Article 4 Interpretation of this Part

In this Part—

• “advisory services” has the meaning given by article 6;

• “annual percentage rate of charge” has the meaning given by paragraph 9(6) of Schedule 2;

• “buy-to-let mortgage contract” means a contract that—

  1. (a)

     at the time it is entered into—

     1. (i)

        meets the conditions in paragraphs (i) to (iii) of article 61(3)(a) of the Regulated Activities Order (regulated mortgage contracts); and

     2. (ii)

        provides that the land subject to the mortgage cannot at any time be occupied as a dwelling by the borrower or by a related person, and is to be occupied as a dwelling on the basis of a rental agreement; or

  2. (b)

     is a regulated credit agreement within the meaning of article 60B of the Regulated Activities Order which—

     1. (i)

        falls within Article 3(1)(b) of the mortgages directive; and

     2. (ii)

        provides that the land, or existing or projected building, to which it relates cannot at any time be occupied as a dwelling by the borrower or by a related person, and is to be occupied as a dwelling on the basis of a rental agreement;

• “consumer” means a person acting for purposes which are outside that person’s trade, business or profession;

• “consumer buy-to-let mortgage business” means one or more of the following activities—

  1. (a)

     acting as a creditor;

  2. (b)

     acting as a credit intermediary; or

  3. (c)

     providing advisory services;

• “consumer buy-to-let mortgage contract” means a buy-to-let mortgage contract which is not entered into by the borrower wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by the borrower;

• “consumer buy-to-let mortgage firm” means a person carrying on consumer buy-to-let mortgage business;

• “credit intermediary” has the meaning given by article 5;

• “creditor” means a person who, in the course of a trade, business or profession—

  1. (a)

     enters into, or promises to enter into, a consumer buy-to-let mortgage contract under which the person is to provide credit, or

  2. (b)

     administers a consumer buy-to-let mortgage contract,

  and for the purposes of paragraph (b) a person administers a consumer buy-to-let mortgage contract if the person carries on the regulated activity specified by article 61(2) of the Regulated Activities Order (regulated mortgage contracts)^f1 in respect of the contract, or would carry on that regulated activity in respect of the contract but for the exclusion in article 72I of that Order (registered consumer buy-to-let mortgage firms)^f2;

• “decision notice” means a notice that complies with the requirements of section 388 of the Act (decision notices)^f3;

• “foreign currency loan” means a consumer buy-to-let mortgage contract where the credit is denominated in a currency other than that in which the borrower receives the income or holds the assets from which the credit is to be repaid;

• “register” means the register kept by the FCA under article 8(1);

• “registered consumer buy-to-let mortgage firm” means a person who is included in the register;

• “related person” has the meaning set out in article 61A of the Regulated Activities Order (mortgage contracts which are not regulated mortgage contracts)^f4; and

• “warning notice” means a notice that complies with the requirements of section 387 of the Act (warning notices)^f5.

For the purposes of this Part, if an agreement includes a declaration which—

the agreement is to be presumed to have been entered into by the borrower wholly or predominantly for the purposes specified in sub-paragraph (b)(i), unless paragraph (3) applies.

This paragraph applies if, when the agreement is entered into—

knows or has reasonable cause to suspect that the agreement is not entered into by the borrower wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by the borrower.

For the purposes of this Part, a borrower is to be regarded as entering into an agreement for the purposes of a business carried on, or intended to be carried on, by the borrower if the agreement is a buy-to-let mortgage contract and—