Consumer Credit Act 1974
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It is the duty of the Director General of Fair Trading (" the Director ")—
to administer the licensing system set up by this Act,
to exercise the adjudicating functions conferred on him by this Act in relation to the issue, renewal, variation, suspension and revocation of licences, and other matters,
generally to superintend the working and enforcement of this Act, and regulations made under it, and
where necessary or expedient, himself to take steps to enforce this Act, and regulations so made.
It is the duty of the Director, so far as appears to him to be practicable and having regard both to the national interest and the interests of persons carrying on businesses to which this Act applies and their customers, to keep under review and from time to time advise the Secretary of State about—
social and commercial developments in the United Kingdom and elsewhere relating to the provision of credit or bailment or (in Scotland) hiring of goods to individuals, and related activities ; and
the working and enforcement of this Act and orders and regulations made under it.
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The Secretary of State may by order—
confer on the Director additional functions concerning the provision of credit or bailment or (in Scotland) hiring of goods to individuals, and related activities, and
regulate the carrying out by the Director of his functions under this Act.
The Secretary of State may give general directions indicating considerations to which the Director should have particular regard in carrying out his functions under this Act, and may give specific directions on any matter connected with the carrying out by the Director of those functions.
The Secretary of State, on giving any directions under subsection (2), shall arrange for them to be published in such manner as he thinks most suitable for drawing them to the attention of interested persons.
With the approval of the Secretary of State and the Treasury, the Director may charge, for any service or facility provided by him under this Act, a fee of an amount specified by general notice (the " specified fee ").
Provision may be made under subsection (4) for reduced fees, or no fees at all, to be paid for certain services or facilities by persons of a specified description, and references in this Act to the specified fee shall, in such cases, be construed accordingly.
An order under subsection (1)(a) shall be made by statutory instrument and shall be of no effect unless a draft of the order has been laid before and approved by each House of Parliament.
References in subsection (2) to the functions of the Director under this Act do not include the making of a determination to which section 41 or 150 (appeals from Director to Secretary of State) applies.
in section 8(2), insert " 5A " after " paragraph " ;
in section 19(4), insert " or the Director General of Fair Trading referred to in paragraph 5A " after " or 46 " ;
in Schedule 1, after paragraph 5, insert—
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An application to the Director under this Act is of no effect unless the requirements of this section are satisfied.
The application must be in writing, and in such form, and accompanied by such particulars, as the Director may specify by general notice, and must be accompanied by the specified fee.
After giving preliminary consideration to an application, the Director may by notice require the applicant to furnish him with such further information relevant to the application as may be described in the notice, and may require any information furnished by the applicant (whether at the time of the application or subsequently) to be verified in such manner as the Director may stipulate.
The Director may by notice require the applicant to publish details of his application at a time or times and in a manner specified in the notice.
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A consumer credit agreement is an agreement between an individual ( “the debtor”) and any other person ( “the creditor”) by which the creditor provides the debtor with credit of any amount.
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A consumer credit agreement is a regulated credit agreement within the meaning of this Act if it—
is a regulated credit agreement for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order; and
if entered into on or after 21st March 2016, is not an agreement the purpose of which is the acquisition or retention, by an individual acting for purposes outside those of any trade, business or profession carried on by the individual, of property rights in land or in an existing or projected building.
A reference in paragraph (3)(b) to any land or building—
in relation to an agreement entered into before IP completion day, is a reference to any land or building in the United Kingdom or within the territory of an EEA State;
in relation to an agreement entered into on or after IP completion day, is a reference to any land or building in the United Kingdom.
Subsection (1) does not apply in relation to an agreement that is a green deal plan (see instead section 189B).
In this Act “credit ” includes a cash loan, and any other form of financial accommodation.
Where credit is provided otherwise than in sterling it shall be treated for the purposes of this Act as provided in sterling of an equivalent amount.
Without prejudice to the generality of subsection (1), the person by whom goods are bailed or (in Scotland) hired to an individual under a hire-purchase agreement shall be taken to provide him with fixed-sum credit to finance the transaction of an amount equal to the total price of the goods less the aggregate of the deposit (if any) and the total charge for credit.
For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.
For the purposes of this Act—
running-account credit is a facility under a consumer credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded; and
fixed-sum credit is any other facility under a consumer credit agreement whereby the debtor is enabled to receive credit (whether in one amount or by instalments).
In relation to running-account credit, “credit limit ” means, as respects any period, the maximum debit balance which, under the credit agreement, is allowed to stand on the account during that period, disregarding any term of the agreement allowing that maximum to be exceeded merely temporarily.
For the purposes of any provision of this Act that specifies an amount of credit (except section 17(1)(a)) , running-account credit shall be taken not to exceed the amount specified in that provision( “the specified amount ”) if—
the credit limit does not exceed the specified amount; or
whether or not there is a credit limit, and if there is, notwithstanding that it exceeds the specified amount,—
the debtor is not enabled to draw at any one time an amount which, so far as (having regard to section 9(4)) it represents credit, exceeds the specified amount, or
the agreement provides that, if the debit balance rises above a given amount (not exceeding the specified amount), the rate of the total charge for credit increases or any other condition favouring the creditor or his associate comes into operation, or
at the time the agreement is made it is probable, having regard to the terms of the agreement and any other relevant considerations, that the debit balance will not at any time rise above the specified amount.
A restricted-use credit agreement is a regulated consumer credit agreement— and “restricted-use credit ” shall be construed accordingly.
to finance a transaction between the debtor and the creditor, whether forming part of that agreement or not, or
to finance a transaction between the debtor and a person (the “supplier ”) other than the creditor, or
to refinance any existing indebtedness of the debtor’s, whether to the creditor or another person,
An unrestricted-use credit agreement is a regulated consumer credit agreement not falling within subsection (1), and “unrestricted-use credit ” shall be construed accordingly.
An agreement does not fall within subsection (1) if the credit is in fact provided in such a way as to leave the debtor free to use it as he chooses, even though certain uses would contravene that or any other agreement.
An agreement may fall within subsection (1)(b) although the identity of the supplier is unknown at the time the agreement is made.
A debtor-creditor-supplier agreement is a regulated consumer credit agreement being—
a restricted-use credit agreement which falls within section 11(1)(a), or
a restricted-use credit agreement which falls within section 11(1)(b) and is made by the creditor under pre-existing arrangements, or in contemplation of future arrangements, between himself and the supplier, or
an unrestricted-use credit agreement which is made by the creditor under pre-existing arrangements between himself and a person (the “supplier ”) other than the debtor in the knowledge that the credit is to be used to finance a transaction between the debtor and the supplier.
A debtor-creditor agreement is a regulated consumer credit agreement being—
a restricted-use credit agreement which falls within section 11(1)(b) but is not made by the creditor under pre-existing arrangements, or in contemplation of future arrangements, between himself and the supplier, or
a restricted-use credit agreement which falls within section 11(1)(c), or
an unrestricted-use credit agreement which is not made by the creditor under pre-existing arrangements between himself and a person (the “supplier ”) other than the debtor in the knowledge that the credit is to be used to finance a transaction between the debtor and the supplier.
A credit-token is a card, check, voucher, coupon, stamp, form, booklet or other document or thing given to an individual by a person carrying on a consumer credit business, who undertakes—
that on the production of it (whether or not some other action is also required) he will supply cash, goods and services (or any of them) on credit, or
that where, on the production of it to a third party (whether or not any other action is also required), the third party supplies cash, goods and services (or any of them), he will pay the third party for them (whether or not deducting any discount or commission), in return for payment to him by the individual.
A credit-token agreement is a regulated agreement for the provision of credit in connection with the use of a credit-token.
Without prejudice to the generality of section 9(1), the person who gives to an individual an undertaking falling within subsection (1)(b) shall be taken to provide him with credit drawn on whenever a third party supplies him with cash, goods or services.
For the purposes of subsection (1), use of an object to operate a machine provided by the person giving the object or a third party shall be treated as the production of the object to him.
A consumer hire agreement is an agreement made by a person with an individual (the “hirer ”) for the bailment or (in Scotland) the hiring of goods to the hirer, being an agreement which—
is not a hire-purchase agreement, and
is capable of subsisting for more than three months, . . .
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A consumer hire agreement is a regulated agreement with the meaning of this Act if it is a regulated consumer hire agreement for the purposes of Chapter 14B of Part 2 of the Regulated Activities Order.
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This Act does not regulate a consumer credit agreement where the creditor is a local authority or building society, or a body specified, or of a description specified, in an order made by the Secretary of State, being—
an insurance company,
a friendly society,
an organisation of employers or organisation of workers,
a charity,
a land improvement company, or
a body corporate named or specifically referred to in any public general Act
Subsection (1) applies only where the agreement is—
a debtor-creditor-supplier agreement financing— and secured by a land mortgage on that land; or
the purchase of land, or
the provision of dwellings on any land,
a debtor-creditor agreement secured by any land mortgage; or
a debtor-creditor-supplier agreement financing a transaction which is a linked transaction in relation to— and secured by a land mortgage on the land referred to in paragraph (a) or, as the case may be, the land referred to in sub-paragraph (ii).
an agreement falling within paragraph (a), or
an agreement falling within paragraph (b) financing—
the purchase of any land, or
the provision of dwellings on any land,
The Secretary of State shall not make, vary or revoke an order—
under subsection (1)(d) without consulting the Minister of the Crown responsible for insurance companies,
under subsection (1)(b) or (c) without consulting the Chief Registrar of Friendly Societies,
under subsection (1)(d) without consulting the Charity Commissioners, or
under subsection (1)(e) or (f) without consulting any Minister of the Crown with responsibilities concerning the body in question.
An order under subsection (1) relating to a body may be limited so as to apply only to agreements by that body of a description specified in the order.
The Secretary of State may by order provide that this Act shall not regulate other consumer credit agreements where—
the number of payments to be made by the debtor does not exceed the number specified for that purpose in the order, or
the rate of the total charge for credit does not exceed the rate so specified, or
an agreement has a connection with a country outside the United Kingdom.
The Secretary of State may by order provide that this Act shall not regulate consumer hire agreements of a description specified in the order where— or where the owner is the Post Office or the Kingston upon Hull City Council.
the owner is a body corporate authorised by or under any enactment to supply electricity, gas or water, and
the subject of the agreement is a meter or metering equipment,
Nothing in this section affects the application of sections 137 to 140 (extortionate credit bargains).
In the application of this section to Scotland subsection (3)(c) shall not have effect.
In the application of this section to Northern Ireland subsection (3) shall have effect as if any reference to a Minister of the Crown were a reference to a Northern Ireland department, any reference to the Chief Registrar of Friendly Societies were a reference to the Registrar of Friendly Societies for Northern Ireland, and any reference to the Charity Commissioners were a reference to the Department of Finance for Northern Ireland.
A small agreement is— being an agreement which is either unsecured or secured by a guarantee or indemnity only (whether or not the guarantee or indemnity is itself secured).
a regulated consumer credit agreement for credit not exceeding £50, other than—
a hire-purchase agreement,
a conditional sale agreement, or
a regulated deferred payment credit agreement; or
a regulated consumer hire agreement which does not require the hirer to make payments exceeding £50,
For the purposes of paragraph (a) of subsection (1), running-account credit shall be taken not to exceed the amount specified in that paragraph if the credit limit does not exceed that amount.
Where— this Act applies to the small agreements as if they were regulated agreements other than small agreements.
two or more small agreements are made at or about the same time between the same parties, and
it appears probable that they would instead have been made as a single agreement but for the desire to avoid the operation of provisions of this Act which would have applied to that single agreement but, apart from this subsection, are not applicable to the small agreements,
If, apart from this subsection, subsection (3) does not apply to any agreements but would apply if, for any party or parties to any of the agreements, there were substituted an associate of that party, or associates of each of those parties, as the case may be, then subsection (3) shall apply to the agreements.
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This section applies to an agreement (a “multiple agreement ”) if its terms are such as—
to place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or
to place it, or a part of it, within two or more categories of agreement so mentioned.
Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement.
Where an agreement falls within subsection (1)(b), it shall be treated as an agreement in each of the categories in question, and this Act shall apply to it accordingly.
Where under subsection (2) a part of a multiple agreement is to be treated as a separate agreement, the multiple agreement shall (with any necessary modifications) be construed accordingly; and any sum payable under the multiple agreement, if not apportioned by the parties, shall for the purposes of proceedings in any court relating to the multiple agreement be apportioned by the court as may be requisite.
In the case of an agreement for running-account credit, a term of the agreement allowing the credit limit to be exceeded merely temporarily shall not be treated as a separate agreement or as providing fixed-sum credit in respect of the excess.
This Act does not apply to a multiple agreement so far as the agreement relates to goods if under the agreement payments are to be made in respect of the goods in the form of rent (other than a rentcharge) issuing out of land.
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A transaction entered into by the debtor or hirer, or a relative of his, with any other person ( “the other party ”), except one for the provision of security, is a linked transaction in relation to an actual or prospective regulated agreement (the “principal agreement ”) of which it does not form part if—
the transaction is entered into in compliance with a term of the principal agreement; or
the principal agreement is a debtor-creditor-supplier agreement and the transaction is financed, or to be financed, by the principal agreement; or
the other party is a person mentioned in subsection (2), and a person so mentioned initiated the transaction by suggesting it to the debtor or hirer, or his relative, who enters into it—
to induce the creditor or owner to enter into the principal agreement, or
for another purpose related to the principal agreement, or
where the principal agreement is a restricted-use credit agreement, for a purpose related to a transaction financed, or to be financed, by the principal agreement.
The persons referred to in subsection (1)(c) are—
the creditor or owner, or his associate;
a person who, in the negotiation of the transaction, is represented by a credit-broker who is also a negotiator in antecedent negotiations for the principal agreement;
a person who, at the time the transaction is initiated, knows that the principal agreement has been made or contemplates that it might be made.
A linked transaction entered into before the making of the principal agreement has no effect until such time (if any) as that agreement is made.
Regulations may exclude linked transactions of the prescribed description from the operation of subsection (3).
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In this Act, “the total charge for credit” has the meaning given by the Regulated Activities Order for the purposes of Chapter 14A of Part 2 of that Order.
The Secretary of State shall make regulations containing such provisions as appear to him appropriate for determining the true cost to the debtor of the credit provided or to be provided under an actual or prospective consumer credit agreement (the " total charge for credit "), and regulations so made shall prescribe—
what items are to be treated as entering into the total charge for credit, and how their amount is to be ascertained ;
the method of calculating the rate of the total charge for credit.
Regulations under subsection (1) may provide for the whole or part of the amount payable by the debtor or his relative under any linked transaction to be included in the total charge for credit, whether or not the creditor is a party to the transaction or derives benefit from it.
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Subject to this section, a licence is required to carry on a consumer credit business or consumer hire business.
A local authority does not need a licence to carry on a business.
A body corporate empowered by a public general Act naming it to carry on a business does not need a licence to do so.
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A licence may be—
a standard licence, that is a licence, issued by the Director to a person named in the licence on an application made by him, which, during the prescribed period, covers such activities as are described in the licence, or
a group licence, that is a licence, issued by the Director (whether on the application of any person or of his own motion), which, during such period as the Director thinks fit or, if he thinks fit, indefinitely, covers such persons and activities as are described in the licence.
A licence is not assignable or, subject to section 37, transmissible on death or in any other way.
Except in the case of a partnership or an unincorporated body of persons, a standard licence shall not be issued to more than one person.
A standard licence issued to a partnership or an unincorporated body of persons shall be issued in the name of the partnership or body.
The Director may issue a group licence only if it appears to him that the public interest is better served by doing so than by obliging the persons concerned to apply separately for standard licences.
The persons covered by a group licence may be described by general words, whether or not coupled with the exclusion of named persons, or in any other way the Director thinks fit.
The fact that a person is covered by a group licence in respect of certain activities does not prevent a standard licence being issued to him in respect of those activities or any of them.
A group licence issued on the application of any person shall be issued to that person, and general notice shall be given of the issue of any group licence (whether on application or not).
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Subject to this section, a licence to carry on a business covers all lawful activities done in the course of that business, whether by the licensee or other persons on his behalf.
A licence may limit the activities it covers, whether by authorising the licensee to enter into certain types of agreement only, or in any other way.
A licence covers the canvassing off trade premises of debtor-creditor-supplier agreements or regulated consumer hire agreements only if, and to the extent that, the licence specifically so provides ; and such provision shall not be included in a group licence.
Regulations may be made specifying other activities which, if engaged in by or on behalf of the person carrying on a business, require to be covered by an express term in his licence.
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A standard licence shall be granted on the application of any person if he satisfies the Director that—
he is a fit person to engage in activities covered by the licence, and
the name or names under which he applies to be licensed is or are not misleading or otherwise undesirable.
In determining whether an applicant for a standard licence is a fit person to engage in any activities, the Director shall have regard to any circumstances appearing to him to be relevant, and in particular any evidence tending to show that the applicant, or any of the applicant's employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the Director to be a controller of the body corporate or an associate of any such person, has—
committed any offence involving fraud or other dishonesty, or violence,
contravened any provision made by or under this Act, or by or under any other enactment regulating the provision of credit to individuals or other transactions with individuals,
practised discrimination on grounds of sex, colour, race or ethnic or national origins in, or in connection with, the carrying on of any business, or
engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether unlawful or not).
In subsection (2), " associate ", in addition to the persons specified in section 184, includes a business associate.
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the books and other records to be kept by him, and
the information to be furnished by him to persons with whom he does business or seeks to do business, and the way it is to be furnished.
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Unless the Director determines to issue a licence in accordance with an application he shall, before determining the application, by notice—
inform the applicant, giving his reasons, that, as the case may be, he is minded to refuse the application, or to grant it in terms different from those applied for, describing them, and
invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
If the Director grants the application in terms different from those applied for then, whether or not the applicant appeals, the Director shall issue the licence in the terms approved by him unless the applicant by notice informs him that he does not desire a licence in those terms.
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give notice of that fact to the person proposed to be excluded, giving his reasons, and
invite that person to submit to the Director representations against his exclusion in accordance with section 34.
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If the licensee under a standard licence, or the original applicant for, or any licensee under, a group licence of limited duration, wishes the Director to renew the licence, whether on the same terms (except as to expiry) or on varied terms, he must, during the period specified by the Director by general notice or such longer period as the Director may allow, make an application to the Director for its renewal.
The Director may of his own motion renew any group licence.
The preceding provisions of this Part apply to the renewal of a licence as they apply to the issue of a licence, except that section 28 does not apply to a person who was already excluded in the licence up for renewal.
Until the determination of an application under subsection (1) and, where an appeal lies from the determination, until the end of the appeal period, the licence shall continue in force, notwithstanding that apart from this subsection it would expire earlier.
On the refusal of an application under this section, the Director may give directions authorising a licensee to carry into effect agreements made by him before the expiry of the licence.
General notice shall be given of the renewal of a group licence.
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On an application made by the licensee, the Director may if he thinks fit by notice to the licensee vary a standard licence in accordance with the application.
In the case of a group licence issued on the application of any person, the Director, on an application made by that person, may if he thinks fit by notice to that person vary the terms of the licence in accordance with the application; but the Director shall not vary a group licence under this subsection by excluding a named person, other than the person making the request, unless that named person consents in writing to his exclusion.
In the case of a group licence from which (whether by name or description) a person is excluded, the Director, on an application made by that person, may if he thinks fit, by notice to that person, vary the terms of the licence so as to remove the exclusion.
Unless the Director determines to vary a licence in accordance with an application he shall, before determining the application, by notice—
inform the applicant, giving his reasons, that he is minded to refuse the application, and
invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
General notice shall be given that a variation of a group licence has been made under this section.
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Where at a time during the currency of a licence the Director is of the opinion that, if the licence had expired at that time, he would, on an application for its renewal or further renewal on the same terms (except as to expiry), have been minded to grant the application but on different terms, and that therefore the licence should be varied, he shall proceed as follows.
In the case of a standard licence the Director shall, by notice—
inform the licensee of the variations the Director is minded to make in the terms of the licence, stating his reasons, and
invite him to submit to the Director representations as to the proposed variations in accordance with section 34.
In the case of a group licence the Director shall—
give general notice of the variations he is minded to make in the terms of the licence, stating his reasons, and
in the notice invite any licensee to submit to him representations as to the proposed variations in accordance with section 34.
In the case of a group licence issued on application the Director shall also—
inform the original applicant of the variations the Director is minded to make in the terms of the licence, stating his reasons, and
invite him to submit to the Director representations as to the proposed variations in accordance with section 34.
If the Director is minded to vary a group licence by excluding any person (other than the original applicant) from the group by name the Director shall, in addition, take the like steps under section 28 as are required in the case mentioned in that section.
General notice shall be given that a variation of any group licence has been made under this section.
A variation under this section shall not take effect before the end of the appeal period".
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Where at a time during the currency of a licence the Director is of the opinion that if the licence had expired at that time he would have been minded not to renew it, and that therefore it should be revoked or suspended, he shall proceed as follows.
In the case of a standard licence the Director shall, by notice—
inform the licensee that, as the case may be, the Director is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating his reasons, and
invite him to submit representations as to the proposed revocation or suspension in accordance with section 34.
In the case of a group licence the Director shall—
give general notice that, as the case may be, he is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating his reasons, and
in the notice invite any licensee to submit to him representations as to the proposed revocation or suspension in accordance with section 34.
In the case of a group licence issued on application the Director shall also—
inform the original applicant that, as the case may be, the Director is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating his reasons, and
invite him to submit representations as to the proposed revocation or suspension in accordance with section 34.
If he revokes or suspends the licence, the Director may give directions authorising a licensee to carry into effect agreements made by him before the revocation or suspension.
General notice shall be given of the revocation or suspension of a group licence.
A revocation or suspension under this section shall not take effect before the end of the appeal period.
Except for the purposes of section 29, a licensee under a suspended licence shall be treated, in respect of the period of suspension, as if the licence had not been issued; and where the suspension is not expressed to end on a specified date it may, if the Director thinks fit, be ended by notice given by him to the licensee or, in the case of a group licence, by general notice.
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On an application made by a licensee the Director may, if he thinks fit, by notice to the licensee end the suspension of a licence, whether the suspension was for a fixed or indefinite period.
Unless the Director determines to end the suspension in accordance with the application he shall, before determining the application, by notice—
inform the applicant, giving his reasons, that he is minded to refuse the application, and
invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
General notice shall be given that a suspension of a group licence has been ended under this section.
In the case of a group licence issued on application—
the references in subsection (1) to a licensee include the original applicant;
the Director shall inform the original applicant that a suspension of a group licence has been ended under this section.
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Where this section applies to an invitation by the Director to any person to submit representations, the Director shall invite that person, within 21 days after the notice containing the invitation is given to him or published, or such longer period as the Director may allow.— and where notice is given under paragraph (b) the Director shall arrange for the oral representations to be heard.
to submit his representations in writing to the Director, and
to give notice to the Director, if he thinks fit, that he wishes to make representations orally,
In reaching his determination the Director shall take into account any representations submitted or made under this section.
The Director shall give notice of his determination to the persons who were required to be invited to submit representations about it or, where the invitation to submit representations was required to be given by general notice, shall give general notice of the determination.
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The Director shall establish and maintain a register, in which he shall cause to be kept particulars of—
applications not yet determined for the issue, variation or renewal of licences, or for ending the suspension of a licence;
licences which are in force, or have at any time been suspended or revoked, with details of any variation of the terms of a licence;
decisions given by him under this Act, and any appeal from those decisions ; and
such other matters (if any) as he thinks fit.
The Director shall give general notice of the various matters required to be entered in the register, and of any change in them made under subsection (1)(d).
