UK funeral plan regulation under FSMA/RAO: entering into and carrying out contracts, intermediaries, appointed representatives, and 2021 RAO amendments

Published by a LexisNexis Financial Services expert

Practice notes

Scope of this Practice Note

This Practice Note outlines information on the regulated activities of entering, as provider, into funeral plan contracts and performing funeral plan contracts as provider under article 59 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), as amended from time to time. It also highlights the Financial Conduct Authority’s (FCA) regulatory framework as it applies to those undertaking these regulated funeral plan activities.

Entering into funeral plan contracts

Under RAO, SI 2001/544, art 59(1), entering into a funeral plan contract in the capacity of provider is a regulated activity. The FCA defines a ‘provider’ as the person who receives the pre-payments and undertakes to provide, or to arrange the provision of, the funeral at a future point. This could be the funeral director or a third party that arranges for someone else to deliver the funeral.

A funeral plan contract is a contract where:

a person (‘the customer’) makes one or more payments to another person (‘the provider’), and
the provider undertakes to provide, or to ensure that another person provides, a funeral in the United Kingdom for the customer (or some other...

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Web page updated on 22/05/2026

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