Regulation 5 Modifying agreements

These Regulations shall apply to a modifying agreement which varies or supplements an earlier agreement and which is, or is treated under section 82(3) of the Act as, a regulated agreement.

Where an item of information required by regulation 3(1) or 8(1) is unchanged by the modifying agreement, the requirements of regulation 3(1) or 8(1) may be satisfied in relation to such item of information by a statement in the modifying agreement clearly indicating that the information in the earlier agreement remains unchanged.

F1Except as provided for in paragraph (3A) a statement referred to in paragraph (2) shall be contained in the document which is signed by the debtor.

Where a modifying agreement is an authorised business overdraft agreement or an authorised non-business overdraft agreement the document referred to in paragraph (3) does not have to be signed by the debtor.

The information referred to in regulation 4(1) as prescribed terms for the purposes of section 61(1)(a) of the Act shall not be prescribed for the purposes of a modifying agreement if the information contained in the earlier agreement has not been varied or supplemented by the modifying agreement.

For the purposes of Schedule 1 to these Regulations, in calculating—

the relevant date shall be determined by reference to the date of the modifying agreement.