Any person shall be entitled on payment of the specified fee—
to inspect the register during ordinary office hours and take copies of any entry, or
to obtain from the Director a copy, certified by the Director to be correct, of any entry in the register.
The Director may, if he thinks fit, determine that the right conferred by subsection (3)(a) shall be exercisable in relation to a copy of the register instead of, or in addition to, the original.
The Director shall give general notice of the place or places where, and times when, the register or a copy of it may be inspected.
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Within 21 working days after a change takes place in any particulars entered in the register in respect of a standard licence or the licensee under section 35(1)(d) (not being a change resulting from action taken by the Director), the licensee shall give the Director notice of the change; and the Director shall cause any necessary amendment to be made in the register.
Within 21 working days after— the licensee shall give the Director notice of the change.
any change takes place in the officers of—
a body corporate, or an unincorporated body of persons, which is the licensee under a standard licence, or
a body corporate which is a controller of a body corporate which is such a licensee, or
a body corporate which is such a licensee becomes aware that a person has become or ceased to be a controller of the body corporate, or
any change takes place in the members of a partnership which is such a licensee (including a change on the amalgamation of the partnership with another firm, or a change whereby the number of partners is reduced to one),
Within 14 working days after any change takes place in the officers of a body corporate which is a controller of another body corporate which is a licensee under a standard licence, the controller shall give the licensee notice of the change.
Within 14 working days after a person becomes or ceases to be a controller of a body corporate which is a licensee under a standard licence, that person shall give the licensee notice of the fact.
Where a change in a partnership has the result that the business ceases to be carried on under the name, or any of the names, specified in a standard licence the licence shall cease to have effect.
Where the Director is given notice under sub-section (1) or (2) of any change, and subsection (5) does not apply, the Director may by notice require the licensee to furnish him with such information, verified in such manner, as the Director may stipulate.
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A licence held by one individual terminates if he—
dies, or
is adjudged bankrupt, or
becomes a patient within the meaning of Part VIII of the Mental Health Act 1959.
In relation to a licence held by one individual, or a partnership or other unincorporated body of persons, or a body corporate, regulations may specify other events relating to the licensee on the occurrence of which the licence is to terminate.
Regulations may—
provide for the termination of a licence by subsection (1), or under subsection (2), to be deferred for a period not exceeding 12 months, and
authorise the business of the licensee to be carried on under the licence by some other person during the period of deferment, subject to such conditions as may be prescribed.
This section does not apply to group licences.
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In the application of section 37 to Scotland the following shall be substituted for paragraphs (b) and (c) of subsection (1)—
In the application of section 37 to Northern Ireland the following shall be substituted for subsection (1)—.
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A person who engages in any activities for which a licence is required when he is not a licensee under a licence covering those activities commits an offence.
A licensee under a standard licence who carries on business under a name not specified in the licence commits an offence.
A person who fails to give the Director or a licensee notice under section 36 within the period required commits an offence.
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A regulated agreement, other than a non-commercial agreement, if made when the creditor or owner was unlicensed, is enforceable against the debtor or hirer only where the Director has made an order under this section which applies to the agreement.
Where during any period an unlicensed person (the " trader ") was carrying on a consumer credit business or consumer hire business, he or his successor in title may apply to the Director for an order that regulated agreements made by the trader during that period are to be treated as if he had been licensed.
Unless the Director determines to make an order under subsection (2) in accordance with the application, he shall, before determining the application, by notice—
inform the applicant, giving his reasons, that, as the case may be, he is minded to refuse the application, or to grant it in terms different from those applied for, describing them, and
invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
In determining whether or not to make an order under subsection (2) in respect of any period the Director shall consider, in addition to any other relevant factors—
how far, if at all, debtors or hirers under regulated agreements made by the trader during that period were prejudiced by the trader's conduct,
whether or not the Director would have been likely to grant a licence covering that period on an application by the trader, and
the degree of culpability for the failure to obtain a licence.
If the Director thinks fit, he may in an order under subsection (2)—
limit the order to specified agreements, or agreements of a specified description or made at a specified time ;
make the order conditional on the doing of specified acts by the applicant.
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If, in the case of a determination by the Director such as is mentioned in column 1 of the table set out at the end of this section, a person mentioned in relation to that determination in column 2 of the table is aggrieved by the determination he may, within the prescribed period, and in the prescribed manner, appeal to the Secretary of State.
Regulations may make provision as to the persons by whom (on behalf of the Secretary of State) appeals under this section are to be heard, the manner in which they are to be conducted, and any other matter connected with such appeals.
On an appeal under this section, the Secretary of State may give such directions for disposing of the appeal as he thinks just, including a direction for the payment of costs by any party to the appeal.
A direction under subsection (3) for payment of costs may be made a rule of the High Court on the application of the party in whose favour it is given.
In Scotland a direction under subsection (3) for payment of expenses may be enforced in like manner as a recorded decree arbitral. Determination Appellant Refusal to issue, renew or vary licence in accordance with terms of application. The applicant. Exclusion of person from group licence. The person excluded. Refusal to give directions in respect of a licensee under section 29(5) or 32(5). The licensee. Compulsory variation, or suspension or revocation, of standard licence. The licensee. Compulsory variation, or suspension or revocation, of group licence. The original applicant or any licensee. Refusal to end suspension of licence in accordance with terms of application. The applicant. Refusal to make order under section 40(2) in accordance with terms of application. The applicant.
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In section 13 of the Tribunals and Inquiries Act 1971 (subsection (1) of which provides that on a point of law an appeal shall lie to the High Court from a decision of any tribunal mentioned in that subsection or the tribunal may be required to state a case for the opinion of the High Court), insert the following new subsection after subsection (5)—
In subsection (6)(a) of the said section 13 (application to Scotland), after the word " commissioners" there shall be inserted the words " or on an appeal under section 41 of the Consumer Credit Act 1974 by a company registered in Scotland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Scotland ".
In subsection (7) of the said section 13 (application to Northern Ireland) after "subsection (1) of this section" insert " and in relation to a decision of the Secretary of State on an appeal under section 41 of the Consumer Credit Act 1974 by a company registered in Northern Ireland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Northern Ireland. "
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This Part applies to any advertisement, published for the purposes of a business carried on by the advertiser, indicating that he is willing—
to provide credit, or
to enter into an agreement for the bailment or (in Scotland) the hiring of goods by him.
An advertisement does not fall within subsection (1) if the advertiser does not carry on—
a consumer credit business or consumer hire business, or
a business in the course of which he provides credit to individuals secured on land, or
a business which comprises or relates to unregulated agreements where—
the proper law of the agreement is the law of a country outside the United Kingdom, and
if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated agreement.
An advertisement does not fall within subsection (1)(a) if it indicates—
that the credit must exceed £5,000, and that no security is required, or the security is to consist of property other than land, or
that the credit is available only to a body corporate.
An advertisement does not fall within subsection (1)(b) if it indicates that the advertiser is not willing to enter into a consumer hire agreement.
The Secretary of State may by order provide that this Part shall not apply to other advertisements of a description specified in the order.
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The Secretary of State shall make regulations as to the form and content of advertisements to which this Part applies, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that, having regard to its subject-matter and the amount of detail included in it, an advertisement conveys a fair and reasonably comprehensive indication of the nature of the credit or hire facilities offered by the advertiser and of their true cost to persons using them.
Regulations under subsection (1) may in particular—
require specified information to be included in the prescribed manner in advertisements, and other specified material to be excluded ;
contain requirements to ensure that specified information is clearly brought to the attention of persons to whom advertisements are directed, and that one part of an advertisement is not given insufficient or excessive prominence compared with another.
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If an advertisement to which this Part applies conveys information which in a material respect is false or misleading the advertiser commits an offence.
Information stating or implying an intention on the advertiser's part which he has not got is false.
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Where an advertiser commits an offence against regulations made under section 44 or against section 45 or 46 or would be taken to commit such an offence but for the defence provided by section 168, a like offence is committed by—
the publisher of the advertisement, and
any person who, in the course of a business carried on by him, devised the advertisement, or a part of it relevant to the first-mentioned offence, and
where the advertiser did not procure the publication of the advertisement, the person who did procure it.
In proceedings for an offence under subsection (1)(a) it is a defence for the person charged to prove that—
the advertisement was published in the course of a business carried on by him, and
he received the advertisement in the course of that business, and did not know and had no reason to suspect that its publication would be an offence under this Part.
An individual (the “canvasser ”) canvasses a regulated agreement off trade premises if he solicits the entry (as debtor or hirer) of another individual (the “consumer ”) into the agreement by making oral representations to the consumer, or any other individual, during a visit by the canvasser to any place (not excluded by subsection (2)) where the consumer, or that other individual, as the case may be, is, being a visit—
carried out for the purpose of making such oral representations to individuals who are at that place, but
not carried out in response to a request made on a previous occasion.
A place is excluded from subsection (1) if it is a place where a business is carried on (whether on a permanent or temporary basis) by—
the creditor or owner, or
a supplier, or
the canvasser, or the person whose employee or agent the canvasser is, or
the consumer.
It is an offence to canvass debtor-creditor agreements off trade premises.
It is also an offence to solicit the entry of an individual (as debtor) into a debtor-creditor agreement during a visit carried out in response to a request made on a previous occasion, where—
the request was not in writing signed by or on behalf of the person making it, and
if no request for the visit had been made, the soliciting would have constituted the canvassing of a debtor-creditor agreement off trade premises.
Subsections (1) and (2) do not apply to any soliciting for an agreement enabling the debtor to overdraw on a current account of any description kept with the creditor, where—
the FCA has determined that current accounts of that description kept with the creditor are excluded from subsections (1) and (2), and
the debtor already keeps an account with the creditor (whether a current account or not).
A determination under subsection (3)(a)—
may be made subject to such conditions as the FCA thinks fit, and
shall be made only where the FCA is of opinion that it is not against the interests of debtors.
If soliciting is done in breach of a condition imposed under subsection (4)(a), the determination under subsection (3)(a) does not apply to it.
A person commits an offence, who, with a view to financial gain, sends to a minor any document inviting him to—
borrow money, or
obtain goods on credit or hire, or
obtain services on credit, or
apply for information or advice on borrowing money or otherwise obtaining credit, or hiring goods.
In proceedings under subsection (1) in respect of the sending of a document to a minor, it is a defence for the person charged to prove that he did not know, and had no reasonable cause to suspect, that he was a minor.
Where a document is received by a minor at any school or other educational establishment for minors, a person sending it to him at that establishment knowing or suspecting it to be such an establishment shall be taken to have reasonable cause to suspect that he is a minor.
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It is an offence to give a person a credit-token if he has not asked for it.
To comply with subsection (1) a request must be contained in a document signed by the person making the request, unless the credit-token agreement is a small debtor-creditor-supplier agreement.
Subsection (1) does not apply to the giving of a credit-token to a person—
for use under a credit-token agreement already made, or
in renewal or replacement of a credit-token previously accepted by him under a credit-token agreement which continues in force, whether or not varied.
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Regulations may be made—
as to the form and content of any document (a " quotation ") by which a person who carries on a consumer credit business or consumer hire business, or a business in the course of which he provides credit to individuals secured on land, gives prospective customers information about the terms on which he is prepared to do business;
requiring a person carrying on such a business to provide quotations to such persons and in such circumstances as are prescribed.
Regulations under subsection (1)(a) may in particular contain provisions relating to quotations such as are set out in relation to advertisements in section 44.
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Regulations may require specified information to be disclosed in the prescribed manner to the debtor or hirer before a regulated agreement , other than a regulated deferred payment credit agreement, is made.
If regulations under subsection (1) are not complied with, the agreement is enforceable against the debtor or hirer on an order of the court only (and for these purposes a retaking of goods or land to which the agreement relates is an enforcement of the agreement).
