Article 36FA Activities carried on by registered social landlordsF1F2
There are excluded from article 36A (credit broking) activities carried on by a registered social landlord, for which the registered social landlord does not receive a fee.
The exclusion in paragraph (1) only applies to activities relating to the introduction of an individual who wishes to enter into a credit agreement, to—
a credit union;
a community benefit society;
a community interest company limited by guarantee;
a registered charity, or a subsidiary of a registered charity;
a subsidiary of a registered social landlord.
For the purposes of this article, “fee” includes pecuniary consideration or any other form of financial consideration.
In this article—
“community benefit society” means a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a registered society within the meaning of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969;
“community interest company limited by guarantee” means a community interest company limited by guarantee within the meaning of section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004;
“credit union” means a credit union within the meaning of—
- (a)
the Credit Unions Act 1979;
- (b)
the Credit Unions (Northern Ireland) Order 1985;
- (a)
“registered charity” means
- (a)
in England and Wales, a charity registered under section 30(1) of the Charities Act 2011;
- (b)
in Scotland, a charity registered within the meaning of section 13(1) of the Charities and Trustee Investment (Scotland) Act 2005
- (c)
in Northern Ireland, a charity registered under section 16(2) of the Charities Act (Northern Ireland) 2008;
- (a)
“registered social landlord” means—
- (a)
in England, a private registered provider within the meaning of section 80(3) of the Housing and Regeneration Act 2008;
- (b)
in Wales, a registered social landlord within the meaning of Part 1 of the Housing Act 1996;
- (c)
in Scotland, a registered social landlord within the meaning of the Housing (Scotland) Act 2010;
- (d)
in Northern Ireland, a housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992;
- (a)
“subsidiary” means a subsidiary as defined by section 1159 of the Companies Act 2006.
Annotations
Textual amendments
- F1
Pt. II Ch. 6A, 6B inserted (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), 4
- F2
Art. 36FA inserted (23.7.2019) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2019 (S.I. 2019/1067), arts. 1(2), 2(2)