PART II SPECIFIED ACTIVITIES

F2Chapter 14BRegulated Consumer Hire Agreements

Annotations:
Amendments (Textual)
F2

Pt. II Ch. 14A, 14B 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), 6

The activities

Regulated consumer hire agreements60N

1

Entering into a regulated consumer hire agreement as owner is a specified kind of activity.

2

It is a specified kind of activity for the owner or another person to exercise, or to have the right to exercise, the owner’s rights and duties under a regulated consumer hire agreement.

3

In this Chapter—

  • “consumer hire agreement” means an agreement between a person (“the owner”) and an individual or relevant recipient of credit (“the hirer”) for the bailment or, in Scotland, the hiring, of goods to the hirer which—

    1. a

      is not a hire-purchase agreement, and

    2. b

      is capable of subsisting for more than three months;

  • “exempt agreement” means a consumer hire agreement which is an exempt agreement under articles 60O to 60Q;

  • “owner” means—

    1. a

      the person who bails or, in Scotland, hires, goods under a F1... consumer hire agreement, or

    2. b

      a person who exercises or has the right to exercise the rights and duties of a person who bailed or, in Scotland, hired, goods under such an agreement;

  • F3“regulated consumer hire agreement” means—

    1. a

      in the case of an agreement entered into on or after 1st April 2014, any consumer hire agreement which is not an exempt agreement; or

    2. b

      in the case of an agreement entered into before 1st April 2014, a consumer hire agreement which—

      1. i

        was a regulated agreement within the meaning of section 189(1) of the Consumer Credit Act 1974 when the agreement was entered into; or

      2. ii

        became such a regulated agreement after being varied or supplemented by another agreement before 1st April 2014.