Office of Public Sector Information
(2) For the purposes of subsection (1) leave to appeal may be given by—
(a) the Tribunal; or
(b) the Court of Appeal or the Court of Session.
(3) An application for leave to appeal may be made to the Court of Appeal or the Court of Session only if the Tribunal has refused such leave.
(4) If on an appeal under this section the court considers that the decision of the Tribunal was wrong in law, it may do one or more of the following—
(a) quash or vary that decision;
(b) substitute for that decision a decision of its own;
(c) remit the matter to the Tribunal for rehearing and determination in accordance with the directions (if any) given to it by the court.
(5) An appeal may be brought from a decision of the Court of Appeal under this section only if leave to do so is given by the Court of Appeal or the House of Lords.
(6) Rules under section 40A(3) may make provision for regulating or prescribing any matters incidental to or consequential on an appeal under this section.
(7) In this section ‘party’ means, in relation to an appeal to the Tribunal, the appellant or the OFT.”
(1) In section 2(7) of the 1974 Act (restriction on power to give directions to OFT) for “Secretary of State” substitute “the Tribunal”.
(2) In section 182 of that Act (regulations and orders) after subsection (1) insert—
“(1A) The power of the Lord Chancellor to make rules under section 40A(3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
(3) In subsection (2) of that section—
(a) after “orders” wherever occurring insert “or rules”;
(b) after “by the Secretary of State” insert “or by the Lord Chancellor”;
(c) in paragraph (c) for “Secretary of State” substitute “person making them”.
(4) In section 189(1) of that Act (definitions)—
(a) in the definition of “appeal period” for “Secretary of State” substitute “Tribunal”;
(b) after the definition of “total price” insert—
“‘the Tribunal’ means the Consumer Credit Appeals Tribunal;”.
(5) In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under supervision of Council on Tribunals) after paragraph 9A insert—
| “Consumer credit | 9B. The Consumer Credit Appeals Tribunal established by section 40A of the Consumer Credit Act 1974.” |
(1) After section 226 of the 2000 Act insert—
(1) A complaint which relates to an act or omission of a person (“the respondent”) is to be dealt with under the ombudsman scheme if the conditions mentioned in subsection (2) are satisfied.
(2) The conditions are that—
(a) the complainant is eligible and wishes to have the complaint dealt with under the scheme;
(b) the complaint falls within a description specified in consumer credit rules;
(c) at the time of the act or omission the respondent was the licensee under a standard licence or was authorised to carry on an activity by virtue of section 34A of the Consumer Credit Act 1974;
(d) the act or omission occurred in the course of a business being carried on by the respondent which was of a type mentioned in subsection (3);
(e) at the time of the act or omission that type of business was specified in an order made by the Secretary of State; and
(f) the complaint cannot be dealt with under the compulsory jurisdiction.
(3) The types of business referred to in subsection (2)(d) are—
(a) a consumer credit business;
(b) a consumer hire business;
(c) a business so far as it comprises or relates to credit brokerage;
(d) a business so far as it comprises or relates to debt-adjusting;
(e) a business so far as it comprises or relates to debt-counselling;
(f) a business so far as it comprises or relates to debt-collecting;
(g) a business so far as it comprises or relates to debt administration;
(h) a business so far as it comprises or relates to the provision of credit information services;
(i) a business so far as it comprises or relates to the operation of a credit reference agency.
(4) A complainant is eligible if—
(a) he is—
(i) an individual; or
(ii) a surety in relation to a security provided to the respondent in connection with the business mentioned in subsection (2)(d); and
(b) he falls within a class of person specified in consumer credit rules.
(5) The approval of the Treasury is required for an order under subsection (2)(e).
(6) The jurisdiction of the scheme which results from this section is referred to in this Act as the “consumer credit jurisdiction”.
(7) In this Act “consumer credit rules” means rules made by the scheme operator with the approval of the Authority for the purposes of the consumer credit jurisdiction.
(8) Consumer credit rules under this section may make different provision for different cases.
(9) Expressions used in the Consumer Credit Act 1974 have the same meaning in this section as they have in that Act.”
(2) In Schedule 17 to that Act (the ombudsman scheme) after Part 3 insert the Part 3A set out in Schedule 2 to this Act.
