The European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 (S.I. No. 853 of 2004) are amended -

(a) in Regulation 3 -

(i) by substituting the following for the definition of "agent":

"'agent' includes nominee;",

and

(ii) by inserting the following after paragraph (5):

"(6) Where an intermediary acts between a consumer and a supplier of a financial service then there is a distance contract for the supply of a financial service but only if, treating the intermediary as the supplier, there would have been a distance contract.",

(b) in Regulation 6 by substituting the following for paragraph (6):

"(6)

(a) Subject to subparagraph (b), a distance contract for the supply of a financial service is not enforceable against the consumer if the supplier has failed to comply with an obligation imposed on the supplier by this Regulation.

(b) Where a court of competent jurisdiction is satisfied that -

(i) the failure to comply with an obligation imposed on the supplier by this Regulation was not deliberate and has not prejudiced the consumer, and