[F1Activities where person has a connection to the agreementU.K.
39H.—(1) There are excluded from articles 39D(1), 39E(1) and 39F(1) activities carried on by a person who is—
(a)the lender under the agreement,
(b)the supplier in relation to that agreement,
(c)a person carrying on an activity of the kind specified by article 36A by way of business and who has acquired the business of the person who was the supplier in relation to the agreement, or
(d)a person who would be carrying on an activity of the kind specified by article 36A by way of business but for the exclusion in article 36B where the agreement was made in consequence of an introduction (by that person or another person) to which article 36B applies.
[F2(1A) In so far as it applies to article 39F(1), the exclusion in paragraph (1)(a) does not apply to a lender under a credit agreement which is an exempt agreement by virtue of article 60C(4A).]
(2) There are excluded from articles 39D(2), 39E(2) and 39F(2) activities carried on by a person who is—
(a)the owner under the consumer hire agreement, or
(b)a person who would be carrying on an activity of the kind specified by article 36A by way of business but for the exclusion in article 36B where the agreement was made in consequence of an introduction (by that person or another person) to which article 36B applies.
(3) There is excluded from article 39G(1) steps taken under or in relation to an agreement [F3by] a person who is, in relation to that agreement, a person falling within paragraph (1)(a) to (d).
(4) There is excluded from article 39G(2) steps taken under or in relation to a consumer hire agreement [F4by] a person who is, in relation to that agreement, a person falling within paragraph (2)(a) or (b).
(5) In paragraph (1), “supplier”, in relation to an agreement, means—
(a)a person, other than the lender, whose transaction with the borrower is, or is to be, financed by the agreement, or
(b)a person to whom the rights and duties of a person falling within sub-paragraph (a) have been passed by assignment or operation of law.]
Textual Amendments
F1Pt. II Ch. 7B 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), 5
F2Art. 39H(1A) inserted (4.5.2020) by The Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 (S.I. 2020/480), arts. 1(2), 2(3) (with art. 3)
F3Word in art. 39H(3) substituted (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(13)
F4Word in art. 39H(4) substituted (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(13)