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The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
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Changes over time for: Section 36E
Version Superseded: 21/12/2015
Alternative versions:
- 26/07/2013- Amendment
- 20/04/2015- Amendment
- 20/04/2015
Point in time - 21/12/2015- Amendment
- 21/03/2016- Amendment
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The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, Section 36E is up to date with all changes known to be in force on or before 23 November 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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[F1Activities in relation to certain agreements relating to landU.K.
36E.—[F2(1) There are excluded from article 36A activities carried on with a view to an individual or relevant recipient of credit entering into a regulated mortgage contract if the person carrying on the activity is an authorised person who has permission to—
(a)enter into such a contract as lender, or
(b)make an introduction to an authorised person who has permission to enter into such a contract as lender.
(2) There are excluded from article 36A activities carried on with a view to an individual or relevant recipient of credit entering into a regulated home purchase plan if the person carrying on the activity is an authorised person who has permission to—
(a)enter into such a plan as home purchase provider, or
(b)make arrangements for another person (“the client”) to enter into such a plan by introducing the client to an authorised person who has permission to enter into such a plan as home purchase provider.]
[F2(1) There are excluded from article 36A activities carried on with a view to an individual or a relevant recipient of credit entering into an investment property loan, as defined in article 61A(6) (mortgage contracts which are not regulated mortgage contracts).
(2) There are excluded from article 36A activities of a kind specified by article 25A (arranging regulated mortgage contracts) or 25C (arranging regulated home purchase plans).
(3) There are excluded from article 36A other activities not excluded by paragraph (1) or (2) which consist of effecting an introduction with a view to an individual or relevant recipient of credit entering into a relevant agreement, if the person to whom the introduction is made is an authorised person who has permission to—
(a)enter into such an agreement as lender or home purchase provider (as the case may be), or
(b)make an introduction to an authorised person who has permission to enter into such an agreement as lender or home purchase provider (as the case may be).
(4) In paragraph (3) “relevant agreement” means a regulated mortgage contract or a regulated home purchase plan.]]
Textual Amendments
F1Pt. 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
F2Art. 36E substituted (20.4.2015 for specified purposes) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 4(7) (with Pt. 4)
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