The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2001

Regulated mortgage contracts

8.  In article 61 of the principal Order—

(a)in paragraph (2), after “entered into” insert “by way of business”;

(b)for paragraph (3)(a) substitute—

(a)a contract is a “regulated mortgage contract” if, at the time it is entered into, the following conditions are met—

(i)the contract is one under which a person (“the lender”) provides credit to an individual or to trustees (“the borrower”);

(ii)the contract provides for the obligation of the borrower to repay to be secured by a first legal mortgage on land (other than timeshare accommodation) in the United Kingdom;

(iii)at least 40% of that land is used, or is intended to be used, as or in connection with a dwelling by the borrower or (in the case of credit provided to trustees) by an individual who is a beneficiary of the trust, or by a related person;;

(c)in paragraph (4), for “paragraph (3)(a)(ii)” substitute “paragraph 3(a)”.