Regulation 2 Agreements to which these Regulations apply

United Kingdom

(1)

These Regulations apply in respect of a regulated consumer credit agreement, except as provided for in paragraphs (2) to (4).

(2)

These regulations do not apply to an agreement to which section 58 of the Act (opportunity for withdrawal from prospective land mortgage) applies.

(3)

These Regulations do not apply to an authorised non-business overdraft agreement which is—

(a)

for credit which exceeds £60,260 F1unless it is a residential renovation agreement, or

(b)

secured on land.

(4)

Except as provided for in paragraph (5) these Regulations do not apply to an agreement—

(a)

under which the creditor provides the debtor with credit exceeding £60,260 F2unless it is a residential renovation agreement,

(b)

secured on land,

(c)

entered into by the debtor wholly or predominantly for the purposes of a business also carried on, or intended to be carried on, by him, or

(d)

made before 1st February 2011.

(5)

These Regulations apply to an agreement mentioned in paragraph (4) (which is not also an agreement mentioned in paragraph (2) or (3)) where a creditor or, where applicable a credit intermediary, discloses or purports to disclose the pre-contract credit information in accordance with these Regulations rather than in accordance with the Consumer Credit (Disclosure of Information) Regulations 2004 M1 or the Financial Services (Distance Marketing) Regulations 2004 M2 (as the case may be).

F3(6)

Article 60C(5) and (6) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 applies for the purposes of paragraph (4)(c).

Annotations

Textual amendments

F1: Words in reg. 2(3)(a) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 13 (with Pt. 4)
F2: Words in reg. 2(4)(a) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 13 (with Pt. 4)
F3: Reg. 2(6) 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), art. 1(2)(6), 26(4)

Marginal citations

M1: S.I. 2004/1481.
M2: S.I.2004/2095, amended by S.I. 2009/209; there are other amending instruments but none is relevant.

Notes on the whole SI

Textual amendments

F1: Words in Regulations substituted (26.7.2013 for specified purposes) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 26(2)