The Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2015

Amendments of the Financial Services and Markets Act 2000

2.—(1) Paragraph 2G of Schedule 6 to the Financial Services and Markets Act 2000 (threshold conditions)(1) is amended as follows.

(2) After sub-paragraph (3) insert—

“(3A) For the purposes of sub-paragraph (3), “domestic premises supplier” means a supplier who—

(a) sells, offers to sell or agrees to sell goods, or

(b) offers to supply services or contracts to supply services,

to customers who are individuals while the supplier, or the supplier’s representative, is physically present at the dwelling of the individual (but see sub-paragraph (3B)).

(3B) A supplier who acts as described in sub-paragraph (3A) on an occasional basis only will not be a domestic premises supplier unless the supplier indicates to the public at large, or any section of the public, the supplier’s willingness to attend (in person or through a representative) the dwelling of potential customers in order to carry on any of the activities mentioned in sub-paragraph (3A)(a) or (b).”.

(3) For sub-paragraph (5) substitute—

“(5) The case specified in this sub-paragraph is where the activity relates to a consumer hire agreement or a hire-purchase agreement.”.

(4) In sub-paragraph (6)—

(a) insert the following definition in the appropriate place—

““consumer hire agreement” has the meaning given by article 60N(3) of the Regulated Activities Order(2);”, and

(b) omit the definition of “domestic premises supplier”.

(1)

Paragraph 2G was inserted in Schedule 6 by S.I. 2013/1881 and amended by S.I. 2014/366.

(2)

Article 60N was inserted (with articles 60O to 60R) by S.I. 2013/1881.