In Part 16 of the 2000 Act after section 234 insert—
(1) For the purpose of funding—
(a) the establishment of the ombudsman scheme so far as it relates to the consumer credit jurisdiction (whenever any relevant expense is incurred), and
(b) its operation in relation to the consumer credit jurisdiction,
the scheme operator may from time to time with the approval of the Authority determine a sum which is to be raised by way of contributions under this section.
(2) A sum determined under subsection (1) may include a component to cover the costs of the collection of contributions to that sum (“collection costs”) under this section.
(3) The scheme operator must notify the OFT of every determination under subsection (1).
(4) The OFT must give general notice of every determination so notified.
(5) The OFT may by general notice impose requirements on—
(a) licensees to whom this section applies, or
(b) persons who make applications to which this section applies,
to pay contributions to the OFT for the purpose of raising sums determined under subsection (1).
(6) The amount of the contribution payable by a person under such a requirement—
(a) shall be the amount specified in or determined under the general notice; and
(b) shall be paid before the end of the period or at the time so specified or determined.
(7) A general notice under subsection (5) may—
(a) impose requirements only on descriptions of licensees or applicants specified in the notice;
(b) provide for exceptions from any requirement imposed on a description of licensees or applicants;
(c) impose different requirements on different descriptions of licensees or applicants;
(d) make provision for refunds in specified circumstances.
(8) Contributions received by the OFT must be paid to the scheme operator.
(9) As soon as practicable after the end of—
(a) each financial year of the scheme operator, or
(b) if the OFT and the scheme operator agree that this paragraph is to apply instead of paragraph (a) for the time being, each period agreed by them,
the scheme operator must pay to the OFT an amount representing the extent to which collection costs are covered in accordance with subsection (2) by the total amount of the contributions paid by the OFT to it during the year or (as the case may be) the agreed period.
(10) Amounts received by the OFT from the scheme operator are to be retained by it for the purpose of meeting its costs.
(11) The Secretary of State may by order provide that the functions of the OFT under this section are for the time being to be carried out by the scheme operator.
(12) An order under subsection (11) may provide that while the order is in force this section shall have effect subject to such modifications as may be set out in the order.
(13) The licensees to whom this section applies are licensees under standard licences which cover to any extent the carrying on of a type of business specified in an order under section 226A(2)(e).
(14) The applications to which this section applies are applications for—
(a) standard licences covering to any extent the carrying on of a business of such a type;
(b) the renewal of standard licences on terms covering to any extent the carrying on of a business of such a type.
(15) Expressions used in the Consumer Credit Act 1974 have the same meaning in this section as they have in that Act.”
(1) In section 4 of the 1974 Act (OFT to disseminate information and advice) after “the operation of this Act,” insert “the consumer credit jurisdiction under Part 16 of the Financial Services and Markets Act 2000,”.
(2) In section 227(2)(e) of the 2000 Act (conditions for exercise of voluntary jurisdiction) after “jurisdiction” insert “or the consumer credit jurisdiction”.
(3) In sections 228(1) and 229(1) of that Act (determinations and awards by ombudsman) after “jurisdiction” insert “and to the consumer credit jurisdiction”.
(4) In subsection (4) of section 229 of that Act (awards by ombudsman) after “specify” insert “for the purposes of the compulsory jurisdiction”.
(5) After that subsection insert—
“(4A) The scheme operator may specify for the purposes of the consumer credit jurisdiction the maximum amount which may be regarded as fair compensation for a particular kind of loss or damage specified under subsection (3)(b).”
(6) In subsection (8)(b) of that section after “17” insert “or (as the case may be) Part 3A of that Schedule”.
(7) For subsection (11) of that section substitute—
“(11) “Specified” means—
(a) for the purposes of the compulsory jurisdiction, specified in compulsory jurisdiction rules;
(b) for the purposes of the consumer credit jurisdiction, specified in consumer credit rules.
(12) Consumer credit rules under this section may make different provision for different cases.”
(8) In section 230 of that Act (costs)—
(a) in subsection (1) after “jurisdiction” insert “or the consumer credit jurisdiction”;
(b) in subsection (7) after “17” insert “or (as the case may be) paragraph 16D of that Schedule”.
