In section 40 of the Consumer Credit Act 1974 (enforcement of agreements made by unlicensed trader), after subsection (5) insert -
"(6) This section does not apply to a regulated agreement, other than a non-commercial agreement, made by a consumer credit EEA firm unless at the time it was made that firm was precluded from entering into it as a result of -
(a) a consumer credit prohibition imposed under section 203 of the Financial Services and Markets Act 2000; or
(b) a restriction imposed on the firm under section 204 of that Act.".