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Status: You are viewing the version of the handbook as on 2019-02-22.

PROD 1.5 Application of PROD 5

General: Who? What?

PROD 1.5.1R

1PROD 5 applies to a firm which:

  1. (1)

    offers to sell an extended warranty to a customer; or

  2. (2)

    refers, invites or induces a customer to obtain an extended warranty from a person connected to the firm;

in connection with the entering into of a rent-to-own agreement with the firm.

PROD 1.5.2G

1A person connected to the firm includes someone who has a relevant business relationship with the firm.

Where?

PROD 1.5.3R

1PROD 5 applies to a firm with respect to activities carried on from an establishment maintained by it, or its appointed representative, in the United Kingdom.

EEA territorial scope rule: compatibility with European law

PROD 1.5.4R
  1. (1)

    1The territorial scope of PROD 5 is modified to the extent necessary to make it compatible with European law (see PROD 1.5.5G to PROD 1.5.7G for guidance on this).

  2. (2)

    This rule overrides every other rule in PROD 5.

Effects of the EEA territorial scope rule

PROD 1.5.5G

1The guidance in paragraph 2 of Part 4 of ICOBS 1 Annex 1 applies equally to the rules in PROD 5.

IDD, Solvency II, DMD: effect on territorial scope

PROD 1.5.6G

1The guidance on the IDD, Solvency II and Distance Marketing Directive in ICOBS 1 Annex 1 in relation to ICOBS 6A.1.4R applies equally to PROD 5.1.1R (to the extent that the extended warranty is a contract of insurance).

Electronic Commerce Directive: effect on territorial scope

PROD 1.5.7G

1The guidance on the Electronic Commerce Directive in ICOBS 1 Annex 1, Part 4, paragraph 8 applies equally in relation to the rules in PROD 5.