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REG - Financial Conduct - FCA: Funeral plan providers enter regulation

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RNS Number : 2247U  Financial Conduct Authority  29 July 2022

FCA regulation boosts consumer protection in the funeral plans market

 

From today, the Financial Conduct Authority will regulate pre-paid funeral
plans, following legislation passed by Parliament. The FCA is authorising 26
providers. Together these firms hold approximately 1.6 million plans, which
make up 87% of the market.

 

Regulation of the sector will bring higher standards and boost consumer
protection. New rules, which take effect from today, include:

 

·      A ban on cold calling.

·      A ban on commission payments to intermediaries, such as funeral
directors.

·      A requirement for a funeral plan to deliver a funeral unless the
customer dies within two years of taking out the plan, in which case a full
refund will be offered.

 

Customers of authorised providers will now have access to the Financial
Services Compensation Scheme (FSCS), so their money is protected if their
provider fails. Consumers can also make a complaint to the Financial
Ombudsman Service (FOS), even if the issue they are complaining about happened
before July 2022 if the firm was registered with the Funeral Planning
Authority (FPA) at the time the issue occurred.

 

13 firms that applied before 1 March 2022, but have not been authorised, have
until 31 October 2022 to transfer their plans to authorised firms or refund
their customers. These plans are not covered by FCA regulation, meaning there
is no protection by the FOS and FSCS until they are transferred to authorised
providers.

 

Emily Shepperd, Executive Director of Authorisations at the FCA, said: "We
have worked tirelessly to assess funeral plan providers, under our robust
authorisation process. We are pleased that 87% of the market is now under
regulation. With our new rules in place, consumers will be better protected
when they need it the most.

 

"It is unfortunate that a number of firms chose to exit the market, leaving
customers, who had sought peace of mind for their loved ones, understandably
worried. It is a good outcome for consumers that some providers have stepped
in to provide funerals for the customers of these providers at short notice.
We also continue to engage with the industry while it works on a longer-term
solution."

 

This announcement follows the confirmation of the FCA's plans to introduce a
new consumer duty
(https://www.fca.org.uk/news/press-releases/fca-consumer-duty-major-shift-financial-services)
from July 2023. The consumer duty will apply to funeral plan providers and
will mean their customers should receive communications they can understand,
products and services that meet their needs and offer fair value, and they get
the customer support they need, when they need it.

 

Notes to editors

 

·      List of providers the FCA is authorising today:

o  Alternative Planning Company Limited (this includes Choice and Choice
funeral plans from Funeral Partners)

o  Avalon (Europe) Limited

o  Avalon Trustee Company Limited

o  Celebration Of Life Planning Ltd

o  Central England Co-Operative Limited (this includes CEC FPL and CEC
Funeral Plans)

o  Co-Op Funeral Plans Limited (this includes Co-op Funeral Plans and Co-op
Funeralcare)

o  Crystal Cremations Ltd

o  Dignity Funerals Limited

o  Distinct Funeral Plans Limited

o  Ecclesiastical Planning Services Limited (this includes Perfect Choice
Funeral Plans)

o  F A Albin & Sons Limited

o  Family Funerals Trust Limited

o  Freeman Brothers (this includes Peter Christopher Freeman and Brigid Mary
Freeman)

o  Golden Charter Limited (this includes Golden Charter and
localfuneral.co.uk)

o  Golden Leaves Limited

o  Haven Personal Funeral Plans Ltd (this includes Haven Personal Funeral
Plans and Haven)

o  Independent Funeral Planning Services Ltd (this includes IFPS and The
IFPS)

o  Low Cost Funeral Limited (this includes Affordable Funerals and
Memoriafunerals.co.uk)

o  M&F Funeral Services Ltd (this includes M&F Funeral Services)

o  Open Prepaid Funerals Limited (this includes Open Prepaid Funeral Plans
and Open Funeral Plans)

o  Peace Burials Limited (this includes Peace Funerals)

o  Plan With Grace Limited

o  Pure Cremation Funeral Planning Ltd

o  Southern Co-Operative Funerals Limited (this includes Southern Co-op and
The Co-operative Funeralcare)

o  The Independent Family Funeral Directors Ltd (this includes Fosters Family
Funeral Directors)

o  William Alty & Sons Limited

·      It may take up to 24 hours for authorised firms to appear on the
FS Register

·      Link to list of firms that will and won't be authorised
(https://www.fca.org.uk/consumers/funeral-plans/providers-list)

·      Consumers who are considering buying a funeral plan should check
the list above (and the FS Register (https://register.fca.org.uk/s/) ) from
tomorrow. Only buy a funeral plan from one of these authorised providers or
appointed representatives. If you already have a funeral plan, check our
webpage (https://www.fca.org.uk/consumers/funeral-plans) to find out what you
need to do.

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