PART 3European Union (Withdrawal) Act 2018: amendment of the 2004 Regulations

Amendment of the 2004 RegulationsI74

The 2004 Regulations are amended as follows.

Annotations:
Commencement Information
I7

Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Amendment of regulation 2I15

In regulation 2(1) (interpretation)—

a

omit the definition of “the European Consumer Credit Information form”M1;

b

after the definition of “means of distance communication”, insert—

the Pre-Contract Credit Information (Overdrafts) form” means the form set out in Schedule 3 to the Disclosure of Information Regulations;

Annotations:
Commencement Information
I1

Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations
M1

The definition of “the European Consumer Credit Information form” was inserted by S.I. 2010/1010.

Amendment of regulation 4I26

In regulation 4 (scope)—

a

for paragraph (1) substitute—

1

Regulations 7 to 11 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in an EEA State and a consumer in the United Kingdom unless the EEA supplier is—

a

a payments supplier,

b

a relevant EEA AIFM, or

c

the operator, trustee or depositary of a relevant recognised scheme.

1A

Regulations 12 and 13 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in an EEA State and a consumer in the United Kingdom unless the EEA supplier is—

a

an authorised person, or

b

a payments supplier.

1B

Regulation 15 does not apply in relation to any supply of financial services by an EEA supplier from an establishment in an EEA State to a consumer in the United Kingdom unless the EEA supplier is—

a

a payments supplier,

b

a relevant EEA AIFM, or

c

the operator, trustee or depositary of a relevant recognised scheme

1C

For the purposes of paragraphs (1) to (1B)—

  • payments supplier” means an EEA supplier to whom paragraph 2 or 14 of Schedule 3 to the Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 applies;

  • relevant EEA AIFM” means an EEA AIFM (within the meaning given in regulation 78A(1)(b) of the Alternative Investment Fund Managers Regulations 2013) to whom regulation 78B of those Regulations applies.

b

in paragraph (6), for “paragraph (5)” substitute “ paragraphs (1), (1B) and (5) ”.

Amendment of regulation 7I37

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

a

in paragraph (1A) M3, omit “, 17”;

b

in paragraph (7)(a) for “European Consumer Credit Information form” substitute “ Pre-contract Credit Information (Overdrafts) form ”.

Amendment of regulation 8I48

In regulation 8 (written and additional information)—

a

in paragraph (1A) M4, omit “, 17”;

b

in paragraph (1C)(a)(i) M5, for “European Consumer Credit Information form” substitute “ Pre-contract Credit Information (Overdrafts) form ”.

Amendment of regulation 16I59

In regulation 16 (prevention of contracting-out), for paragraph (3) substitute—

3

These Regulations apply despite any contract term which applies or purports to apply the law of a country other than the United Kingdom, if the contract or supply has a close connection with the United Kingdom or any part of the United Kingdom.

Amendment of Schedule 1I610

In Schedule 1 (information required prior to the conclusion of the contract)—

a

in paragraph 2, for “consumer's State of residence” substitute “ United Kingdom ”;

b

omit paragraph 17;

c

in paragraph 21, for “except to” to the end substitute “ as applicable to the contract ”.