the person is providing that service subject to the waiver, pending an exemption by order under section 6 of the Act;

(c)the person meets standards of service recommended by the Secretary of State.

(3) If the Regulator imposes on a waiver a condition of the kind referred to in paragraph (2)(c), the Regulator must set out the standard in the notice of the waiver.

(4) The waiver has effect for 6 months from the date of the notice, and cannot be renewed.

(5) However, if an order under section 6(2) of the Act exempting the person comes into effect before the waiver would cease to have effect under paragraph (4), the waiver ceases to have effect immediately before the order comes into effect.

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