Textual Amendments
F1Pt. II Ch. 7B inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), 5
39D.—(1) When carried on in relation to debts due under a credit agreement—
(a)negotiating with the lender, on behalf of the borrower, terms for the discharge of a debt,
(b)taking over, in return for payments by the borrower, that person’s obligation to discharge a debt, or
(c)any similar activity concerned with the liquidation of a debt,
is a specified kind of activity.
(2) When carried on in relation to debts due under a consumer hire agreement—
(a)negotiating with the owner, on behalf of the hirer, terms for the discharge of a debt,
(b)taking over, in return for payments by the hirer, that person’s obligation to discharge a debt, or
(c)any similar activity concerned with the liquidation of a debt,
is a specified kind of activity.
39E.—(1) Giving advice to a borrower about the liquidation of a debt due under a credit agreement is a specified kind of activity.
(2) Giving advice to a hirer about the liquidation of a debt due under a consumer hire agreement is a specified kind of activity.
39F.—(1) Taking steps to procure the payment of a debt due under a credit agreement or a relevant article 36H agreement is a specified kind of activity.
(2) Taking steps to procure the payment of a debt due under a consumer hire agreement is a specified kind of activity.
(3) Paragraph (1) does not apply in so far as the activity is an activity of the kind specified by article 36H (operating an electronic system in relation to lending).
(4) In this article, “relevant article 36H agreement” means an article 36H agreement (within the meaning of article 36H) which has been entered into with the facilitation of an authorised person with permission to carry on a regulated activity of the kind specified by that article.
39G.—(1) Subject to paragraph (3), taking steps—
(a)to perform duties under a credit agreement or relevant article 36H agreement on behalf of the lender, or
(b)to exercise or enforce rights under such an agreement on behalf of the lender,
is a specified kind of activity
(2) Subject to paragraph (3), taking steps—
(a)to perform duties under a consumer hire agreement on behalf of the owner, or
(b)to exercise or enforce rights under such an agreement on behalf of the owner,
is a specified kind of activity.
(3) Paragraphs (1) and (2) do not apply in so far as the activity is an activity of the kind specified by article 36H (operating an electronic system in relation to lending) or article 39F (debt-collecting).
(4) In this article, “relevant article 36H agreement” means an article 36H agreement (within the meaning of article 36H) which has been entered into with the facilitation of an authorised person with permission to carry on a regulated activity of the kind specified by that article.]