Draft Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025

Chris Vince Excerpts

Wednesday 25th June 2025 General Committees

[The Parliamentary Secretary to the Treasury (Torsten Bell)]

I beg to move,

That the Committee has considered the draft Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025.

It is a pleasure to serve under your chairmanship, Mr Stuart.

Consumers have waited too long for the change before us. More than 10 million people now use buy now, pay later products. When used responsibly, such products can help people manage their finances. Many especially value the fact that the products are interest-free, often making them an affordable alternative to credit cards and personal loans. Yet, unlike those traditional forms of credit, buy now, pay later products sit outside the UK’s consumer credit regulatory framework. That is because buy now, pay later products fall under an exemption originally designed to help small businesses offer instalment plans to their customers. In recent years, however, innovative fintechs have used the exemption to roll out buy now, pay later products offering to customers, usually at an online checkout, new ways to pay via the likes of Klarna, PayPal and Clearpay.

Small firms do not need authorisation from the Financial Conduct Authority, nor are buy now, pay later agreements required to adhere to the Consumer Credit Act. That approach makes sense for small businesses offering simple instalment plans for goods and services, but it is not right for the large-scale consumer credit lenders now in this market.

Back in February 2021, under the previous Government, the Woolard review set out the risks of that unregulated market. First, there are no rules on what information buy now, pay later firms must give their customers. Too many people are left unclear about what they owe, and some do not even realise that they have taken out credit. Secondly, the firms are not required to check whether people can afford these products. Finally, that lack of checks brings real danger.

[Chris Vince (Harlow) (Lab/Co-op)]

Does the Minister agree that this draft legislation is particularly important to protect those facing hardship? Potentially, people—certainly residents in my constituency—may feel the need to turn to buy now, pay later products, but given that they are not regulated, that could lead them into further debt.

[Torsten Bell]

My hon. Friend makes an important point that is generally relevant to financial services regulation: we want the availability of credit for people, but we want it done safely. That is exactly what the changes are about. As I was saying, debt can quickly mount up when people take out several buy now, pay later products at once, with no one checking what they already owe.

The previous Government rightly pledged to bring the products into regulation, although sadly did not get to the point of delivering on that promise. I am proud that, in May, this Government laid this draft order to bring unregulated buy now, pay later products offered by third-party lenders into regulation under the Financial Conduct Authority. That will bring proper oversight of such firms and strong protection for consumers.

In future, buy now, pay later firms will have to carry out robust affordability checks, ensuring that consumers are protected from taking on debt that they cannot afford. Firms will also be required to give consumers clear information. That will help people to decide whether buy now, pay later is right for them, and to know that support is available if they face financial difficulty. Buy now, pay later users will gain strong rights under the Consumer Credit Act, including section 75 protection. That will make it easier for consumers to get a refund if something goes wrong with a purchase. Crucially, consumers will have the right to take their complaint to the Financial Ombudsman Service. That will guarantee them access to a fair, independent resolution if problems arise. Those are the rights and protections that users of other regulated credit products already enjoy. It is only right that users of buy now, pay later products receive them, too.

There is also something new: the Financial Conduct Authority will be able to develop a modernised information disclosure regime for buy now, pay later products, set by FCA rules, not by the Consumer Credit Act. We have recognised, in line with feedback, including from consumer groups, that the existing provisions of the Consumer Credit Act on information requirements do not suit interest-free, short-term buy now, pay later products. However, this is not special treatment for these products. On the same day as we laid the draft order that we are debating today, we launched a consultation to reform the Consumer Credit Act more widely.

Lastly, let me stress that a new regulatory regime is not just a win for consumers. Buy now, pay later firms will benefit as well. For years, they have faced regulatory uncertainty. This order ends that uncertainty, and we have ensured that the order delivers a smooth transition to regulation for them. They will be able to continue lending under a temporary permissions regime while the FCA authorisation is under review. That guarantees business as usual, for them and for customers, throughout the transition.

Twelve months after this order is made, the new regulatory regime for these products will come into force. In that time, the FCA will consult on and finalise the rules that will govern buy now, pay later lending. We must not delay giving millions of consumers the vital protection that they deserve.

I thank the Committee for its attention to this issue and would welcome any questions from the shadow Economic Secretary to the Treasury or any other Members.