C1PART 3Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
C1Article 60G (exempt agreements: exemptions relating to the total charge for credit)I1C1140
1
Article 60G M1 (exempt agreements: exemptions relating to the total charge for credit) is amended as follows.
2
In paragraph (2A)(a) M2, for “of a type described in Article 3(1) of the mortgages directive” substitute “
one to which subsection (2) of section 423A of the Act applies
”
.
3
In paragraph (2A)(b)—
a
for “of such a type” substitute “
one to which that subsection applies
”
;
b
in paragraph (i), for “of a kind to which the mortgages directive does not apply by virtue of Article 3(2) of that directive” substitute “
one to which subsection (3) of that section applies
”
;
c
in paragraph (ii) omit “within the meaning of Article 4(23) of the mortgages directive”.
4
In paragraph (8) M3, for “of a type described in Article 3(1) of the mortgages directive” substitute “
to which subsection (2) of section 423A of the Act applies
”
.
5
After that paragraph insert—
9
In this article “bridging loan” means a mortgage agreement that—
a
is of no fixed duration or is due to be repaid within 12 months, and
b
is used by a consumer, within the meaning given by section 423A(4) of the Act, as a temporary financing solution while transitioning to another financial arrangement for the immovable property concerned.
Pts. 3-6 modified in part (31.12.2020) by The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680), regs. 1(2), 11(1)(4)(5) (with reg. 11(8)-(10)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 40(f)); 2020 c. 1, Sch. 5 para. 1(1)