LegalizeThe Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
- (4) The case specified in this paragraph is where a supplier (other than a domestic premises supplier) carries on the activity for the purposes of, or in connection with, the sale of goods or supply of services by the supplier to a customer (who need not be the borrower under the credit agreement or the hirer under the consumer hire agreement).
- (5) The case specified in this paragraph is where the activity relates to a green deal plan.
- (6) The case specified in this paragraph is where the activity relates to a consumer hire agreement (within the meaning given by article 60N of the Regulated Activities Order) where the goods being hired are a vehicle.
- (7) For the purposes of this regulation—
- “borrower” includes—any person providing a guarantee or indemnity under an agreement, anda person to whom the rights and duties of the borrower under an agreement or a person falling within sub-paragraph (a) have passed by assignment or operation of law;
- “conditional sale agreement” has the meaning given by article 60L of the Regulated Activities Order;
- “customer” means a person to whom a supplier sells goods or supplies services or agrees to do so;
- “domestic premises supplier” means a supplier who sells goods or supplies services to customers who are individuals while physically present in the dwelling of the customer or in consequence of an agreement concluded whilst the supplier was physically present in the dwelling of the customer (but a supplier who does so on an occasional basis is not to be treated as a “domestic premises supplier”);
- “green deal plan” has the meaning given by section 1 of the Energy Act 2011;
- “hire-purchase agreement” has the meaning given by article 60L of the Regulated Activities Order;
- “not-for-profit body” means a body who, by virtue of its constitution or any enactment—is required (after payment of outgoings) to apply the whole of its income and any capital it expends for charitable or public purposes, andis prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);
- “regulated credit agreement” has the meaning given by article 60B of the Regulated Activities Order;
- “supplier” means a person whose main business is to sell goods or supply services and not to carry on a regulated activity, other than an activity of the kind specified by article 60N of the Regulated Activities Order (regulated consumer hire agreements).
- (8) The requirements in regulation 3 are prescribed for the purposes of section 39(1C)(b)(ii) of the Act with the modification that references to the representative in that regulation are to be treated as if they were references to P.
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