PART II SPECIFIED ACTIVITIES

Chapter XVRegulated Mortgage Contracts

The activities

Regulated mortgage contractsI161

1

Entering into a regulated mortgage contract as lender is a specified kind of activity.

2

Administering a regulated mortgage contract is also a specified kind of activity, where the contract was entered into F1by way of business after the coming into force of this article.

3

In this Chapter—

F2a

a contract is a “regulated mortgage contract” if, at the time it is entered into, the following conditions are met—

F7i

the contract is one under which a person (“the lender”) provides credit to an individual or to trustees (“the borrower”);

ii

the contract provides for the obligation of the borrower to repay to be secured by a first legal mortgage on land (other than timeshare accommodation) in the United Kingdom;

iii

at least 40% of that land is used, or is intended to be used, as or in connection with a dwelling by the borrower or (in the case of credit provided to trustees) by an individual who is a beneficiary of the trust, or by a related person;

F7i

the contract is one under which a person (“the lender”) provides credit to an individual or to trustees (“the borrower”);

ii

the contract provides for the obligation of the borrower to repay to be secured by a mortgage on land in the EEA;

iii

at least 40% of that land is used, or is intended to be used—

aa

in the case of credit provided to an individual, as or in connection with a dwelling; or

bb

in the case of credit provided to a trustee which is not an individual, as or in connection with a dwelling by an individual who is a beneficiary of the trust, or by a related person;

F5but such a contract is not a regulated mortgage contract if it F8is a regulated home purchase planF8falls within article 61A(1) or (2);

b

“administering" a regulated mortgage contract means either or both of—

i

notifying the borrower of changes in interest rates or payments due under the contract, or of other matters of which the contract requires him to be notified; and

ii

taking any necessary steps for the purposes of collecting or recovering payments due under the contract from the borrower;

but a person is not to be treated as administering a regulated mortgage contract merely because he has, or exercises, a right to take action for the purposes of enforcing the contract (or to require that such action is or is not taken);

c

“credit" includes a cash loan, and any other form of financial accommodation.

4

For the purposes of F3paragraph 3(a)—

F9a

a “first legal mortgage" means a legal mortgage ranking in priority ahead of all other mortgages (if any) affecting the land in question, where “mortgage" includes charge and (in Scotland) a heritable security;

F9a

“mortgage” includes a charge and (in Scotland) a heritable security;

b

the area of any land which comprises a building or other structure containing two or more storeys is to be taken to be the aggregate of the floor areas of each of those storeys;

c

“related person", in relation to the borrower or (in the case of credit provided to trustees) a beneficiary of the trust, means—

i

that person’s spouse F4or civil partner;

ii

a person (whether or not of the opposite sex) whose relationship with that person has the characteristics of the relationship between husband and wife; or

iii

that person’s parent, brother, sister, child, grandparent or grandchild; F10and

F6d

F11“timeshare accommodation” means overnight accommodation which is the subject of a timeshare contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.