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The Financial Services (Distance Marketing) Regulations 2004
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- UK Statutory Instruments
- 2004 No. 2095
- Regulation 24
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The Financial Services (Distance Marketing) Regulations 2004, Section 24 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Regulations revoked by 2023 c. 29 Sch. 1 Pt. 2
Amendment of the Unfair Terms in Consumer Contracts Regulations 1999U.K.
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24.—(1) The Unfair Terms in Consumer Contracts Regulations 1999 M1 are amended as follows.
(2) After regulation 3(1) (interpretation), insert—
“(1A) The references—
(a)in regulation 4(1) to a seller or a supplier, and
(b)in regulation 8(1) to a seller or supplier,
include references to a distance supplier and to an intermediary.
(1B) In paragraph (1A) and regulation 5(6)—
“distance supplier” means—
(a)a supplier under a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004, or
(b)a supplier of unsolicited financial services within regulation 15 of those Regulations; and
“intermediary” has the same meaning as in those Regulations.”.
(3) After regulation 5(5) (unfair terms), insert—
“(6) Any contractual term providing that a consumer bears the burden of proof in respect of showing whether a distance supplier or an intermediary complied with any or all of the obligations placed upon him resulting from the Directive and any rule or enactment implementing it shall always be regarded as unfair.
(7) In paragraph (6)—
“the Directive” means Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC; and
“rule” means a rule made by the Financial Services Authority under the Financial Services and Markets Act 2000 or by a designated professional body within the meaning of section 326(2) of that Act.”.
Marginal Citations
M1S.I. 1999/2083, amended by S.I. 2001/1186 and S.I. 2003/3182.
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