In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer— and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.
conducted by the creditor or owner in relation to the making of any regulated agreement, or
conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or
conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement within section 12(b) or (c),
Negotiations with the debtor in a case falling within subsection (1)(b) or (c) shall be deemed to be conducted by the negotiator in the capacity of agent of the creditor as well as in his actual capacity.
An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement—
to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or
to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator.
For the purposes of this Act, antecedent negotiations shall be taken to begin when the negotiator and the debtor or hirer first enter into communication (including communication by advertisement), and to include any representations made by the negotiator to the debtor or hirer and any other dealings between them.
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The withdrawal of a party from a prospective regulated agreement shall operate to apply this Part to the agreement, any linked transaction and any other thing done in anticipation of the making of the agreement as it would apply if the agreement were made and then cancelled under section 69.
The giving to a party of a written or oral notice which, however expressed, indicates the intention of the other party to withdraw from a prospective regulated agreement operates as a withdrawal from it.
Each of the following shall be deemed to be the agent of the creditor or owner for the purpose of receiving a notice under subsection (2)—
a credit-broker or supplier who is the negotiator in antecedent negotiations, and
any person who, in the course of a business carried on by him, acts on behalf of the debtor or hirer in any negotiations for the agreement.
Where the agreement, if made, would not be a cancellable agreement, subsection (1) shall nevertheless apply as if the contrary were the case.
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Before sending to the debtor or hirer, for his signature, an unexecuted agreement in a case where the prospective regulated agreement is to be secured on land (the “mortgaged land ”), the creditor or owner shall give the debtor or hirer a copy of the unexecuted agreement which contains a notice in the prescribed form indicating the right of the debtor or hirer to withdraw from the prospective agreement, and how and when the right is exercisable, together with a copy of any other document referred to in the unexecuted agreement.
Subsection (1) does not apply to—
a restricted-use credit agreement to finance the purchase of the mortgaged land, or
an agreement for a bridging loan in connection with the purchase of the mortgaged land or other land.
Before a regulated consumer credit agreement, other than an excluded agreement, is made, the creditor must, if requested, give to the debtor without delay a copy of the prospective agreement (or such of its terms as have at that time been reduced to writing).
Subsection (1) does not apply if at the time the request is made, the creditor is unwilling to proceed with the agreement.
A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.
For the purposes of this section an agreement is an excluded agreement if it is—
an agreement secured on land,
an agreement under which a person takes an article in pawn,
an agreement under which the creditor provides the debtor with credit which exceeds £60,260 and which is not a residential renovation agreement, or
an agreement entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (4)(d).
This section does not apply to a regulated deferred payment credit agreement.
An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.
Regulations may exclude from the operation of subsection (1) agreements such as are described in the regulations.
The Treasury shall make regulations as to the form and content of documents embodying regulated agreements, other than regulated deferred payment credit agreements, and the regulations shall contain such provisions as appear to them appropriate with a view to ensuring that the debtor or hirer is made aware of—
the rights and duties conferred or imposed on him by the agreement,
the amount and rate of the total charge for credit (in the case of a consumer credit agreement),
the protection and remedies available to him under this Act, and
any other matters which, in the opinion of the Treasury, it is desirable for him to know about in connection with the agreement.
Regulations under subsection (1) may in particular—
require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;
contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.
If, on an application made to the FCA by a person carrying on a consumer credit business or a consumer hire business, it appears to the FCA impracticable for the applicant to comply with any requirement of regulations under subsection (1) in a particular case, it may, by notice to the applicant direct that the requirement be waived or varied in relation to such agreements, and subject to such conditions (if any), as it may specify, and this Act and the regulations shall have effect accordingly.
The FCA shall give a notice under subsection (3) only if it is satisfied that to do so would not prejudice the interests of debtors or hirers.
An application may be made under subsection (3) only if it relates to—
a consumer credit agreement secured on land,
a consumer credit agreement under which a person takes an article in pawn,
a consumer credit agreement under which the creditor provides the debtor with credit which exceeds £60,260 and which is not a residential renovation agreement ,
a consumer credit agreement entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him, or
a consumer hire agreement.
Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (5)(d).
A regulated agreement is not properly executed unless—
a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
the document embodies all the terms of the agreement, other than implied terms, and
the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.
In addition, where the agreement is one to which section 58(1) applies, it is not properly executed unless—
the requirements of section 58(1) were complied with, and
the unexecuted agreement was sent, for his signature, to the debtor or hirer by an appropriate method not less than seven days after a copy of it was given to him under section 58(1), and
during the consideration period, the creditor or owner refrained from approaching the debtor or hirer (whether in person, by telephone or letter, or in any other way) except in response to a specific request made by the debtor or hirer after the beginning of the consideration period, and
no notice of withdrawal by the debtor or hirer was received by the creditor or owner before the sending of the unexecuted agreement.
In subsection (2)(c), “the consideration period ” means the period beginning with the giving of the copy under section 58(1) and ending— whichever first occurs.
at the expiry of seven days after the day on which the unexecuted agreement is sent, for his signature, to the debtor or hirer, or
on its return by the debtor or hirer after signature by him,
Where the debtor or hirer is a partnership or an unincorporated body of persons, subsection (1)(a) shall apply with the substitution for “by the debtor or hirer ” of “by or on behalf of the debtor or hirer ”.
This section does not apply to a regulated deferred payment credit agreement.
If in the case of a regulated agreement which is an excluded agreement the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.
If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.
A regulated agreement which is an excluded agreement is not properly executed if the requirements of this section are not observed.
In this section, “excluded agreement” has the same meaning as in section 61A.
Where a regulated consumer credit agreement, other than an excluded agreement, has been made, the creditor must give a copy of the executed agreement, and any other document referred to in it, to the debtor.
Subsection (1) does not apply if—
a copy of the unexecuted agreement (and of any other document referred to in it) has already been given to the debtor, and
the unexecuted agreement is in identical terms to the executed agreement.
In a case referred to in subsection (2), the creditor must inform the debtor in writing—
that the agreement has been executed,
that the executed agreement is in identical terms to the unexecuted agreement a copy of which has already been given to the debtor, and
that the debtor has the right to receive a copy of the executed agreement if the debtor makes a request for it at any time before the end of the period referred to in section 66A(2).
Where a request is made under subsection (3)(c) the creditor must give a copy of the executed agreement to the debtor without delay.
If the requirements of this section are not observed, the agreement is not properly executed.
For the purposes of this section, an agreement is an excluded agreement if it is—
a cancellable agreement, or
an agreement— unless the creditor or a credit intermediary has complied with or purported to comply with regulation 3(2) of the Consumer Credit (Disclosure of Information) Regulations 2010.
secured on land,
under which the creditor provides the debtor with credit which exceeds £60,260, or
entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him,
An agreement is not an excluded agreement by virtue of subsection (6)(b)(ii) if it is a residential renovation agreement.
Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (6)(b)(iii).
This section does not apply to a regulated deferred payment credit agreement.
In this section, “credit intermediary” means a person who in the course of business—
carries on any of the activities specified in article 36A(1)(d) to (f) of the Regulated Activities Order for a consideration that is or includes a financial consideration, and
does not do so as a creditor.
If in the case of a regulated agreement which is an excluded agreement the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.
A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless—
subsection (1) applies, or
the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.
In the case of a cancellable agreement, a copy under subsection (2) must be sent by an appropriate method .
In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.
A regulated agreement which is an excluded agreement is not properly executed if the requirements of this section are not observed.
In this section, “excluded agreement” has the same meaning as in section 61A.
Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor.
The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—
the creditor has provided the debtor with the information referred to in regulation 10(3) of the Consumer Credit (Disclosure of Information) Regulations 2010, in which case it may be provided after the agreement is made,
the creditor has provided the debtor with the information referred to in regulation 10(3)(c), (e), (f), (h) and (k) of those Regulations, in which case it must be provided immediately after the agreement is made, or
the agreement is an agreement of a description referred to in regulation 10(4)(b) of those Regulations, in which case it must be provided immediately after the agreement is made.
If the requirements of this section are not observed, the agreement is enforceable against the debtor on an order of the court only (and for these purposes a retaking of goods or land to which the agreement relates is an enforcement of the agreement).
In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,—
must be included in every copy given to the debtor or hirer under section 62 or 63, and
except where section 63(2) applied, must also be sent by an appropriate method to the debtor or hirer within the seven days following the making of the agreement.
In the case of a credit-token agreement, a notice under subsection (1)(b) need not be sent by an appropriate method within the seven days following the making of the agreement if either—
it is sent by an appropriate method to the debtor or hirer before the credit-token is given to him, or
it is sent by an appropriate method to him together with the credit-token.
Regulations may provide that except where section 63(2) applied a notice sent under subsection (1)(b) shall be accompanied by a further copy of the executed agreement, and of any other document referred to in it.
Regulations may provide that subsection (1)(b) is not to apply in the case of agreements such as are described in the regulations, being agreements made by a particular person, if—
on an application by that person to the FCA , the FCA has determined that, having regard to— the requirement imposed by subsection (1)(b) can be dispensed with without prejudicing the interests of debtors or hirers; and
the manner in which antecedent negotiations for agreements with the applicant of that description are conducted, and
the information provided to debtors or hirers before such agreements are made,
any conditions imposed by the FCA in making the determination are complied with.
A cancellable agreement is not properly executed if the requirements of this section are not observed.
An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.
A retaking of goods or land to which a regulated agreement relates is an enforcement of the agreement.
The debtor shall not be liable under a credit-token agreement for use made of the credit-token by any person unless the debtor had previously accepted the credit-token, or the use constituted an acceptance of it by him.
The debtor accepts a credit-token when— either by the debtor himself or by a person who, pursuant to the agreement, is authorised by him to use it.
it is signed, or
a receipt for it is signed, or
it is first used,
(1) Subject to subsection (2) a regulated agreement may be cancelled by the debtor or hirer in accordance with this Part if the antecedent negotiations included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator, unless— (2) This section does not apply where section 66A applies.
the agreement is secured on land, or is a restricted-use credit agreement to finance the purchase of land or is an agreement for a bridging loan in connection with the purchase of land, or
the unexecuted agreement is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—
the creditor or owner;
any party to a linked transaction (other than the debtor or hirer or a relative of his);
the negotiator in any antecedent negotiations.
The debtor or hirer may serve notice of cancellation of a cancellable agreement between his signing of the unexecuted agreement and—
the end of the fifth day following the day on which he received a copy under section 63(2) or a notice under section 64(1)(b), or
if (by virtue of regulations made under section 64(4)) section 64(1)(b) does not apply, the end of the fourteenth day following the day on which he signed the unexecuted agreement.
If within the period specified in section 68 the debtor or hirer under a cancellable agreement serves on—
the creditor or owner, or
the person specified in the notice under section 64(1), or
a person who (whether by virtue of subsection (6) or otherwise) is the agent of the creditor or owner,
“domestic property” means a building or part of a building that is occupied as a dwelling or (if not occupied) is intended to be occupied as a dwelling;
to cancel the agreement, and any linked transaction, and
section 65(1) (improperly executed agreements), or
to withdraw any offer by the debtor or hirer, or his relative, to enter into a linked transaction.
section 105(7)(a) or (b) (improperly executed security instruments), or
section 111(2) (failure to serve copy of notice on surety), or
section 124(1) or (2) (taking of negotiable instrument in contravention of section 123),
In the case of a debtor-creditor-supplier agreement for restricted-use credit financing— subsection (1) shall apply with the substitution of the following for paragraph (i)— .
the doing of work or supply of goods to meet an emergency, or
the supply of goods which, before service of the notice of cancellation, had by the act of the debtor or his relative become incorporated in any land or thing not comprised in the agreement or any linked transaction,
Except so far as is otherwise provided, references in this Act to the cancellation of an agreement or transaction do not include a case within subsection (2).
Except as otherwise provided by or under this Act, an agreement or transaction cancelled under subsection (1) shall be treated as if it had never been entered into.
Regulations may exclude linked transactions of the prescribed description from subsection (1)(i) or (ii).
