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The Consumer Credit (Agreements) Regulations 2010

Changes over time for: Section 2

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Version Superseded: 21/03/2016

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Agreements to which these regulations applyU.K.

This section has no associated Explanatory Memorandum

2.—(1) These Regulations apply in respect of a regulated consumer credit agreement except as provided for in [F1paragraphs (1A) to (5)].

[F2(1A) These Regulations apply to an agreement to which section 58 of the Act applies where—

(a)before the creditor gives the debtor the unexecuted agreement for his signature the creditor gives the debtor a copy of the unexecuted agreement in compliance or purported compliance with regulations 3 and 7 of, and Schedules 1 and 2 to, these Regulations, and

(b)the copy of the unexecuted agreement contains a heading and notice as set out in regulation 4(a)(ii) and (b)(ii) respectively of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.]

(2) These Regulations do not apply to an agreement mentioned in paragraph (3) unless pre-contract credit information has been disclosed in compliance (or in purported compliance) with the Information Regulations 2010.

(3) The agreements referred to in paragraph (2) are—

(a)an agreement secured on land [F3other than an agreement to which section 58 applies];

(b)an agreement under which the creditor provides the debtor with credit which exceeds £60,260 [F4other than a residential renovation agreement];

(c)an agreement entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

(4) Paragraph (2) and regulations 3 to 4 and 6 to 7 do not apply to an authorised non-business overdraft agreement or an authorised business overdraft agreement.

(5) Regulation 5 does not apply to a regulated consumer credit agreement which is also a distance contract unless the agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

[F5(6) Article 60C(5) and (6) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 applies for the purposes of paragraphs (3)(c) and (5).]

Textual Amendments

F4Words in reg. 2(3)(b) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 14(2) (with Pt. 4)

F5Reg. 2(6) substituted (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), 27(4)

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