Paragraph 1 Use of representative information in calculation of the total charge for credit and the APR
Where, in the case of an advertisement relating to credit to be provided under a consumer credit agreement—
the amount of any charge required to be included in the total charge for credit in respect of any transaction within a particular class of transactions is not ascertainable at the date when the advertisement is published or differs from the amount which applies in relation to another transaction within the same class; or
any other fact required for such calculation is not ascertainable at that date or is different from a comparable fact in relation to another transaction within the same class,
there shall be included in the total charge for credit an amount in respect of that charge which, having regard to the amounts and facts which apply to other transactions within the same class, is representative of the charges which the advertiser might reasonably expect at the date the advertisement is published would apply in relation to transactions of the class in question, being transactions which he might then reasonably contemplate he would enter into on or after that date.
If this paragraph is applied in relation to the amount of any charge or to any other fact—
a sum in the determination of which any such amount or fact is employed shall not be taken to be the amount of the total charge for credit; and
a rate of charge in the determination of which any such amount or fact is employed shall not be expressed to be the APR,
unless the advertisement either—
identifies any such amount or fact and quantifies so far as practicable any such amount; or
contains an indication that representative amounts have been included in calculating the total charge for credit.
For the purposes of this paragraph, a class of transactions means a class determined by reference to the subject-matter of the transactions or to the time at which, the circumstances in which or the persons with whom they are made.