The detail of regulation of funeral plans is contained in articles 59 & 60 of The Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (www.legislation.hmso.gov.uk/si/si2001/20010544.htm). The broad purpose is to help ensure that money paid by the consumer to a funeral plan provider for the purposes of providing a funeral in the future is kept safely, and is available when the time comes for delivery of the agreed funeral in accordance with the plan specification. www.legislation.hmso.gov.uk
The Funeral Planning Authority (“the Authority”) is the self-regulatory body set up by the Funeral Planning Council Limited and the National Association for Pre-Paid Funeral Plans to ensure that:
- funeral plan providers that are regulated by the Authority (“Plan Providers”) maintain high standards of professional conduct; and
- the money that customers pay to a Plan Provider for a funeral plan is safeguarded so that, when the time comes, their funeral will be provided in accordance with that plan.
The Authority does this by:
- checking that Plan Providers and funeral plan trustees are fit and proper persons and ensuring that they comply with the Authority’s Rules and Code of Practice;
- setting standards of professional conduct for Plan Providers, their staff, agents and representatives;
- ensuring that funds are protected by being held in trust, are regularly audited, regularly reviewed by an actuary and are only invested by independent fund managers authorised under the Financial Services and Markets Act 2000;
- providing arrangements for resolving disputes between Plan Providers and their customers; by a Pledge to Customers so that, in the unlikely event of a Plan Provider becoming insolvent, the other Plan Providers shall co-operate and examine ways in which the Authority might assist in arranging delivery of the funeral of the customers of the insolvent Plan Provider.
CONDITIONS OF USE OF THE AUTHORITY’S LOGO
1. These conditions relate to the use of the “FPA Funeral Planning Authority Registered” logo (“the logo”) as represented in the attached “Logo Reproduction” sheet. A Registered Provider is not granted authority or permission to use any other logo relating to the Funeral Planning Authority.
2. The logo may only be used as instructed in the Logo Reproduction sheet, and as mentioned below, in respect of the funeral plan or funeral plans specified in the letter from the Authority to the Registered Provider (“the approved funeral plan(s)”) that confirms their application for registration has been successful.
3. Registered Providers’ must display the logo as follows:
- at their place of business;
- on headed notepaper or invoices;
- on price lists, advertising and promotional material in respect of the approved funeral plans(s);
- on terms and conditions of sale respect of the approved funeral plan(s);
- on documentation provided to the customer that confirms the terms of the approved funeral plan
4. Registered Providers may display the logo within a window sticker, provided that the logo must not appear on its own, and must appear in conjunction with the name of the Registered Provider, whose name must be prominently displayed.
5. The logo may be used in advertisements provided the logo is in close proximity to the name of the approved funeral plan. Registered Providers are reminded that registration with the Authority is in respect of the approved funeral plan, and Registered Providers who have, or are part of a “group” of businesses that has, an integrated funeral directing business must not position the logo in such a way that it could be perceived by the public as being an endorsement of the funeral directing business.
6. Misuse of the logo by a Registered Provider may lead to disciplinary action.
7. All ownership rights in the logo are vested in the Authority and the authorised use of the logo by a Registered Provider, does not include the right or authority for the Registered Provider to grant sub licences or other rights to a third party.
8. The rights hereby granted to a Registered Provider shall cease when it ceases to be a Registered Provider, for whatever reason, and at that time, all references to the name of the Authority and the use of the logo, shall be removed immediately from the place of business and the literature mentioned in paragraph 3, and from any window sticker displayed in accordance with paragraph 4 above.