The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2005
This Order amends two sections of the Consumer Credit Act 1974 (c. 39). The first section that it amends, section 82, deals with variation of agreements. The amendments exclude a certain type of modifying agreement from the provisions of subsections (2), (3) and (5) of section 82. The type of modifying agreement excluded is an agreement which is not regulated under the Act because it is secured by a land mortgage and entering into that agreement as lender is regulated under the Financial Services and Markets Act 2000 (“the 2000 Act”). Mortgage agreements regulated under the 2000 Act are therefore not regulated under the Consumer Credit Act 1974 where they otherwise would be by virtue of modifying an agreement that is regulated under that Act.