The Mortgage Credit Directive Order 2015
Draft 2015, ISBN 9780111130810
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament and published on 26th January 2015 (ISBN 978-0-11-112774-2). It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Order laid before Parliament under paragraphs 2 and 2A of Schedule 2 to the European Communities Act 1972 and section 429(3) of, and paragraph 26(2) of Schedule 2 to, the Financial Services and Markets Act 2000 for approval by resolution of each House of Parliament
Financial Services And Markets
Made ***
Coming into force in accordance with article 1
In the opinion of the Treasury, one of the effects of this Order is that an activity which is not a regulated activity, within the meaning of the Financial Services and Markets Act 2000f3, will become a regulated activity.
This Order contains a provision restricting an exemption provided by an earlier Orderf4 made under section 38 of the Financial Services and Markets Act 2000.
The Treasury make this Order in exercise of the powers conferred on them by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f7 and sections 21(9) and (15), 22(1) and (5), 38, 409 and 428(3) of the Financial Services and Markets Act 2000f8.
Annotations to the whole text
Footnotes
- f1
- f2
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1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51) legislation may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1992 (Cm 2183).
- f3
- f4
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S.I. 2001/1201, amended by S.I. 2003/1675, 2005/592, 2006/2383, 2008/2831, 2009/1342, 2010/671, 2011/1626 and 2012/641 and 700; there are other amending instruments but none is relevant to this Order.
- f5
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Paragraph 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and paragraph 2A was inserted by section 29 of that Act.
- f6
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Paragraph 26 of Schedule 2 was substituted by section 8 of the Financial Services Act 2012 (c. 21).
- f7
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Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.
- f8
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Section 14A of the Interpretation Act 1978 (c. 30) (inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c. 24)) provides that, where an Act provides a power to make subordinate legislation, that subordinate legislation may include a requirement to review the effectiveness of the legislation.
Contents
- Part 1: Introductory Provisions
- 1Citation and commencement
- 2Interpretation
- Part 2: Amendments to legislation
- 3Amendments to legislation
- Part 3: Consumer buy-to-let mortgages
- 4Interpretation of this Part
- 5Meaning of credit intermediary
- 6Meaning of advisory services
- 7Limitation on permission to carry on regulated activities
- 8Register of consumer buy-to-let mortgage firms
- 9Applications for entry on the register or variation of an existing entry on the register
- 10Determination of applications
- 11Procedure when refusing an application
- 12Registered consumer buy-to-let mortgage firm ceasing to meet the requirements for registration
- 13Revocation of registration
- 14Procedure on revocation
- 15Suspension of registration
- 16Procedure on suspension
- 17Appointed representatives
- 18Obligations of registered consumer buy-to-let mortgage firms
- 19Power to direct registered consumer buy-to-let mortgage firms to take appropriate action
- 20Functions of the FCA in relation to this Part
- 21Monitoring and enforcement
- 22Guidance
- 23Application of provisions of the Act to registered consumer-buy-to-let mortgage firms
- 24Application of procedural provisions of the Act
- 25Application of provisions of the Act to the FCA in respect of its supervision of consumer buy-to-let mortgage firms
- 26Extension of the compulsory jurisdiction of the Financial Ombudsman Scheme to registered consumer buy-to-let mortgage firms
- Part 4: Transitional Provisions
- 27Transitional provision: person with Part 4A permission to carry on an activity in relation to a regulated mortgage contract before 21st March 2016
- 28Transitional provision: agreements before 21st March 2016
- 29Transitional provision: consumer credit back book mortgage contracts
- 30Transitional provision: person engaged in consumer buy-to-let mortgage business before 20th March 2014
- 31Transitional provision: person subject to the Consumer Credit Act 1974 who chooses to adopt new rules before 21st March 2016
- 32FCA power to direct timing of applications for permission and registration
- Part 5: Review
- 33Review
- Signature
- Schedule 1: Amendments to legislation
- Part 1: Amendments to primary legislation
- 1The Financial Services and Markets Act 2000
- 2The Consumer Credit Act 1974
- Part 2: Amendments to secondary legislation
- 3The Consumer Credit (Agreements) Regulations 1983
- 4The Financial Services and Markets (Regulated Activities) Order 2001
- 5The Financial Services and Markets Act 2000 (Exemption) Order 2001
- 6The Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001
- 7The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
- 8The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
- 9The Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001
- 10The Financial Services and Markets Act 2000 (Gibraltar) Order 2001
- 11The Consumer Credit (Disclosure of Information) Regulations 2004
- 12The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
- 13The Consumer Credit (Disclosure of Information) Regulations 2010
- 14The Consumer Credit (Agreements) Regulations 2010
- 15The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013
- Schedule 2: Requirements for registered consumer buy-to-let mortgage firms
- Conditions applicable to creditors and credit intermediaries
- 1Conduct of business obligations when providing consumer buy-to-let mortgage products to consumers
- 2Obligation to provide information free of charge to consumers
- 3Knowledge and competence requirements for staff
- Information and practices preliminary to the conclusion of the consumer buy-to-let mortgage contract
- 4Tying and bundling practices
- 5General information
- 6Pre-contractual information
- 7Information requirements concerning credit intermediaries
- 8Adequate explanations
- Annual percentage rate of charge
- 9Calculation of the annual percentage rate of charge
- Creditworthiness assessment
- 10Obligation to assess the creditworthiness of the borrower
- 11Property valuation
- 12Disclosure and verification of borrower information
- Advisory services
- 13Standards for advisory services
- Foreign currency loans and variable rate loans
- 14Foreign currency loans
- 15Variable rate credits
- Sound execution of consumer buy-to-let mortgage contracts and related rights
- 16Early repayment
- 17Flexible and reliable markets
- 18Information concerning changes in the borrowing rate
- 19Arrears and possession
- Calculation of the annual percentage rate of charge
- 20Basic equation expressing the equivalence of drawdowns on the one hand and repayments and charges on the other
- 21Additional assumptions for the calculation of the annual percentage rate of charge
- Explanatory note