Regulation 8 Application of RegulationsI1
United Kingdom
Subject to F1paragraphs (1A) to (2) and (4) below, Regulations 1 to 3 and 5 to 7 shall apply to regulated agreements, and modifying agreements treated under section 82(3) of the Act as regulated agreements, made on or after 19th May 1985.
Where an agreement is a regulated consumer credit agreement these Regulations apply where that agreement is—
an agreement secured on land,
an agreement under which the creditor provides the debtor with credit exceeding £60,260 other than a residential renovation agreement, or
an agreement entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him,
except to the extent that the Consumer Credit (Agreements) Regulations 2010 apply to such agreements.
Article 60C(5) and (6) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 applies for the purposes of paragraph (1A)(c).
In the case of a modifying agreement of a type specified in paragraphs 3 to 19 of Part I and 3 to 8 of Part II of Schedule 8 to these Regulations made on or after 19th May 1985 which varies or supplements an earlier credit agreement or an earlier hire agreement made before that date, nothing in these Regulations shall require the information about financial and related particulars specified in those paragraphs to be contained in any document embodying the modifying agreement if no term of the earlier agreement relating to such financial and related particulars has been varied or supplemented by the modifying agreement.
Nothing in these Regulations applies to a regulated agreement which purports to bind a person to enter as debtor or hirer into a prospective regulated agreement and which is excluded from the operation of section 59(1) of the Act by the Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983.
These Regulations do not apply to an agreement entered into on or after 26th August 2010 and before 1st February 2011 where—
that agreement is an agreement secured on land to which section 58 of the Act applies, and
the Consumer Credit (Agreements) Regulations 2010 apply to that agreement.
Annotations
Textual amendments
- F1
Words in reg. 8(1) substituted (1.2.2011) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 53(a), 99(1) (with regs. 100-101A) (as amended (26.8.2010) by The Consumer Credit (Amendment) Regulations 2010 (S.I. 2010/1969), regs. 1, 13, 28-30)
- F2
Reg. 8(1A)(1B) inserted (1.2.2011) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 53(b), 99(1) (with regs. 100-101A) (as amended (26.8.2010) by The Consumer Credit (Amendment) Regulations 2010 (S.I. 2010/1969), regs. 1, 13, 28-30)
- F3
Reg. 8(1A)(b) substituted (21.3.2016) by The Mortgage Credit Directive (Amendment) Order 2015 (S.I. 2015/1557), arts. 1(3), 3
- F4
Reg. 8(1B) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 23(4)
- F5
Reg. 8(4) inserted (26.8.2010) by The Consumer Credit (Amendment) Regulations 2010 (S.I. 2010/1969), regs. 1, 2(2)(b)