PART II SPECIFIED ACTIVITIES
F1Chapter 7BActivities in Relation to Debt
Exclusions
Activities where person has a connection to the agreement39H
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.
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
4
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.
Activities carried on by certain energy suppliers39I
1
There are excluded from articles 39D, 39E, 39F and 39G activities carried on by a relevant energy supplier acting in that capacity in relation to debts due under a green deal plan associated with the supplier.
2
A green deal plan is associated with a supplier if the payments under the plan are to be made to the supplier.
3
In this article—
a
“green deal plan” has the meaning given by section 1 of the Energy Act 2011;
b
“relevant energy supplier” has the meaning given in regulations made for the purpose of section 2(9) of that Act.
Activities carried on in relation to a relevant agreement in relation to land39J
There F5areF5is excluded from articles 39D, 39E, 39F and 39G F6activities that relateF6any activity that relates to a regulated mortgage contract or a regulated home purchase plan F7to the extent that the activity constitutes an activity of the kind specified by a provision of Part 2 of this Order other than articles 39D, 39E, 39F and 39G, where entering into that contract as lender constitutes an activity of the kind specified by article 61 or entering into that plan as home purchase provider constitutes an activity of the kind under article 63F.
Activities carried on by members of the legal profession etc.39K
1
There are excluded from articles 39D, 39E, 39F and 39G activities carried on by—
a
a barrister or advocate acting in that capacity;
b
a solicitor (within the meaning of the Solicitors Act 1974) acting in the course of contentious business (as defined in section 87(1) of that Act);
c
a solicitor within the meaning of the Solicitors (Scotland) Act 1980 engaging in business done in or for the purposes of proceedings before a court or before an arbitrator;
d
a solicitor in Northern Ireland engaging in contentious business as defined in Article 3(2) of the Solicitors (Northern Ireland) Order 1976;
e
a relevant person (other than a person falling within sub-paragraph (a) to (d)) acting in the course of contentious business.
2
In sub-paragraph (e) of paragraph (1)—
“contentious business” means business done in or for the purposes of proceedings begun before a court or before an arbitrator, not being non-contentious or common form probate business (within the meaning of section 128 of the Senior Courts Act 1981);
“relevant person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
Pt. 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