The Financial Services (Distance Marketing) (Amendment and Savings Provisions) (EU Exit) Regulations 2019

• Citation: S.I. 2019/574
• Sections: 11

Section 1 Citation and commencement

(1) These Regulations may be cited as the Financial Services (Distance Marketing) (Amendment and Savings Provisions) (EU Exit) Regulations 2019.

(2) This Part and Part 2 come into force on the day after the day on which these Regulations are made.

(3) Otherwise, these Regulations come into force on exit day.

Section 2 Interpretation

In these Regulations, “ the 2004 Regulations ” means the Financial Services (Distance Marketing) Regulations 2004 .

Section 3 Amendment of the 2004 Regulations

In regulation 2(1) of the 2004 Regulations for the definition of “the Directive” substitute—

“ the Directive ” means Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 1990/619/EEC and Directives 1997/7/EC and 1998/27/EC ;

Section 4 Amendment of the 2004 Regulations

The 2004 Regulations are amended as follows.

Section 5 Amendment of regulation 2

In regulation 2(1) (interpretation)—

(a) omit the definition of “the European Consumer Credit Information form” ;

(b) after the definition of “means of distance communication”, insert—

“ the Pre-Contract Credit Information (Overdrafts) form ” means the form set out in Schedule 3 to the Disclosure of Information Regulations;

Section 6 Amendment of regulation 4

In regulation 4 (scope)—

(a) for paragraph (1) substitute—

(1) Regulations 7 to 11 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in an EEA State and a consumer in the United Kingdom unless the EEA supplier is—

(a) a payments supplier,

(b) a relevant EEA AIFM, or

(c) the operator, trustee or depositary of a relevant recognised scheme.

(1A) Regulations 12 and 13 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in an EEA State and a consumer in the United Kingdom unless the EEA supplier is—

(a) an authorised person, or

(b) a payments supplier.

(1B) Regulation 15 does not apply in relation to any supply of financial services by an EEA supplier from an establishment in an EEA State to a consumer in the United Kingdom unless the EEA supplier is—

(a) a payments supplier,

(b) a relevant EEA AIFM, or

(c) the operator, trustee or depositary of a relevant recognised scheme

(1C) For the purposes of paragraphs (1) to (1B)—

“ payments supplier ” means an EEA supplier to whom paragraph 2 or 14 of Schedule 3 to the Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 applies;

“ relevant EEA AIFM ” means an EEA AIFM (within the meaning given in regulation 78A(1)(b) of the Alternative Investment Fund Managers Regulations 2013) to whom regulation 78B of those Regulations applies.

(b) in paragraph (6), for “paragraph (5)” substitute “ paragraphs (1), (1B) and (5) ” .

Section 7 Amendment of regulation 7

In regulation 7 (information required prior to the conclusion of the contract)—

(a) in paragraph (1A) , omit “, 17”;

(b) in paragraph (7)(a) for “European Consumer Credit Information form” substitute “ Pre-contract Credit Information (Overdrafts) form ” .

Section 8 Amendment of regulation 8

In regulation 8 (written and additional information)—

(a) in paragraph (1A) , omit “, 17”;

(b) in paragraph (1C)(a)(i) , for “European Consumer Credit Information form” substitute “ Pre-contract Credit Information (Overdrafts) form ” .

Section 9 Amendment of regulation 16

In regulation 16 (prevention of contracting-out), for paragraph (3) substitute—

(3) These Regulations apply despite any contract term which applies or purports to apply the law of a country other than the United Kingdom, if the contract or supply has a close connection with the United Kingdom or any part of the United Kingdom.

Section 10 Amendment of Schedule 1

In Schedule 1 (information required prior to the conclusion of the contract)—

(a) in paragraph 2, for “consumer's State of residence” substitute “ United Kingdom ” ;

(b) omit paragraph 17;

(c) in paragraph 21, for “except to” to the end substitute “ as applicable to the contract ” .

Section 11 Savings

(1) Despite the amendments made to regulation 4(1) of the 2004 Regulations (by regulation 6 of these Regulations)—

(a) regulations 7 to 13 of the 2004 Regulations do not apply in relation to any contract made before IP completion day between an EEA supplier contracting from an establishment in an EEA state and a consumer in the United Kingdom;

(b) regulation 15 of the 2004 Regulations does not apply to any supply of financial services before IP completion day by an EEA supplier from an establishment in an EEA state to a consumer in the United Kingdom.

(2) In this regulation, “consumer” and “EEA supplier” have the meanings given in the 2004 Regulations (see regulation 2 of those Regulations).