Each of the following shall be deemed to be the agent of the creditor or owner for the purpose of receiving a notice of cancellation—
a credit-broker or supplier who is the negotiator in antecedent negotiations, and
any person who, in the course of a business carried on by him, acts on behalf of the debtor or hirer in any negotiations for the agreement.
Whether or not it is actually received by him, a notice of cancellation sent to a person shall be deemed to be served on him—
in the case of a notice sent by post, at the time of posting, and
in the case of a notice transmitted in the form of an electronic communication in accordance with section 176A(1), at the time of the transmission.
On the cancellation of a regulated agreement, and of any linked transaction,—
any sum paid by the debtor or hirer, or his relative, under or in contemplation of the agreement or transaction, including any item in the total charge for credit, shall become repayable, and
any sum, including any item in the total charge for credit, which but for the cancellation is, or would or might become, payable by the debtor or hirer, or his relative, under the agreement or transaction shall cease to be, or shall not become, so payable, and
in the case of a debtor-creditor-supplier agreement falling within section 12(b), any sum paid on the debtor’s behalf by the creditor to the supplier shall become repayable to the creditor.
If, under the terms of a cancelled agreement or transaction, the debtor or hirer, or his relative, is in possession of any goods, he shall have a lien on them for any sum repayable to him under subsection (1) in respect of that agreement or transaction, or any other linked transaction.
A sum repayable under subsection (1) is repayable by the person to whom it was originally paid, but in the case of a debtor-creditor-supplier agreement falling within section 12(b) the creditor and the supplier shall be under a joint and several liability to repay sums paid by the debtor, or his relative, under the agreement or under a linked transaction falling within section 19(1)(b) and accordingly, in such a case, the creditor shall be entitled, in accordance with rules of court, to have the supplier made a party to any proceedings brought against the creditor to recover any such sums.
Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (3), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
Subsection (1) does not apply to any sum which, if not paid by a debtor, would be payable by virtue of section 71, and applies to a sum paid or payable by a debtor for the issue of a credit-token only where the credit-token has been returned to the creditor or surrendered to a supplier.
If the total charge for credit includes an item in respect of a fee or commission charged by a credit-broker, the amount repayable under subsection (1) in respect of that item shall be the excess over £5 of the fee or commission.
If the total charge for credit includes any sum payable or paid by the debtor to a credit-broker otherwise than in respect of a fee or commission charged by him, that sum shall for the purposes of subsection (6) be treated as if it were such a fee or commission.
So far only as is necessary to give effect to section 69(2), this section applies to an agreement or transaction within that subsection as it applies to a cancelled agreement or transaction.
Notwithstanding the cancellation of a regulated consumer credit agreement, other than a debtor-creditor-supplier agreement for restricted-use credit, the agreement shall continue in force so far as it relates to repayment of credit and payment of interest.
If, following the cancellation of a regulated consumer credit agreement, the debtor repays the whole or a portion of the credit— no interest shall be payable on the amount repaid.
before the expiry of one month following service of the notice of cancellation, or
in the case of a credit repayable by instalments, before the date on which the first instalment is due,
If the whole of a credit repayable by instalments is not repaid on or before the date specified in subsection (2)(b), the debtor shall not be liable to repay any of the credit except on receipt of a request in writing in the prescribed form, signed by or on behalf of the creditor, stating the amounts of the remaining instalments (recalculated by the creditor as nearly as may be in accordance with the agreement and without extending the repayment period), but excluding any sum other than principal and interest.
Repayment of a credit, or payment of interest, under a cancelled agreement shall be treated as duly made if it is made to any person on whom, under section 69, a notice of cancellation could have been served, other than a person referred to in section 69(6)(b).
This section applies where any agreement or transaction relating to goods, being— is cancelled after the debtor or hirer (in a case within paragraph (a)) or the relative (in a case within paragraph (b)) has acquired possession of the goods by virtue of the agreement or transaction.
a restricted-use debtor-creditor-supplier agreement, a consumer hire agreement, or a linked transaction to which the debtor or hirer under any regulated agreement is a party, or
a linked transaction to which a relative of the debtor or hirer under any regulated agreement is a party,
In this section—
“the possessor ” means the person who has acquired possession of the goods as mentioned in subsection (1),
“the other party ” means the person from whom the possessor acquired possession, and
“the pre-cancellation period ” means the period beginning when the possessor acquired possession and ending with the cancellation.
The possessor shall be treated as having been under a duty throughout the pre-cancellation period—
to retain possession of the goods, and
to take reasonable care of them.
On the cancellation, the possessor shall be under a duty, subject to any lien, to restore the goods to the other party in accordance with this section, and meanwhile to retain possession of the goods and take reasonable care of them.
The possessor shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing signed by or on behalf of the other party and served on the possessor either before, or at the time when, the goods are collected from those premises.
If the possessor— he shall be discharged from any duty to retain the goods or deliver them to any person.
delivers the goods (whether at his own premises or elsewhere) to any person on whom, under section 69, a notice of cancellation could have been served (other than a person referred to in section 69(6)(b)), or
sends the goods at his own expense to such a person,
Where the possessor delivers the goods as mentioned in subsection (6)(a), his obligation to take care of the goods shall cease; and if he sends the goods as mentioned in subsection (6)(b), he shall be under a duty to take reasonable care to see that they are received by the other party and not damaged in transit, but in other respects his duty to take care of the goods shall cease.
Where, at any time during the period of 21 days following the cancellation, the possessor receives such a request as is mentioned in subsection (5), and unreasonably refuses or unreasonably fails to comply with it, his duty to take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in subsection (6), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.
The preceding provisions of this section do not apply to—
perishable goods, or
goods which by their nature are consumed by use and which, before the cancellation, were so consumed, or
goods supplied to meet an emergency, or
goods which, before the cancellation, had become incorporated in any land or thing not comprised in the cancelled agreement or a linked transaction.
Where the address of the possessor is specified in the executed agreement, references in this section to his own premises are to that address and no other.
Breach of a duty imposed by this section is actionable as a breach of statutory duty.
This section applies on the cancellation of a regulated agreement where, in antecedent negotiations, the negotiator agreed to take goods in part-exchange (the “part-exchange goods ”) and those goods have been delivered to him.
Unless, before the end of the period of ten days beginning with the date of cancellation, the part-exchange goods are returned to the debtor or hirer in a condition substantially as good as when they were delivered to the negotiator, the debtor or hirer shall be entitled to recover from the negotiator a sum equal to the part-exchange allowance (as defined in subsection (7)(b)).
In the case of a debtor-creditor-supplier agreement within section 12(b), the negotiator and the creditor shall be under a joint and several liability to pay to the debtor a sum recoverable under subsection (2).
Subject to any agreement between them, the creditor shall be entitled to be indemnified by the negotiator for loss suffered by the creditor in satisfying his liability under subsection (3), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
During the period of ten days beginning with the date of cancellation, the debtor or hirer, if he is in possession of goods to which the cancelled agreement relates, shall have a lien on them for— and if the lien continues to the end of that period it shall thereafter subsist only as a lien for a sum equal to the part-exchange allowance.
delivery of the part-exchange goods, in a condition substantially as good as when they were delivered to the negotiator, or
a sum equal to the part-exchange allowance;
Where the debtor or hirer recovers from the negotiator or creditor, or both of them jointly, a sum equal to the part-exchange allowance, then, if the title of the debtor or hirer to the part-exchange goods has not vested in the negotiator, it shall so vest on the recovery of that sum.
For the purposes of this section—
the negotiator shall be treated as having agreed to take goods in part-exchange if, in pursuance of the antecedent negotiations, he either purchased or agreed to purchase those goods or accepted or agreed to accept them as part of the consideration for the cancelled agreement, and
the part-exchange allowance shall be the sum agreed as such in the antecedent negotiations or, if no such agreement was arrived at, such sum as it would have been reasonable to allow in respect of the part-exchange goods if no notice of cancellation had been served.
In an action brought against the creditor for a sum recoverable under subsection (2), he shall be entitled, in accordance with rules of court, to have the negotiator made a party to the proceedings.
The debtor under a regulated consumer credit agreement, other than an excluded agreement, may withdraw from the agreement, without giving any reason, in accordance with this section.
To withdraw from an agreement under this section the debtor must give oral or written notice of the withdrawal to the creditor before the end of the period of 14 days beginning with the day after the relevant day.
For the purposes of subsection (2) the relevant day is whichever is the latest of the following—
the day on which the agreement is made;
where the creditor is required to inform the debtor of the credit limit under the agreement, the day on which the creditor first does so;
in the case of an agreement to which section 61A (duty to supply copy of executed consumer credit agreement) applies, the day on which the debtor receives a copy of the agreement under that section or on which the debtor is informed as specified in subsection (3) of that section;
in the case of an agreement to which section 63 (duty to supply copy of executed agreement: excluded agreements) applies, the day on which the debtor receives a copy of the agreement under that section.
Where oral notice under this section is given to the creditor it must be given in a manner specified in the agreement.
Where written notice under this section is given by facsimile transmission or electronically—
it must be sent to the number or electronic address specified for the purpose in the agreement, and
where it is so sent, it is to be regarded as having been received by the creditor at the time it is sent (and section 176A does not apply).
Where written notice under this section is given in any other form—
it must be sent by post to, or left at, the postal address specified for the purpose in the agreement, and
where it is sent by post to that address, it is to be regarded as having been received by the creditor at the time of posting (and section 176 does not apply).
Subject as follows, where the debtor withdraws from a regulated consumer credit agreement under this section—
the agreement shall be treated as if it had never been entered into, and
where an ancillary service relating to the agreement is or is to be provided by the creditor, or by a third party on the basis of an agreement between the third party and the creditor, the ancillary service contract shall be treated as if it had never been entered into.
In the case referred to in subsection (7)(b) the creditor must without delay notify any third party of the fact that the debtor has withdrawn from the agreement.
Where the debtor withdraws from an agreement under this section—
the debtor must repay to the creditor any credit provided and the interest accrued on it (at the rate provided for under the agreement), but
the debtor is not liable to pay to the creditor any compensation, fees or charges except any non-returnable charges paid by the creditor to a public administrative body.
An amount payable under subsection (9) must be paid without undue delay and no later than the end of the period of 30 days beginning with the day after the day on which the notice of withdrawal was given (and if not paid by the end of that period may be recovered by the creditor as a debt).
Where a regulated consumer credit agreement is a conditional sale, hire-purchase or credit-sale agreement and— title to the goods purchased or supplied under the agreement is to pass to the debtor on the same terms as would have applied had the debtor not withdrawn from the agreement.
the debtor withdraws from the agreement under this section after the credit has been provided, and
the sum payable under subsection (9)(a) is paid in full by the debtor,
In subsections (2), (4), (5), (6) and (9)(a) references to the creditor include a person specified by the creditor in the agreement.
In subsection (7)(b) the reference to an ancillary service means a service that relates to the provision of credit under the agreement and includes in particular an insurance or payment protection policy.
For the purposes of this section, an agreement is an excluded agreement if it is—
an agreement for credit exceeding £60,260 , other than a residential renovation agreement,
an agreement secured on land,
a restricted-use credit agreement to finance the purchase of land, or
an agreement for a bridging loan in connection with the purchase of land.
Except as provided in subsections (1A) to (2), this Part does not apply to—
a non-commercial agreement,
a debtor-creditor agreement enabling the debtor to overdraw on a current account,
a debtor-creditor agreement to finance the making of such payments arising on, or connected with, the death of a person as may be prescribed, or
a small debtor-creditor-supplier agreement for restricted-use credit.
The following provisions apply to a small debtor-creditor-supplier agreement for restricted-use credit—
section 55 (regulations on disclosure of information);
section 56 (antecedent negotiations);
section 66A (withdrawal from consumer credit agreement).
Section 56 (antecedent negotiations) applies to a non-commercial agreement.
Subsection (1)(c) applies only where the FCA so determines, and such a determination—
may be made subject to such conditions as the FCA thinks fit, and
shall be made only if the FCA is of the opinion that it is not against the interests of debtors.
