In the Financial Services (Distance Marketing) Regulations 2004(274)—. 2001/3649, S.I. 60G.—(1) A credit agreement is an exempt agreement for the purposes of this Chapter in the following cases. and secured by a legal mortgage on that land, a borrower-lender agreement secured by a legal mortgage on land, or, a borrower-lender-supplier agreement financing a transaction which is a linked transaction in relation to—, an agreement falling within sub-paragraph (a), or, an agreement falling within sub-paragraph (b) financing—. 37.—(1) Paragraphs (3) to (5) apply if, before 1st April 2014—. Inserted by S.I. 44. 2007/126, S.I. presenting or offering paragraph 4C agreements to B and C with a view to B becoming the lender under the paragraph 4C agreement and C becoming the borrower under the paragraph 4C agreement, enter into, as the lender, a paragraph 4C agreement with Y, or. Amendments to secondary legislation made under the 1974 Act, the Consumer Credit Licensing (Representations) Order 1976(, the Consumer Credit (Termination of Licences) Regulations 1976(, the Consumer Credit (Conduct of Business) (Credit References) Regulations 1977(, the Consumer Credit (Total Charge for Credit) Regulations 1980(, the Consumer Credit (Termination of Licences) (Amendment) Regulations 1981(, the Consumer Credit (Conduct of Business) (Pawn Records) Regulations 1983(, the Consumer Credit (Exempt Advertisements) Order 1985(, the Consumer Credit (Total Charge for Credit and Rebate on Early Settlement) (Amendment) Regulations 1989(, the Consumer Credit (Exempt Agreements) Order 1989(, the Consumer Credit (Exempt Agreements) (Amendment) Order 1989(, the Consumer Credit (Exempt Agreements) (Amendment) (No. Amended by S.I. Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. 6. a solicitor (within the meaning of the Solicitors Act 1974) acting in the course of contentious business (as defined in section 87(1) of that Act); a solicitor within the meaning of the Solicitors (Scotland) Act 1980 engaging in business done in or for the purposes of proceedings before a court or before an arbitrator; a solicitor in Northern Ireland engaging in contentious business as defined in Article 3(2) of the Solicitors (Northern Ireland) Order 1976; Articles 39D, 39E, 39F and 39G are also subject to the exclusion in article 72A (information society services). subsection (2) and paragraph (b) of subsection (3) of section 28A do not apply; for subsections (4) to (6) of section 28A substitute—. 2) Order 1996(162); (u)the Consumer Credit (Quotations) (Revocation) Regulations 1997(163); (v)the Consumer Credit (Exempt Agreements) (Amendment) Order 1998(164); (w)the Consumer Credit (Exempt Agreements) (Amendment) Order 1999(165); (x)the Consumer Credit (Content of Quotations) and Consumer Credit (Advertisements) (Amendment) Regulations 1999(166); (y)regulations 3 and 5 of the Consumer Credit (Total Charge for Credit, Agreements and Advertisements) (Amendment) Regulations 1999(167); (z)the Consumer Credit (Conduct of Business) (Credit References) (Amendment) Regulations 2000(168); (aa)the Consumer Credit (Advertisements and Content of Quotations) (Amendment) Regulations 2000(169); (bb)the Consumer Credit (Advertisements) Regulations 2004(170); (cc)the Consumer Credit (Exempt Agreements) (Amendment) Order 2006(171); (dd)the Consumer Credit (Advertisements) (Amendment) Regulations 2007(172); (ee)the Consumer Credit (Exempt Agreements) Order 2007(173); (ff)the Consumer Credit (Exempt Agreements) (Amendment) Regulations 2008(174); (gg)the Consumer Credit (Total Charge for Credit) Regulations 2010(175); (hh)the Consumer Credit (Advertisements) Regulations 2010(176); (ii)the Consumer Credit (Total Charge for Credit) (Amendment) Regulations 2012(177). (7A) For the purposes of subsection (7), the “Consumer Credit Act provisions” are—. made by the lender under pre-existing arrangements between the lender and a person (“the supplier”) other than the borrower in the knowledge that the credit is to be used to finance a transaction between the borrower and the supplier; “conditional sale agreement” means an agreement for the sale of goods or land under which the purchase price or part of it is payable by instalments, and the property in the goods or land is to remain with the seller (notwithstanding that the buyer is to be in possession of the goods or land) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; “credit” includes a cash loan and any other form of financial accommodation; “credit union” means a credit union within the meaning of—. (a)in paragraph (1)(b), omit “, the OFT”; (b)in paragraph (2), omit sub-paragraph (c); (14) In regulation 46 (prosecution of offences)—. 1977/2163, S.I. 14.—(1) The Financial Services and Markets Act 2000 (Exemption) Order 2001(61) is amended as follows. There are other amending instruments but none is relevant to this Order. There are other amending instruments but none is relevant to this Order. “assignment”, in relation to Scotland, means assignation; “associate” means, in relation to a person (“P”)—, where P is an individual, any person who is or who has been—. (a)section 1G of the Act(241) (meaning of consumer); (b)section 1Q of the Act (Consumer Panel); (c)section 391(6)(b) of the Act(242) (publication); (d)section 68 of the Financial Services Act 2012 (cases in which Treasury may arrange independent inquiries). paragraph (7) does not apply to the agreement. 60E.—(1) A credit agreement is an exempt agreement for the purposes of this Chapter in the following cases. a person who exercises or has the right to exercise the rights and duties of a person who provided credit under such an agreement; “payment” (except in article 60F) means a payment comprising or including an amount in respect of credit; “regulated credit agreement” has the meaning given by article 60B; “relative” means brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendent; a partnership consisting of two or three persons not all of whom are bodies corporate, or. 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