Article 60F Exempt agreements: exemptions relating to number of repayments to be madeF1
United Kingdom
A credit agreement is an exempt agreement for the purposes of this Chapter in the following cases.
A credit agreement is an exempt agreement if—
the agreement is a borrower-lender-supplier agreement for fixed-sum creditF2, other than a green deal plan,
the number of payments to be made by the borrower is not more than F3twelve,
those payments are required to be made within a period of 12 months or less (beginning on the date of the agreement),
neither paragraph (7) nor paragraph (7A) (taken with paragraph (7B)) applies to the agreement.
A credit agreement is an exempt agreement if—
the agreement is a borrower-lender-supplier agreement for running-account credit,
the borrower is to make payments in relation to specified periods which must be, unless the agreement is secured on land, of 3 months or less,
the number of payments to be made by the borrower in repayment of the whole amount of credit provided in each such period is not more than one,
the credit is—
secured on land, or
provided without interest or other significant charges, and
paragraph (7) does not apply to the agreement.
F6Subject to article 60HA, a credit agreement is an exempt agreement if—
the agreement is a borrower-lender-supplier agreement financing the purchase of land,
the number of payments to be made by the borrower is not more than four, and
the credit is—
secured on land, or
provided without interest or other charges.
A credit agreement is an exempt agreement if—
the agreement is a borrower-lender-supplier agreement for fixed-sum credit,
the credit is to finance a premium under a contract of insurance relating to land or anything on land,
the lender is the lender under a credit agreement secured by a legal F7or equitable mortgage on that land,
the credit is to be repaid within the period (which must be 12 months or less) to which the premium relates,
in the case of an agreement secured on land, there is no charge forming part of the total charge for credit under the agreement other than interest at a rate not exceeding the rate of interest from time to time payable under the agreement mentioned at sub-paragraph (c),
in the case of an agreement which is not secured on land, the credit is provided without interest or other charges, and
the number of payments to be made by the borrower is not more than twelve.
A credit agreement is an exempt agreement if—
the agreement is a borrower-lender-supplier agreement for fixed-sum credit,
the lender is the lender under a credit agreement secured by a legal F8or equitable mortgage on land,
the agreement is to finance a premium under a contract of whole life insurance which provides, in the event of the death of the person on whose life the contract is effected before the credit referred to in sub-paragraph (b) has been repaid, for payment of a sum not exceeding the amount sufficient to meet the amount which, immediately after that credit has been advanced, would be payable to the lender in respect of that credit (including interest from time to time payable under that agreement),
in the case of an agreement secured on land, there is no charge forming part of the total charge for credit under the agreement other than interest at a rate not exceeding the rate of interest from time to time payable under the agreement mentioned at sub-paragraph (b),
in the case of an agreement which is not secured on land, the credit is provided without interest or other charges, and
the number of payments to be made by the borrower is not more than twelve.
This paragraph applies to—
agreements financing the purchase of land;
agreements which are conditional sale agreements or hire-purchase agreements;
agreements secured by a pledge (other than a pledge of documents of title or of bearer bonds).
This paragraph applies to agreements entered into on or after the regulatory commencement date which are not secured on land—
where—
the lender and the supplier are not the same person; and
paragraph (7B) does not apply to the agreement; or
made in the following way—
a person (“the principal supplier”) offers to supply goods or services to a consumer (“the consumer”) financed by a credit agreement provided by another person (“the lender”);
the lender, under a pre-existing arrangement with that principal supplier, purchases the goods or services from the principal supplier, for supply to the consumer; and
the lender is, in relation to the credit agreement with the consumer mentioned in sub-paragraph (i), also the supplier of the goods or services to that consumer.
This paragraph applies to—
agreements to finance premiums under contracts of insurance;
agreements where—
the borrowers are employees; and
the agreements result from an arrangement between the lender or supplier and—
the borrowers’ employer, or
an undertaking which is a member of the same group as the borrowers’ employer;
agreements to finance the provision of goods or services offered by a registered social landlord (as defined by article 36FA(4)) to—
its tenants,
its leaseholders, or
persons with whom the registered social landlord has entered a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001.
In paragraph (7A), “regulatory commencement date” has the meaning given in article 1(3) of the Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025.
In this article, “payment” means any payment which comprises or includes—
the repayment of capital, or
the payment of interest or any other charge which forms part of the total charge for credit.
Annotations
Textual amendments
- F1
Pt. II Ch. 14A, 14B 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), 6
- F2
Words in art. 60F(2)(a) inserted (E.W.S.) (15.7.2014) by The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 (S.I. 2014/1850), arts. 1(2), 7 (with art. 1(3))
- F3
Word in art. 60F(2)(b) substituted (18.3.2015) by The Financial Services and Markets Act 2000 (Miscellaneous Provisions) (No. 2) Order 2015 (S.I. 2015/352), arts. 1, 2(a)
- F4
Word in art. 60F(2) omitted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), art. 1(3)(4), 2(27)(a)
- F5
Art. 60F(2)(e) substituted (15.7.2025 for specified purposes, 15.7.2026 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 (S.I. 2025/859), arts. 1(2)(3), 3(3)(a)
- F6
Words in art. 60F(4) substituted (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. 4(16) (with Pt. 4)
- F7
Words in art. 60F(5)(c) inserted (14.2.2014 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) Order 2014 (S.I. 2014/366), art. 1(3)(4), 2(27)(b)
- F8
Words in art. 60F(6)(b) inserted (14.2.2014 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) Order 2014 (S.I. 2014/366), art. 1(3)(4), 2(27)(b)
- F9
Art. 60F(7A)-(7C) inserted (15.7.2025 for specified purposes, 15.7.2026 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 (S.I. 2025/859), arts. 1(2)(3), 3(3)(b)
- F10
Art. 60F(8) substituted (24.3.2015) by The Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2015 (S.I. 2015/853), arts. 1(2), 3(5)