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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 April 2014 - onwards
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Article 48 Enforcement of agreements made by unlicensed trader

(1) This article applies to a regulated agreement entered into before 1st April 2014 ("a relevant agreement").

(2) A relevant agreement is not enforceable against the debtor or hirer by a person carrying on a regulated activity of the kind specified by article 60B(2) or 60N(2) of the Regulated Activities Order (as the case may be) if that person does not have permission to carry on that activity.

(3) Section 40(1A) and (2) of the 1974 Act continue to apply to a relevant agreement with the following modifications -

(a) after "Unless the OFT has" insert "before 1st April 2014";

(b) after "applies to the agreement" insert "or the FCA has given a notice under section 28A of the Financial Services and Markets Act 2000 by virtue of subsection (1B)";

(c) after subsection (1A) there is inserted -

"(1B) Sections 28A and 28B of the Financial Services and Markets Act 2000 [Sections 28A and 28B were inserted by the Financial Services Act 2012, Schedule 9, paragraphs 1 and 8.] apply to a regulated

Comparing proposed amendment...