Where an agreement that falls within subsection (1)(b) is an authorised business overdraft agreement the following provisions apply—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 56 (antecedent negotiations);
section 60 (regulations on form and content of agreements);
section 61B (duty to supply copy of overdraft agreement).
If any term of an agreement falling within subsection (1)(d) is expressed in writing, regulations under section 60(1) shall apply to that term (subject to section 60(3)) as if the agreement were a regulated agreement not falling within subsection (1)(d).
Where an agreement that falls within subsection (1)(b) is an authorised non-business overdraft agreement the following provisions apply—
section 55 (regulations on disclosure of information);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 55C (copy of draft consumer credit agreement);
section 56 (antecedent negotiations);
section 60 (regulations on form and content of agreements);
section 61B (duty to supply copy of overdraft agreement).
Where an agreement that falls within subsection (1)(b) would be an authorised non-business overdraft agreement but for the fact that the credit is not repayable on demand or within three months the following provisions apply—
section 55 (regulations on disclosure of information);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 55C (copy of draft consumer credit agreement);
section 56 (antecedent negotiations);
section 60 (regulations on form and content of agreements);
section 61 (signing of agreement);
section 61A (duty to supply copy of executed agreement);
section 66A (withdrawal from consumer credit agreement).
In the case of an agreement that falls within subsection (1)(b) but does not fall within subsection (1B), (1C) or (1D), section 56 (antecedent negotiations) applies.
The following provisions apply to a debtor-creditor agreement to finance the making of such payments arising on, or connected with, the death of a person as may be prescribed—
section 55 (regulations on disclosure of information);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 55C (copy of draft consumer credit agreement);
section 56 (antecedent negotiations);
section 60 (regulations on form and content of agreements);
section 61 (signing of agreement);
section 61A (duty to supply copy of executed agreement);
section 66A (withdrawal from consumer credit agreement).
In the case of an agreement to which Part 2 or 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies, the reference in subsection (2) to a small agreement is to be read as if in section 17(1)(a) and (b) “£42” were substituted for “£50”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
Subsection (1) does not apply to a claim—
under a non-commercial agreement, . . .
so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000 , or
under a debtor-creditor-supplier agreement for running-account credit—
which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.
This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.
In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings.
The creditor or owner is not entitled to enforce a term of a regulated agreement by— except by or after giving the debtor or hirer not less than seven days’ notice of his intention to do so.
demanding earlier payment of any sum, or
recovering possession of any goods or land, or
treating any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred,
Subsection (1) applies only where— but so applies notwithstanding that, under the agreement, any party is entitled to terminate it before the end of the period so specified.
a period for the duration of the agreement is specified in the agreement, and
that period has not ended when the creditor or owner does an act mentioned in subsection (1),
A notice under subsection (1) is ineffective if not in the prescribed form.
Subsection (1) does not prevent a creditor from treating the right to draw on any credit as restricted or deferred and taking such steps as may be necessary to make the restriction or deferment effective.
Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
Subsection (1) does not apply to a right of enforcement arising by reason of any breach by the debtor or hirer of the regulated agreement.
This section does not apply to a regulated deferred payment credit agreement.
If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.
The conditions in subsection (1) are—
that the supplier cannot be traced,
that the debtor has contacted the supplier but the supplier has not responded,
that the supplier is insolvent, or
that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.
The steps referred to in subsection (2)(d) need not include litigation.
For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.
In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—
the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or
the specific goods or provision of a specific service are explicitly specified in the credit agreement.
This section does not apply where—
the cash value of the goods or service is £30,000 or less,
the linked credit agreement is for credit which exceeds £60,260 and is not a residential renovation agreement, or
the linked credit agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (6)(c).
This section does not apply to an agreement secured on land.
The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
the total sum paid under the agreement by the debtor;
the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the debtor, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
Subsection (2B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).
If the creditor under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the agreement; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The duty imposed on the creditor by subsection (1) may be discharged by another person acting on the creditor's behalf.
This section does not apply to a non-commercial agreement or to a regulated deferred payment credit agreement.
The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
the state of the account, and
the amount, if any currently payable under the agreement by the debtor to the creditor, and
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
Where a request under subsection (1) also amounts to a request under regulation 49 of the Payment Services Regulations 2017 (information during period of contract), subsection (1) applies as if the words “and payment of a fee of £1” were omitted.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the debtor, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—
showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and
where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.
A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.
If the creditor under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the agreement;. . .
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Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—
failing to make payments as required by the agreement; or
only making payments of a prescribed description in prescribed circumstances.
This section does not apply to a non-commercial agreement, and subsections (4) to (5) do not apply to a small agreement.
The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of £1, shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the hirer, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
If the owner under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the agreement;. . .
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This section does not apply to a non-commercial agreement.
The creditor under a regulated agreement for fixed-sum credit must give the debtor statements under this section.
The statements must relate to consecutive periods.
The first such period must begin with either—
the day on which the agreement is made, or
the day the first movement occurs on the debtor's account with the creditor relating to the agreement.
No such period may exceed a year.
For the purposes of subsection (1C), a period of a year which expires on a non-working day may be regarded as expiring on the next working day.
Each statement under this section must be given to the debtor before the end of the period of thirty days beginning with the day after the end of the period to which the statement relates.
Regulations may make provision about the form and content of statements under this section.
Subsection (2B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).
Any duty imposed on the creditor by this section may be discharged by another person acting on the creditor's behalf.
The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of a statement under this section.
The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied—
that there is no sum payable under the agreement by the debtor; and
that there is no sum which will or may become so payable.
Subsection (6) applies if at a time before the conditions mentioned in subsection (4) are satisfied the creditor fails to give the debtor—
a statement under this section within the period mentioned in subsection (1E) ; ...
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Where this subsection applies in relation to a failure to give a statement under this section to the debtor—
the creditor shall not be entitled to enforce the agreement during the period of non-compliance;
the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and
the debtor shall have no liability to pay any default sum which (apart from this paragraph)—
would have become payable during the period of non-compliance; or
would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).
In this section ‘the period of non-compliance’ means, in relation to a failure to give a statement under this section to the debtor, the period which—
begins immediately after the end of the period mentioned in . . . subsection (5); and
ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier.
This section does not apply in relation to—
a non-commercial agreement,
a small agreement, or
a regulated deferred payment credit agreement.
This section does not apply where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit.
Where a regulated agreement, other than a non-commercial agreement, requires the debtor or hirer to keep goods to which the agreement relates in his possession or control, he shall, within seven working days after he has received a request in writing to that effect from the creditor or owner, tell the creditor or owner where the goods are.
If the debtor or hirer fails to comply with subsection (1), and the default continues for 14 days, he commits an offence.
This section applies to a regulated consumer credit agreement—
which is for fixed-sum credit,
which is of fixed duration,
where the credit is repayable in instalments by the debtor, and
which is not an excluded agreement.
Upon a request from the debtor, the creditor must as soon as reasonably practicable give to the debtor a statement in writing which complies with subsections (3) to (5).
The statement must include a table showing the details of each instalment owing under the agreement as at the date of the request.
Details to be provided under subsection (3) must include—
the date on which the instalment is due,
the amount of the instalment,
any conditions relating to payment of the instalment, and
a breakdown of the instalment showing how much of it is made up of capital repayment, interest payment and other charges.
Where the rate of interest is variable or the charges under the agreement may be varied, the statement must also indicate clearly and concisely that the information in the table is valid only until the rate of interest or charges are varied.
The debtor may make a request under subsection (2) at any time that the agreement is in force unless a previous request has been made less than a month before and has been complied with.
The debtor shall have no liability to pay any sum in connection with the preparation or the giving of a statement under this section.
Subsection (7B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).
The duty imposed on the creditor by this section may be discharged by another person acting on the creditor's behalf.
A breach of the duty imposed by this section is actionable as a breach of statutory duty.
For the purposes of this section, an agreement is an excluded agreement if it is—
an agreement secured on land,
an agreement under which a person takes an article in pawn,
an agreement under which the creditor provides the debtor with credit which exceeds £60,260 and which is not a residential renovation agreement, or
an agreement entered into by the debtor wholly or predominantly for the purpose of a business carried on, or intended to be carried on, by him.
Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (9)(d).
This section does not apply to a regulated deferred payment credit agreement.
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Where a debtor or hirer is liable to make to the same person payments in respect of two or more regulated agreements, he shall be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to appropriate the sum so paid by him—
in or towards the satisfaction of the sum due under any one of the agreements, or
in or towards the satisfaction of the sums due under any two or more of the agreements in such proportions as he thinks fit.
If the debtor or hirer fails to make any such appropriation where one or more of the agreements is— the payment shall be appropriated towards the satisfaction of the sums due under the several agreements respectively in the proportions which those sums bear to one another.
a hire-purchase agreement or conditional sale agreement, or
a consumer hire agreement, or
an agreement in relation to which any security is provided,
Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement, the variation shall not take effect before notice of it is given to the debtor or hirer in the prescribed manner.
Where an agreement (a “modifying agreement ”) varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this Act be treated as— and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.
revoking the earlier agreement, and
containing provisions reproducing the combined effect of the two agreements,
Subsection (1) does not apply to a variation in the rate of interest charged under an agreement not secured on land (see section 78A).
If the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is not then, unless the modifying agreement is— it shall be treated as a regulated agreement. .
for running account credit; or
an exempt agreement ... ,
Subsection (1) does not apply to a variation in the rate of interest charged under an agreement secured on land if—
the agreement falls within subsection (1D), and
the variation is a reduction in the rate.
If the earlier agreement is a regulated agreement for running-account credit, and by the modifying agreement the creditor allows the credit limit to be exceeded but intends the excess to be merely temporary, Part V (except section 56) shall not apply to the modifying agreement.
Subsection (1) does not apply to a variation in any other charge under an agreement if—
the agreement falls within subsection (1D), and
the variation is a reduction in the charge.
If— then, whether or not the modifying agreement would, apart from this subsection, be a cancellable agreement, it shall be treated as a cancellable agreement in respect of which a notice may be served under section 68 not later than the end of the period applicable under that section to the earlier agreement.
the earlier agreement is a cancellable agreement, and
the modifying agreement is made within the period applicable under section 68 to the earlier agreement,
The agreements referred to in subsections (1B) and (1C) are—
an authorised business overdraft agreement,
an authorised non-business overdraft agreement, or
an agreement which would be an authorised non-business overdraft agreement but for the fact that the credit is not repayable on demand or within three months.
Except under subsection (5), a modifying agreement shall not be treated as a cancellable agreement.
Subsection (1) does not apply to a debtor-creditor agreement arising where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit.
This section does not apply to a non-commercial agreement or to a regulated deferred payment credit agreement.
Subsection (2) does not apply if the earlier agreement or the modifying agreement is an exempt agreement ... .
Subsection (2) does not apply if the modifying agreement varies— as a result of the discharge of part of the debtor's indebtedness under the earlier agreement by virtue of section 94(3).
the amount of the repayment to be made under the earlier agreement, or
the duration of the agreement,
Subsection (5) does not apply where the modifying agreement is an exempt agreement ... .
If— then, whether or not the modifying agreement would, apart from this subsection, be an agreement to which section 66A applies, it shall be treated as such an agreement in respect of which notice may be given under subsection (2) of that section within the period referred to in paragraph (b) above.
the earlier agreement is an agreement to which section 66A (right of withdrawal) applies, and
the modifying agreement is made within the period during which the debtor may give notice of withdrawal from the earlier agreement (see section 66A(2)),
Except as provided for under subsection (6A) section 66A does not apply to a modifying agreement.
In this section, an “exempt agreement” means an agreement which is an exempt agreement for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order by virtue of article 60C(2) (regulated mortgage contracts and regulated home purchase plans) or article 60D (exemption relating to the purchase of land for non-residential purposes) of that Order.
