The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014

Transitional provision in relation to this Order

12.—(1) This article makes provision in connection with the application of the provisions of the Consumer Credit Act 1974 (the “1974 Act”) to a green deal plan which—

(a) is made in the period starting with 1 April 2014 and ending with the day on which this Order is made, and

(b) is not a regulated credit agreement for the purposes of Chapter 14A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 at the time it is made, but

(c) becomes on the coming into force of this Order a regulated credit agreement for those purposes in consequence of provision made by this Order (an “interim plan”).

(2) Sections 55(1), 55C(2), 60(3), 61(4), 61A(5), 62(6), 63(7), 64(8), 65, 66A(9), 67 to 73(10), 75A(11), 80, 94 to 97A(12), 102, 105 to 107(13), 129(14) to 130, 136 and 173(15) of the 1974 Act do not apply to an interim plan.

(3) Sections 76, 86, 87(16) and 98 of the 1974 Act do not apply in respect of an entitlement of the creditor to take a step or action which arises in connection with an interim plan before this Order comes into force.

(4) Sections 77(17), 77B(18) and 110(19) of the 1974 Act do not apply to an interim plan in respect of a request which is received by the creditor before this Order comes into force.

(5) Section 78A(20) of the 1974 Act does not apply to an interim plan in respect of a change in interest rate which takes effect before this Order comes into force.

(6) Section 82(1) to (1E)(21) of the 1974 Act does not apply to a variation to an interim plan which takes effect before this Order comes into force.

(7) Sections 86E(22), 86F(23) and 93(24) of the 1974 Act do not apply to an interim plan in respect of a sum which first becomes payable before this Order comes into force.

(8) Section 130A(25) of the 1974 Act does not apply to an interim plan in respect of a sum that is required to be paid under a judgment given before this Order comes into force.

(1)

Section 55 was amended by S.I. 2010/1010, regulations 2 and 16.

(2)

Section 55C was inserted by S.I. 2010/1010, regulations 2 and 6, and amended by S.I. 2013/1881, regulation 20.

(3)

Section 60 was amended by section 278 of and Schedule 25 to the Enterprise Act 2002 (c.40), S.I. 2010/1010, regulations 2 and 7, S.I. 2013/1881, article 20, and S.I. 2013/1882, article 7.

(4)

Section 61 was amended by S.I. 2004/3236, article 2.

(5)

Section 61A was inserted by S.I. 2010/1010, regulations 2 and 8, and amended by S.I. 2013/1881, article 20.

(6)

Section 62 was amended by S.I. 2010/1010, regulations 2 and 10.

(7)

Section 63 was amended by S.I. 2004, 3236, article 2 and S.I. 2010/1010, regulations 2 and 11.

(8)

Section 64 was amended by section 278 of and Schedule 25 to the Enterprise Act 2002, S.I. 2004/3236, article 2, and S.I. 2013/1882, article 7.

(9)

Section 66A was inserted by S.I. 2010/1010, regulations 2 and 13 (as amended by S.I. 2010/1969, regulations 2 and 8).

(10)

Section 67 was amended by S.I. 2010/1010, regulations 2 and 14. Section 69 was amended by S.I. 2004/3236, article 2. Section 70 was amended by S.I. 1998/997, article 3 and Schedule.

(11)

Section 75A was inserted by S.I. 2010/1010, regulations 2 and 25 (as amended by S.I. 2010/1969, regulations 2 and 8), and S.I. 2013/1881, article 20.

(12)

Section 94 was amended by S.I. 2010/1010, regulations 2 and 30, and section 29 of the Energy Act 2011. Section 95 was amended by S.I. 2010/1010, regulations 2 and 31. Section 95A was inserted by S.I. 2010/1010, regulations 2 and 32. Section 95B was inserted by section 29 of the Energy Act 2011. Section 97 was amended by S.I. 2008/1277, regulation 30, Schedules 2 and 4, and S.I. 2010/1010, regulations 2 and 33. Section 97A was inserted by S.I. 2010/1010, regulations 2 and 34, and amended by section 29 of the Energy Act 2011.

(13)

Section 107 was amended by S.I. 1998/997, article 3 and Schedule, and S.I. 2008/1277, regulation 30 and Schedules 2 and 4.

(14)

Section 129 was amended by section 108 of and Schedule 6 to the Debtors (Scotland) Act 1987 (c.18), and section 16 of the Consumer Credit Act 2006 (c.14).

(15)

Section 173 was amended by section 278 of and Schedule 25 to the Enterprise Act 2002, and S.I. 2013/1881, article 20.

(16)

Section 87 was amended by S.I. 2010/1010, regulations 2 and 37.

(17)

Section 77 was amended by S.I. 1998/997, article 3 and Schedule, S.I. 2008/1277, regulation 30 and Schedules 2 and 4, and section 27 of the Energy Act 2011.

(18)

Section 77B was inserted by S.I. 2010/1010, regulations 2 and 26, section 27 of the Energy Act 2011, and S.I. 2013/1881, article 20.

(19)

Section 110 was amended by S.I. 1998/997, article 3 and Schedule, and S.I. 2008/1277, regulation 20 and Schedules 2 and 4.

(20)

Section 78A was inserted by S.I. 2010/1010, regulations 2 and 27.

(21)

Section 82(1A) to (1E) was inserted by S.I. 2010/1010, regulations 2 and 28.

(22)

Section 86E was inserted by section 12 of the Consumer Credit Act 2006.

(23)

Section 86F was inserted by section 13 of the Consumer Credit Act 2006.

(24)

Section 93 was amended by S.I. 2013/1881, article 20.

(25)

Section 130A was inserted by section 17 of the Consumer Credit Act 2006.