There has been published the Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 (the Order) together with an explanatory memorandum.

The Order relates to the green deal energy efficiency scheme and in summary makes provisions which mirror that made in the Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014.

In particular, the Order clarifies who is to be treated as the “borrower” and “lender” in relation to a green deal plan and the circumstances in which green deal plans are “credit agreements” for the purposes of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (the RAO). It also clarifies that green deal plans are “borrower-lender-supplier agreements” and “restricted-use credit agreements” for the purposes of the RAO and amends the exemption in article 60C(4)(c) of the RAO, which applies to green deal plans entered into for business purposes and clarifies that this can only apply if the property is a non-domestic property.

View The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014, 17 July 2014