PART 3European Union (Withdrawal) Act 2018: amendment of the 2004 Regulations
Amendment of the 2004 RegulationsI74
The 2004 Regulations are amended as follows.
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;
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
”
.