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Regulation 140 Article 60G (exempt agreements: exemptions relating to the total charge for credit)C1I1

United Kingdom

(1)

Article 60G M1 (exempt agreements: exemptions relating to the total charge for credit) is amended as follows.

(2)

In paragraph (2A)(a) M2, for “of a type described in Article 3(1) of the mortgages directive” substitute “ one to which subsection (2) of section 423A of the Act applies ”.

(3)

In paragraph (2A)(b)—

(a)

for “of such a type” substitute “ one to which that subsection applies ”;

(b)

in paragraph (i), for “of a kind to which the mortgages directive does not apply by virtue of Article 3(2) of that directive” substitute “ one to which subsection (3) of that section applies ”;

(c)

in paragraph (ii) omit “within the meaning of Article 4(23) of the mortgages directive”.

(4)

In paragraph (8) M3, for “of a type described in Article 3(1) of the mortgages directive” substitute “ to which subsection (2) of section 423A of the Act applies ”.

(5)

After that paragraph insert—

“(9)

In this article “bridging loan” means a mortgage agreement that—

(a)

is of no fixed duration or is due to be repaid within 12 months, and

(b)

is used by a consumer, within the meaning given by section 423A(4) of the Act, as a temporary financing solution while transitioning to another financial arrangement for the immovable property concerned.”.

Annotations

Marginal citations

M1

Article 60G was inserted by S.I. 2013/1881.

M2

Paragraph (2A) was inserted by S.I. 2015/910 and was amended by S.I. 2016/392.

M3

Paragraph (8) was inserted by S.I. 2015/910 and was amended by S.I. 2016/392.

Modifications

C1

Pts. 3-6 modified in part (31.12.2020) by The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680), regs. 1(2), 11(1)(4)(5) (with reg. 11(8)-(10)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 40(f)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 140 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)