S.L. 378.10 Art. 3Scope and application.

(1) These regulations shall apply to:

(a) credit agreements which are secured by a hypothec or privilege on residential immovable property or secured by a right related to residential immovable property; and

(b) credit agreements the purpose of which is to acquire or retain property rights in land or in an existing or projected building.

(2) These regulations shall not apply to:

(a) equity release credit agreements where the creditor:

(i) contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the future sale of a residential immovable property or a right relating to residential immovable property; and

(ii) will not seek repayment of the credit until the occurrence of one or more specified life events of the consumer as may be defined by the competent authorities, unless the consumer breaches his contractual obligations which allows the creditor to terminate the credit agreement;

(b) credit agreements where the credit is granted by an employer to his employees as a secondary activity where such a credit agreement is offered free of interest or at an APRC lower than those prevailing on the market and not offered to the public generally;

(c) credit agreements where the credit is granted free of interest and without any other charges except those that recover costs directly related to the securing of the credit;

(d) credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month;

(e) credit agreements which are the outcome of a settlement reached in court or before another statutory authority;

(f) credit agreements which relate to the deferred payment, free of charge, of an existing debt and which do not fall within the scope of sub-regulation (1)(a).