PART II SPECIFIED ACTIVITIES
F3Chapter 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
There is excluded from article 39G(1) steps taken under or in relation to an agreement F1by 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 F2by 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.
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.
Activities carried on in relation to a relevant agreement in relation to land39J
There F4is excluded from articles 39D, 39E, 39F and 39G F5any activity that relates to a regulated mortgage contract or a regulated home purchase plan F6to 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.
F12Activities carried on by members of the legal profession etc39K
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) in the course of providing advocacy services or litigation services;
c
a solicitor (within the meaning of the Solicitors (Scotland) Act 1980) in the course of providing advocacy services or litigation services;
d
a solicitor (within the meaning of the Solicitors (Northern Ireland) Order 1976) in the course of providing advocacy services or litigation services;
e
a relevant person (other than a person falling within sub-paragraph (a) to (d)) in the course of providing advocacy services or litigation services.
2
In paragraph (1)—
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide for the purpose of those proceedings or contemplated proceedings;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide for the purpose of those proceedings or contemplated proceedings;
“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).
F13Activities carried on by reason of providing pensions guidance under Part 20A of the Act39KA
1
There are excluded from article 39E activities carried on by reason of providing pensions guidance under arrangements made with the Treasury pursuant to section 333B of the Act.
2
For the purposes of paragraph (1), pensions guidance given by a designated guidance provider is given under arrangements made with the Treasury.
Pt. 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