(9) In section 353(1) of that Act (power to permit disclosure of information) after paragraph (b) insert—
“(c) by the scheme operator to the Office of Fair Trading for the purpose of assisting or enabling that Office to discharge prescribed functions under the Consumer Credit Act 1974.”
(10) In Schedule 17 to that Act (the ombudsman scheme)—
(a) in paragraph 3(4) after “227” insert “, the function of making consumer credit rules, the function of making determinations under section 234A(1)”;
(b) in paragraph 7(2) after “compulsory jurisdiction” insert “, functions in relation to its consumer credit jurisdiction”;
(c) in paragraph 9(3) after “compulsory” insert “, consumer credit”;
(d) in paragraphs 10(1) and 11 after “jurisdiction” insert “or to the consumer credit jurisdiction”.
In section 1(1) of the 1974 Act (general functions of OFT) after paragraph (b) insert—
“(ba) to monitor, as it sees fit, businesses being carried on under licences;”.
(1) In section 101 of the 1974 Act (right of hirer to terminate regulated consumer hire agreement) after subsection (8) insert—
“(8A) If it appears to the OFT that it would be in the interests of hirers to do so, it may by general notice direct that, subject to such conditions (if any) as it may specify, this section shall not apply to a consumer hire agreement if the agreement falls within a specified description; and this Act shall have effect accordingly.”
(2) In subsection (8) of that section for the words from “this section” onwards substitute “, subject to such conditions (if any) as it may specify, this section shall not apply to consumer hire agreements made by the applicant; and this Act shall have effect accordingly”.
For section 183 of the 1974 Act (determinations etc. by OFT) substitute—
(1) The OFT may vary or revoke any determination made, or direction given, by it under this Act.
(2) Subsection (1) does not apply to—
(a) a determination to issue, renew or vary a licence;
(b) a determination to extend a period under section 28B or to refuse to extend a period under that section;
(c) a determination to end a suspension under section 33;
(d) a determination to make an order under section 40(2), 148(2) or 149(2);
(e) a determination mentioned in column 1 of the Table in section 41.”
In section 190(2) of the 1974 Act (fees received by OFT to be paid into the Consolidated Fund) after “fees” insert “, charges, penalties or other sums”.
There shall be payable out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown or the Office of Fair Trading by virtue of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
In this Act—
“the 1974 Act” means the Consumer Credit Act 1974 (c. 39);
“the 2000 Act” means the Financial Services and Markets Act 2000 (c. 8).
(1) The Secretary of State may by order made by statutory instrument make such modifications of—
(a) any Act or subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), or
(b) any Northern Ireland legislation or instrument made under such legislation,
as he thinks fit in consequence of any provision of this Act.
(2) An order under this section may include transitional or transitory provisions and savings.
(3) A statutory instrument containing an order under this section may not be made by the Secretary of State unless a draft has been laid before and approved by a resolution of each House of Parliament.
(1) Schedule 3 (which sets out transitional provision and savings) has effect.
(2) The Secretary of State may by order made by statutory instrument make such transitional or transitory provisions and savings as he thinks fit in connection with the coming into force of any provision of this Act.
(3) An order under this section may (amongst other things)—
(a) where a provision of this Act is brought into force for limited purposes only, make provision about how references in Schedule 3 to the commencement of that provision of this Act are to apply;
(b) make provision for or in connection with the application of any provision of this Act in relation to—
(i) things existing or done, or
(ii) persons who have done something or in relation to whom something has been done,
before the coming into force of that provision of this Act.
(4) An order under this section may—
(a) modify any Act or any subordinate legislation (within the meaning of the Interpretation Act 1978);
(b) modify any Northern Ireland legislation or any instrument made under such legislation;
(c) make different provision for different cases.
(5) Schedule 3 does not restrict the power under this section to make transitional or transitory provisions or savings.
The enactments and instruments set out in Schedule 4 are repealed or revoked to the extent shown in that Schedule.
(1) This Act may be cited as the Consumer Credit Act 2006.
(2) This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(3) This Act extends to Northern Ireland.
Consumer Credit Act 2006