- (a) (in relation to a contract) a contract which:42
- 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:
- (42A42) a lender provides credit to an individual or to trustees (the 'borrower'); and
- (42B42) the obligation of the borrower to repay is secured by a 143mortgage on land 143in the EEA,143 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 143 by an individual who is a beneficiary of the trust, or by a person who is in relation to the borrower
- 42(ii) is not a home purchase plan, a limited payment second charge bridging loan, a second charge business loan, an investment property loan, an exempt consumer buy-to-let mortgage contract or a limited interest second charge credit union loan within the meaning of article 61A(1) or (2) of the Regulated Activities Order.143
17(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).
[Note: articles 3(1)(a) and 4(2) of the MCD]143