Exclusions
11.—(1) These Regulations do not apply to a credit advertisement which—
(a)whether expressly or by implication indicates clearly that a person is willing to provide credit for the purposes of another person’s business, and
(b)does not indicate (whether expressly or by implication) that a person is willing to provide credit 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 facility to which the credit advertisement relates.
(3) These Regulations do not apply to any credit advertisement in so far as it is a communication of an invitation or inducement to—
(a)engage in investment activity within the meaning of section 21 of the Financial Services and Markets Act 2000(1), other than an exempt generic communication;
(b)enter into a regulated home purchase plan within the meaning of article 63F of the Financial Services and Markets Act (Regulated Activities) Order 2001(2).
(4) An “exempt generic communication” is a communication to which subsection (1) of section 21 of the Financial Services and Markets Act 2000 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 carrying on an activity to which the communication relates.
(5) These Regulations do not apply to a credit advertisement in so far as it relates to a consumer credit agreement secured on land.
S.I. 2001/544; section 63F was inserted by articles 2 and 18 of S.I. 2006/2383.