Status: You are viewing the version of the handbook as on 2009-03-31.

regulated mortgage contract

      1. (a) (in relation to a contract) a contract which:42
        1. 42(i) (in accordance with article 61(3) of the Regulated Activities Order)42 at the time it is entered into, meets the following conditions:
          1. (42A42) a lender provides credit to an individual or to trustees (the 'borrower'); and
          1. (42B42) the obligation of the borrower to repay is secured by a first legalmortgage on land (other than timeshare accommodation) in the United Kingdom , at least 40% of which is used, or is intended to be used, in the case of credit provided to an individual, as or in connection with a dwelling; or (in the case of credit provided to a trustee who is not an individual), as or in connection with a dwelling by the borrower or (in the case of credit provided to trustees) by an individual who is a beneficiary of the trust, or by a person who is in relation to the borrower or (in the case of credit provided to trustees) a beneficiary of the trust: or (in the case of credit provided to trustees) a beneficiary of the trust:
            1. (42I42) that person's spouse 33or civil partner; or
            1. (42II42) a person (whether or not of the opposite sex) whose relationship with that person has the characteristics of the relationship between husband and wife; or
            1. (42III42) that person's parent, brother, sister, child, grandparent or grandchild42; and42
        1. 42(ii) is not a home purchase plan.
      1. 1417(b) (in relation to a specified investment) the investment, specified in article 88 of the Regulated Activities Order, which is rights under a regulated mortgage contract within (a).
42