PART 3Amendments to secondary legislation

Financial Services (Distance Marketing) Regulations 2004

87.  In regulation 7 (information required prior to the conclusion of the contract)—

(a)in paragraph (1), for “paragraphs (1A) and (4)”, substitute “paragraphs (1A), (4), (6) and (7)”;

(b)after paragraph (5), insert—

(6) This regulation shall not apply to a distance contract which is also a consumer credit agreement (other than an authorised non-business overdraft agreement) in respect of which the supplier has disclosed the pre-contract credit information required by regulations 3, 4 or 5, as the case may be, and 7, of the Disclosure of Information Regulations (information to be disclosed to a debtor before a regulated consumer credit agreement is made) in accordance with those Regulations.

(7) This regulation shall not apply to a distance contract which is also an authorised non-business overdraft agreement in respect of which—

(a)the supplier has disclosed the information required by regulation 10(2) of the Disclosure of Information Regulations (authorised non-business overdraft agreements) by means of the European Consumer Credit Information form in accordance with those Regulations; or

(b)in the case of a voice telephone communication, the supplier has—

(i)disclosed the information required by regulation 10(5) of the Disclosure of Information Regulations in accordance with those Regulations; and

(ii)provided a copy of the written agreement in accordance with section 61B(2)(b) of the Consumer Credit Act 1974; or

(c)in the case of an agreement made using a means of distance communication, other than voice telephone communication, such that the supplier is unable to provide the information required by regulation 10(2) of the Disclosure of Information Regulations, the supplier has—

(i)provided a copy of the written agreement in accordance with section 61B(2)(c) of the Consumer Credit Act 1974, and

(ii)in relation to the contractual obligations which would arise if the distance contract were concluded, provided information which accurately reflects the contractual obligations which would arise under the law presumed to be applicable to that contract..