BNPL draft legislation consultation closes

HM Treasury's consultation on draft legislation to bring Buy-Now Pay-Later products into regulation closed at 11:59pm on 29 November 2024, with the government saying it will now lay the draft statutory instrument.

The consultation on draft legislation to bring Buy-Now Pay-Later (BNPL) products into regulation closed at 11:59pm on 29 November 2024, HM Treasury has confirmed. The consultation, published on 17 October 2024, set out the government's plans for regulating the BNPL market1.

The government said its plans aim to ensure people using BNPL products receive clear information, avoid unaffordable borrowing, and have strong rights when issues arise. It said its approach would maintain access to a popular product while adding safeguards1. The consultation followed an earlier HM Treasury consultation that ran between February and April 20231.

In its response to the consultation, the government said respondents expressed a strong desire for action in this area and were generally supportive of the proposed regulatory regime1.

"The government will now proceed to lay the draft affirmative statutory instrument (The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025) for bringing BNPL products into regulation."
HM Treasury, Regulation of Buy-Now, Pay-Later: consultation on draft legislation (October 2024)1

The government also said that, following further industry and Financial Conduct Authority engagement, it had decided to exempt domestic premises suppliers from requiring credit broking permissions to offer BNPL products as payment options1.

Why it matters for households

BNPL lets shoppers split the cost of a purchase into instalments, often interest-free at the point of sale. The government's stated aims for regulation are that users receive clear information, avoid unaffordable borrowing, and have strong rights when issues arise1. The consultation documents describe the current position as one in which, without regulation, there are risks1.

The practical effect for households depends on the final rules, which are not yet in force. The consultation itself does not set out the date on which the regime would begin, and no commencement date has been reported in the material published alongside it. What has been confirmed is the exemption for domestic premises suppliers from credit broking permissions when offering BNPL as a payment option1.

What happens next

The government said it will proceed to lay the draft affirmative statutory instrument, The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025, to bring BNPL products into regulation1. The consultation page records that the draft order was published on 21 May 2025, and that the consultation response was added on 19 May 20251. The page was last updated on 16 June 20251. No date for the instrument coming into force has been reported.

For background on how the rules are expected to work, see Deferred Payment Credit: the new buy now pay later rules and Is buy now pay later regulated by the FCA?.

Sources1 cited
  1. Regulation of Buy-Now, Pay-Later: consultation on draft legislation (October 2024) - GOV.UK gov.uk