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The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, Section 39M is up to date with all changes known to be in force on or before 25 August 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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39M.—(1) For the purposes of sections 1G, 404E and 425A of the Act (meaning of “consumer”), in so far as those provisions relate to a person (“A”) carrying on a regulated activity of the kind specified by article 39F (debt-collecting) or 39G (debt administration), or article 64 (agreeing to carry on specified kinds of activity) so far as relevant to that activity the following are to be treated as a “consumer”—
(a)the borrower under the agreement or the hirer under the consumer hire agreement;
(b)someone who has been the borrower or hirer under that agreement;
(c)a person who is treated by A as a person falling within sub-paragraph (a) or (b).
(2) For the purposes of section 328(8) of the Act (meaning of “clients”) in so far as that provision relates to a person (“A”) carrying on a regulated activity of the kind specified by article 39F or 39G, the following are to be treated as a “client”—
(a)the borrower under the agreement or the hirer under the consumer hire agreement;
(b)someone who has been the borrower or hirer under that agreement;
(c)a person who is treated by A as a person falling within sub-paragraph (a) or (b).
(3) In this article, “borrower” includes (in addition to those persons included in the definition in article 60L)—
(a)any person providing a guarantee or indemnity under the agreement, and
(b)a person to whom the rights and duties of a person falling within sub-paragraph (a) have passed by assignment or operation of law.]
Textual Amendments
F1Pt. 2 Ch. 7B inserted (26.7.2013 for specified purposes) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2), 5
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