The Consumer Credit (Advertisements) Regulations 2004

Exclusions

10.—(1) These Regulations do not apply to any advertisement which—

(a) whether expressly or by implication indicates clearly that a person is willing—

(i) to provide credit, or

(ii) to enter into an agreement for the bailment of goods,

for the purposes of another person’s business, and

(b) does not indicate (whether expressly or by implication) that a person is willing to do either of those things otherwise than for the purposes of such a business.

(2) References in paragraph (1) to a business do not include references to a business carried on by the advertiser or any person acting as a credit-broker in relation to the credit or hire facility to which the advertisement relates.

(3) These Regulations do not apply to any advertisement in so far as it is a communication of an invitation or inducement to engage in investment activity within the meaning of section 21 of the Financial Services and Markets Act 2000, other than an exempt generic communication.

(4) An “exempt generic communication” is a communication to which subsection (1) of section 21 of the Financial Services and Markets Act does not apply, as a result of an order under subsection (5) of that section, because it does not identify a person as providing an investment or as carrying on an activity to which the communication relates.

(5) These Regulations do not apply to any advertisement in so far as it is a communication of an invitation or inducement to enter into a regulated mortgage contract within the meaning of article 61 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1).

(1)

S.I. 2001/544; relevant amending instruments are S.I. 2001/1777 and 2001/3544.