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The Financial Services (Distance Marketing) (Amendment and Savings Provisions) (EU Exit) Regulations 2019, PART 3 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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4. The 2004 Regulations are amended as follows.
Commencement Information
I1Reg. 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)
5. 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;”.
Commencement Information
I2Reg. 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
M1The definition of “the European Consumer Credit Information form” was inserted by S.I. 2010/1010.
6. 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.”M2.
(b)in paragraph (6), for “paragraph (5)” substitute “ paragraphs (1), (1B) and (5) ”.
Commencement Information
I3Reg. 6 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
M2S.I. 2018/1201 and S.I. 2013/1773. Regulations 78A and 78B of the 2013 Regulations were inserted by the Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328).
7. 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 ”.
Commencement Information
I4Reg. 7 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
M3Paragraph (1A) of regulation 7 was inserted by S.I. 2009/209 and amended by S.I. 2017/752.
8. 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 ”.
Commencement Information
I5Reg. 8 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
M4Paragraph (1A) of regulation 8 was inserted by S.I. 2009/209 and amended by S.I. 2017/752
M5Paragraph (1C) of regulation 8 was inserted by S.I. 2010/1010.
9. 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.”.
Commencement Information
I6Reg. 9 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)
10. 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 ”.
Commencement Information
I7Reg. 10 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)
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