53A.—(1) Advising a person is a specified kind of activity if the advice—
(a)is given to the person in his capacity as a borrower or potential borrower; and
(b)is advice on the merits of his doing any of the following—
(i)entering into a particular regulated mortgage contract, or
(ii)varying the terms of a regulated mortgage contract [F2falling within paragraph (1A)] entered into by him F3... in such a way as to vary his obligations under that contract.
[F4(1A) A regulated mortgage contract falls within this paragraph if—
(a)the contract was entered into on or after 31st October 2004; or
(b)the contract—
(i)was entered into before 31st October 2004; and
(ii)was a regulated credit agreement immediately before 21st March 2016.]
(2) In this article, “borrower” has the meaning given by article 61(3)(a)(i).]
Textual Amendments
F1Art. 53A inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475), arts. 1(3), 13
F2Words in art. 53A(1)(b)(ii) inserted (17.3.2016 for specified purposes, 21.3.2016 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392), art. 1(2)(3)(c), 2(7)(a)(i) (with Pt. 5)
F3Words in art. 53A(1)(b)(ii) omitted (17.3.2016 for specified purposes, 21.3.2016 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 (S.I. 2016/392), art. 1(2)(3)(c), 2(7)(a)(ii) (with Pt. 5)