Where the rate of interest charged under a regulated consumer credit agreement, other than an excluded agreement, is to be varied, the creditor must inform the debtor in writing of the matters mentioned in subsection (3) before the variation can take effect.
But subsection (1) does not apply where—
the agreement provides that the creditor is to inform the debtor in writing periodically of the matters mentioned in subsection (3) in relation to any variation, at such times as may be provided for in the agreement,
the agreement provides that the rate of interest is to vary according to a reference rate,
the reference rate is publicly available,
information about the reference rate is available on the premises of the creditor, and
the variation of the rate of interest results from a change to the reference rate.
The matters referred to in subsections (1) and (2)(a) are—
the variation in the rate of interest,
the amount of any payments that are to be made after the variation has effect, if different, expressed as a sum of money where practicable, and
if the number or frequency of payments changes as a result of the variation, the new number or frequency.
In the case of an agreement mentioned in subsection (5) this section applies as follows—
the obligation in subsection (1) only applies if the rate of interest increases, and
subsection (3) is to be read as if paragraphs (b) and (c) were omitted.
The agreements referred to in subsection (4) are—
an authorised business overdraft agreement,
an authorised non-business overdraft agreement, or
an agreement which would be an authorised non-business overdraft agreement but for the fact that the credit is not repayable on demand or within three months.
For the purposes of this section an agreement is an excluded agreement if it is—
a debtor-creditor agreement arising where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit, or
an agreement secured on land.
The debtor under a regulated consumer credit agreement shall not be liable to the creditor for any loss arising from use of the credit facility by another person not acting, or to be treated as acting, as the debtor’s agent.
This section does not apply to a non-commercial agreement, or to any loss in so far as it arises from misuse of an instrument to which section 4 of the Cheques Act 1957 applies.
Section 83 does not prevent the debtor under a credit-token agreement from being made liable to the extent of £35 (or the credit limit if lower) for loss to the creditor arising from use of the credit-token by other persons during a period beginning when the credit-token ceases to be in the possession of any authorised person and ending when the credit-token is once more in the possession of an authorised person.
Section 83 does not prevent the debtor under a credit-token agreement from being made liable to any extent for loss to the creditor from use of the credit-token by a person who acquired possession of it with the debtor’s consent.
Subsections (1) and (2) shall not apply to any use of the credit-token after the creditor has been given oral or written notice that it is lost or stolen, or is for any other reason liable to misuse.
Subsections (1) and (2) shall not apply unless there are contained in the credit-token agreement in the prescribed manner particulars of the name, address and telephone number of a person stated to be the person to whom notice is to be given under subsection (3).
Subsections (1) and (2) shall not apply to any use, in connection with a distance contract (other than an excepted contract), of a card which is a credit-token.
Notice under subsection (3) takes effect when received, but where it is given orally, and the agreement so requires, it shall be treated as not taking effect if not confirmed in writing within seven days.
In subsection (3A), “distance contract ” and “excepted contract ” have the meanings given in the Consumer Protection (Distance Selling) Regulations 2000.
Any sum paid by the debtor for the issue of the credit-token, to the extent (if any) that it has not been previously offset by use made of the credit-token, shall be treated as paid towards satisfaction of any liability under subsection (1) or (2).
Subsections (1) and (2) shall not apply to any use, in connection with a distance contract within the meaning of the Financial Services (Distance Marketing) Regulations 2004, of a card which is a credit-token.
The debtor, the creditor, and any person authorised by the debtor to use the credit-token, shall be authorised persons for the purposes of subsection (1).
Where two or more credit-tokens are given under one credit-token agreement, the preceding provisions of this section apply to each credit-token separately.
Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.
If the creditor fails to comply with this section—
he is not entitled, while the default continues, to enforce the agreement; . . .
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This section does not apply to a small agreement.
The creditor or owner under a regulated agreement is not entitled, by reason of the death of the debtor or hirer, to do an act specified in paragraphs (a) to (e) of section 87(1) if at the death the agreement is fully secured.
If at the death of the debtor or hirer a regulated agreement is only partly secured or is unsecured, the creditor or owner is entitled, by reason of the death of the debtor or hirer, to do an act specified in paragraphs (a) to (e) of section 87(1) on an order of the court only.
This section applies in relation to the termination of an agreement only where— but so applies notwithstanding that, under the agreement, any party is entitled to terminate it before the end of the period so specified.
a period for its duration is specified in the agreement, and
that period has not ended when the creditor or owner purports to terminate the agreement,
This section does not prevent the creditor from treating the right to draw on any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.
This section does not affect the operation of any agreement providing for payment of sums— out of the proceeds of a policy of assurance on his life.
due under the regulated agreement, or
becoming due under it on the death of the debtor or hirer,
For the purposes of this section an act is done by reason of the death of the debtor or hirer if it is done under a power conferred by the agreement which is—
exercisable on his death, or
exercisable at will and exercised at any time after his death.
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The FCA shall prepare and issue an arrears information sheet and a default information sheet.
The arrears information sheet shall include information to help debtors and hirers who receive notices under section 86B or 86C.
The default information sheet shall include information to help debtors and hirers who receive default notices.
Regulations may make provision about the information to be included in an information sheet.
An information sheet takes effect for the purposes of this Part at the end of the period of three months beginning with the day on which it is issued or on such later date as the FCA may specify in relation to the information sheet .
If the FCA revises an information sheet after it has been issued, it shall issue the revised information sheet.
A revised information sheet takes effect for the purposes of this Part at the end of the period of three months beginning with the day on which it is issued or on such later date as the FCA may specify in relation to the information sheet .
This section applies where at any time the following conditions are satisfied—
that the debtor or hirer under an applicable agreement is required to have made at least two payments under the agreement before that time;
that the total sum paid under the agreement by him is less than the total sum which he is required to have paid before that time;
that the amount of the shortfall is no less than the sum of the last two payments which he is required to have made before that time;
that the creditor or owner is not already under a duty to give him notices under this section in relation to the agreement; and
if a judgment has been given in relation to the agreement before that time, that there is no sum still to be paid under the judgment by the debtor or hirer.
The creditor or owner—
shall, within the period of 14 days beginning with the day on which the conditions mentioned in subsection (1) are satisfied, give the debtor or hirer a notice under this section; and
after the giving of that notice, shall give him further notices under this section at intervals of not more than six months.
The duty of the creditor or owner to give the debtor or hirer notices under this section shall cease when either of the conditions mentioned in subsection (4) is satisfied; but if either of those conditions is satisfied before the notice required by subsection (2)(a) is given, the duty shall not cease until that notice is given.
The conditions referred to in subsection (3) are—
that the debtor or hirer ceases to be in arrears;
that a judgment is given in relation to the agreement under which a sum is required to be paid by the debtor or hirer.
For the purposes of subsection (4)(a) the debtor or hirer ceases to be in arrears when—
no payments , which he has ever failed to make under the agreement when required, are still owing;
no default sum, which has ever become payable under the agreement in connection with his failure to pay any sum under the agreement when required, is still owing;
no sum of interest, which has ever become payable under the agreement in connection with such a default sum, is still owing; and
no other sum of interest, which has ever become payable under the agreement in connection with his failure to pay any sum under the agreement when required, is still owing.
A notice under this section shall include a copy of the current arrears information sheet under section 86A.
The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of a notice under this section.
Regulations may make provision about the form and content of notices under this section.
In the case of an applicable agreement under which the debtor or hirer must make all payments he is required to make at intervals of one week or less, this section shall have effect as if in subsection (1)(a) and (c) for ‘two’ there were substituted ‘four’.
If an agreement mentioned in subsection (9) was made before the beginning of the relevant period, only amounts resulting from failures by the debtor or hirer to make payments he is required to have made during that period shall be taken into account in determining any shortfall for the purposes of subsection (1)(c).
In subsection (10) ‘relevant period’ means the period of 20 weeks ending with the day on which the debtor or hirer is required to have made the most recent payment under the agreement.
This section does not apply to a regulated deferred payment credit agreement.
In this section ‘applicable agreement’ means an agreement which— In this section “applicable agreement” means an agreement which falls within subsection (12A) or (12B).
is a regulated agreement for fixed-sum credit or a regulated consumer hire agreement; and
is neither a non-commercial agreement nor a small agreement.
In this section “applicable agreement” means an agreement which falls within subsection (12A) or (12B).
An agreement falls within this subsection if—
it is a regulated agreement for fixed-sum credit; and
it is not—
a non-commercial agreement;
a small agreement; or
a green deal plan (within the meaning of section 1 of the Energy Act 2011).
An agreement falls within this subsection if—
it is a regulated consumer hire agreement; and
it is neither a non-commercial agreement nor a small agreement.
In this section—
“ payments ” in relation to an applicable agreement which is a regulated agreement for fixed-sum credit means payments to be made at predetermined intervals provided for under the terms of the agreement; and
“ payments ” in relation to an applicable agreement which is a regulated consumer hire agreement means any payments to be made by the hirer in relation to any period in consideration of the bailment or hiring to him of goods under the agreement.
This section applies where at any time the following conditions are satisfied—
that the debtor under an applicable agreement is required to have made at least two payments under the agreement before that time;
that the last two payments which he is required to have made before that time have not been made;
that the creditor has not already been required to give a notice under this section in relation to either of those payments; and
if a judgment has been given in relation to the agreement before that time, that there is no sum still to be paid under the judgment by the debtor.
The creditor shall, no later than the end of the period within which he is next required to give a statement under section 78(4) in relation to the agreement, give the debtor a notice under this section.
The notice shall include a copy of the current arrears information sheet under section 86A.
The notice may be incorporated in a statement or other notice which the creditor gives the debtor in relation to the agreement by virtue of another provision of this Act.
The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice.
Regulations may make provision about the form and content of notices under this section.
In this section ‘applicable agreement’ means an agreement which—
is a regulated agreement for running-account credit; and
is neither a non-commercial agreement nor a small agreement.
In this section “payments” means payments to be made at predetermined intervals provided for under the terms of the agreement.
This section applies where the creditor or owner under an agreement is under a duty to give the debtor or hirer notices under section 86B but fails to give him such a notice—
within the period mentioned in subsection (2)(a) of that section; or
within the period of six months beginning with the day after the day on which such a notice was last given to him.
This section also applies where the creditor under an agreement is under a duty to give the debtor a notice under section 86C but fails to do so before the end of the period mentioned in subsection (2) of that section.
The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.
The debtor or hirer shall have no liability to pay—
any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or
any default sum which (apart from this paragraph)—
would have become payable during the period of non-compliance; or
would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).
In this section ‘the period of non-compliance’ means, in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which—
begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and
ends at the end of the day mentioned in subsection (6).
That day is—
in the case of a failure to give a notice under section 86B as mentioned in subsection (1)(a) of this section, the day on which the notice is given to the debtor or hirer;
in the case of a failure to give a notice under that section as mentioned in subsection (1)(b) of this section, the earlier of the following—
the day on which the notice is given to the debtor or hirer;
the day on which the condition mentioned in subsection (4)(a) of that section is satisfied;
in the case of a failure to give a notice under section 86C, the day on which the notice is given to the debtor.
This section applies where a default sum becomes payable under a regulated agreement by the debtor or hirer.
The creditor or owner shall, within the prescribed period after the default sum becomes payable, give the debtor or hirer a notice under this section.
The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.
The debtor or hirer shall have no liability to pay interest in connection with the default sum to the extent that the interest is calculated by reference to a period occurring before the 29th day after the day on which the debtor or hirer is given the notice under this section.
If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.
The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.
Regulations may—
provide that this section does not apply in relation to a default sum which is less than a prescribed amount;
make provision about the form and content of notices under this section.
This section does not apply in relation to—
a non-commercial agreement,
a small agreement, or
a regulated deferred payment credit agreement.
This section applies where a default sum becomes payable under a regulated agreement by the debtor or hirer.
The debtor or hirer shall only be liable to pay interest in connection with the default sum if the interest is simple interest.
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Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
to terminate the agreement, or
to demand earlier payment of any sum, or
to recover possession of any goods or land, or
to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
to enforce any security.
Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.
The doing of an act by which a floating charge becomes fixed is not enforcement of a security.
Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).
This section does not apply to a regulated deferred payment credit agreement.
The default notice must be in the prescribed form and specify—
the nature of the alleged breach;
if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.
The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the 14 days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.
The default notice must contain information in the prescribed terms about the consequences of failure to comply with it and any other prescribed matters relating to the agreement.
A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.
The default notice must also include a copy of the current default information sheet under section 86A.
If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or (c) the breach shall be treated as not having occurred.
At any time when— the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court.
the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and
the debtor has paid to the creditor one-third or more of the total price of the goods, and
the property in the goods remains in the creditor,
Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge ”) the reference in subsection (1)(b) to one-third of the total price shall be construed as a reference to the aggregate of the installation charge and one-third of the remainder of the total price.
In a case where— subsection (1) shall apply to the later agreement with the omission of paragraph (b).
subsection (1)(a) is satisfied, but not subsection (1)(b), and
subsection (1)(b) was satisfied on a previous occasion in relation to an earlier agreement, being a regulated hire-purchase or regulated conditional sale agreement, between the same parties, and relating to any of the goods comprised in the later agreement (whether or not other goods were also included),
If the later agreement is a modifying agreement, subsection (3) shall apply with the substitution, for the second reference to the later agreement, of a reference to the modifying agreement.
Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor has terminated, or terminates, the agreement.
Where subsection (1) applies to an agreement at the death of the debtor, it shall continue to apply (in relation to the possessor of the goods) until the grant of probate or administration, or (in Scotland) confirmation (on which the personal representative would fall to be treated as the debtor).
Goods falling within this section are in this Act referred to as “protected goods ”.
If goods are recovered by the creditor in contravention of section 90—
the regulated agreement, if not previous terminated, shall terminate, and
the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.
Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.
At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only.
An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.
The debtor under a regulated consumer credit agreement shall not be obliged to pay interest on sums which, in breach of the agreement, are unpaid by him at a rate—
where the total charge for credit includes an item in respect of interest, exceeding the rate of that interest, or
in any other case, exceeding what would be the rate of the total charge for credit if any items included in the total charge for credit by virtue of rules made by the FCA under paragraph (2)(d) of article 60M of the Regulated Activities Order were disregarded.
Summary diligence shall not be competent in Scotland to enforce payment of a debt due under a regulated agreement or under any security related thereto.
The debtor under a regulated consumer credit agreement is entitled at any time, by notice to the creditor and the payment to the creditor of all amounts payable by the debtor to him under the agreement and any amount which the creditor claims under section 95A(2) or section 95B(2)(less any rebate allowable under section 95), to discharge the debtor’s indebtedness under the agreement.
A notice under subsection (1) may embody the exercise by the debtor of any option to purchase goods conferred on him by the agreement, and deal with any other matter arising on, or in relation to, the termination of the agreement.
The debtor under a regulated consumer credit agreement, other than an agreement secured on land, is entitled at any time to discharge part of his indebtedness by taking the steps in subsection (4).
The steps referred to in subsection (3) are as follows—
he provides notice to the creditor,
he pays to the creditor some of the amount payable by him to the creditor under the agreement before the time fixed by the agreement, and
he makes the payment—
before the end of the period of 28 days beginning with the day following that on which notice under paragraph (a) was received by the creditor, or
on or before any later date specified in the notice.
Where a debtor takes the steps in subsection (4) his indebtedness shall be discharged by an amount equal to the sum of the amount paid and any rebate allowable under section 95 less any amount which the creditor claims under section 95A(2) or section 95B(2).
A notice— need not be in writing.
under subsection (1), other than a notice relating to a regulated consumer credit agreement secured on land, or
under subsection (4)(a),
Regulations may provide for the allowance of a rebate of charges for credit to the debtor under a regulated consumer credit agreeement where, under section 94, on refinancing, on breach of the agreement, or for any other reason, his indebtedness is discharged or is discharged in part or becomes payable before the time fixed by the agreement, or any sum becomes payable by him before the time so fixed.
Regulations under subsection (1) may provide for calculation of the rebate by reference to any sums paid or payable by the debtor or his relative under or in connection with the agreement (whether to the creditor or some other person), including sums under linked transactions and other items in the total charge for credit.
Where for any reason the indebtedness of the debtor under a regulated consumer credit agreement is discharged before the time fixed by the agreement, he, and any relative of his, shall at the same time be discharged from any liability under a linked transaction, other than a debt which has already become payable.
Subsection (1) does not apply to a linked transaction which is itself an agreement providing the debtor or his relative with credit.
Regulations may exclude linked transactions of the prescribed description from the operation of subsection (1).
This section applies where—
a regulated consumer credit agreement, other than an agreement secured on land, provides for the rate of interest on the credit to be fixed for a period of time, and
under section 94 the debtor discharges all or part of his indebtedness during that period.
The creditor may claim an amount equal to the cost which the creditor has incurred as a result only of the debtor's indebtedness being discharged during that period if—
the amount of the payment under section 94 exceeds £8,000 or, where more than one such payment is made in any 12 month period, the total of those payments exceeds £8,000,
the agreement is not a debtor-creditor agreement enabling the debtor to overdraw on a current account, and
the amount of the payment under section 94 is not paid from the proceeds of a contract of payment protection insurance.
The amount in subsection (2)—
must be fair,
must be objectively justified, and
must not exceed whichever is the lower of—
the relevant percentage of the amount of the payment under section 94, and
the total amount of interest that would have been paid by the debtor under the agreement in the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor.
In subsection (3)(c)(i) “ relevant percentage ” means—
1%, where the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor is more than one year, or
0.5%, where that period is equal to or less than one year.
The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request . . . to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to the information to which it is practicable for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at.
Subsection (1) does not apply to a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
If the creditor fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the agreement; . . .
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A request under subsection (1) need not be in writing unless the agreement is secured on land.
This section does not apply to a regulated deferred payment credit agreement.
This section applies where—
a regulated consumer credit agreement provides for the rate of interest on the credit to be fixed for a period of time (“the fixed rate period”),
the agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011) which is of a duration specified for the purposes of this section in regulations, and
under section 94 the debtor discharges all or part of his indebtedness during the fixed rate period.
The creditor may claim an amount equal to the cost which the creditor has incurred as a result only of the debtor's indebtedness being discharged during the fixed rate period if—
the amount of the payment under section 94 is not paid from the proceeds of a contract of payment protection insurance, and
such other conditions as may be specified for the purposes of this section in regulations are satisfied.
The amount in subsection (2)—
must be fair,
must be objectively justified,
must be calculated by the creditor in accordance with provision made for the purposes of this section in regulations, and
must not exceed the total amount of interest that would have been paid by the debtor under the agreement in the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor.
If a creditor could claim under either section 95A or this section, the creditor may choose under which section to claim.
Where a debtor under a regulated consumer credit agreement— the creditor must give the statement to the debtor before the end of the period of seven working days beginning with the day following that on which the creditor receives the request.
makes a payment by virtue of which part of his indebtedness is discharged under section 94, and
at the same time or subsequently requests the creditor to give him a statement concerning the effect of the payment on the debtor's indebtedness,
The statement shall be in writing and shall contain the following particulars—
a description of the agreement sufficient to identify it,
the name, postal address and, where appropriate, any other address of the creditor and the debtor,
where the creditor is claiming an amount under section 95A(2)or section 95B(2), that amount and the method used to determine it,
the amount of any rebate to which the debtor is entitled—
under the agreement, or
by virtue of section 95 where that is higher,
where the amount of the rebate mentioned in paragraph (d)(ii) is given, a statement indicating that this amount has been calculated having regard to the Consumer Credit (Early Settlement) Regulations 2004,
where the debtor is not entitled to any rebate, a statement to this effect,
any change to— which results from the partial discharge of the indebtedness of the debtor, and
the number, timing or amount of repayments to be made under the agreement, or
the duration of the agreement,
the amount of the debtor's indebtedness remaining under the agreement at the date the creditor gives the statement.
This section does not apply to a regulated deferred payment credit agreement.
The creditor or owner is not entitled to terminate a regulated agreement except by or after giving the debtor or hirer not less than seven days’ notice of the termination.
Subsection (1) applies only where— but so applies notwithstanding that, under the agreement, any party is entitled to terminate it before the end of the period so specified.
a period for the duration of the agreement is specified in the agreement, and
that period has not ended when the creditor or owner does an act mentioned in subsection (1),
A notice under subsection (1) is ineffective if not in the prescribed form.
Subsection (1) does not prevent a creditor from treating the right to draw on any credit as restricted or deferred and taking such steps as may be necessary to make the restriction or deferment effective.
Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
Subsection (1) does not apply to the termination of a regulated agreement by reason of any breach by the debtor or hirer of the agreement.
This section does not apply to a regulated deferred payment credit agreement.
At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement.
Termination of an agreement under subsection (1) does not affect any liability under the agreement which has accrued before the termination.
Subsection (1) does not apply to a conditional sale agreement relating to land after the title to the land has passed to the debtor.
In the case of a conditional sale agreement relating to goods, where the property in the goods, having become vested in the debtor, is transferred to a person who does not become the debtor under the agreement, the debtor shall not thereafter be entitled to terminate the agreement under subsection (1).
Subject to subsection (4), where a debtor under a conditional sale agreement relating to goods terminates the agreement under this section after the property in the goods has become vested in him, the property in the goods shall thereupon vest in the person (the “previous owner ”) in whom it was vested immediately before it became vested in the debtor: Provided that if the previous owner has died, or any other event has occurred whereby that property, if vested in him immediately before that event, would thereupon have vested in some other person, the property shall be treated as having devolved as if it had been vested in the previous owner immediately before his death or immediately before that event, as the case may be.
The debtor under a regulated open-end consumer credit agreement, other than an excluded agreement, may by notice terminate the agreement, free of charge, at any time, subject to any period of notice not exceeding one month provided for by the agreement.
Notice under subsection (1) need not be in writing unless the creditor so requires.
Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination of the agreement by the creditor—
the termination must be by notice served on the debtor, and
the termination may not take effect until after the end of the period of two months, or such longer period as the agreement may provide, beginning with the day after the day on which notice is served.
Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination or suspension by the creditor of the debtor's right to draw on credit—
to terminate or suspend the right to draw on credit the creditor must serve a notice on the debtor before the termination or suspension or, if that is not practicable, immediately afterwards,
the notice must give reasons for the termination or suspension, and
the reasons must be objectively justified.
Subsection (4)(a) and (b) does not apply where giving the notice—
is prohibited by an assimilated obligation, or
would, or would be likely to, prejudice—
the prevention or detection of crime,
the apprehension or prosecution of offenders, or
the administration of justice.
An objectively justified reason under subsection (4)(c) may, for example, relate to—
the unauthorised or fraudulent use of credit, or
a significantly increased risk of the debtor being unable to fulfil his obligation to repay the credit.
Subsections (1) and (3) do not affect any right to terminate an agreement for breach of contract.
For the purposes of this section an agreement is an excluded agreement if it is—
an authorised non-business overdraft agreement,
an authorised business overdraft agreement,
a debtor-creditor agreement arising where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit, or
an agreement secured on land.
Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.
Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge ”) the reference in subsection (1) to one-half of the total price shall be construed as a reference to the aggregate of the installation charge and one-half of the remainder of the total price.
If in any action the court is satisfied that a sum less than the amount specified in subsection (1) would be equal to the loss sustained by the creditor in consequence of the termination of the agreement by the debtor, the court may make an order for the payment of that sum in lieu of the amount specified in subsection (1).
If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.
Where the debtor, on the termination of the agreement, wrongfully retains possession of goods to which the agreement relates, then, in any action brought by the creditor to recover possession of the goods from the debtor, the court, unless it is satisfied that having regard to the circumstances it would not be just to do so, shall order the goods to be delivered to the creditor without giving the debtor an option to pay the value of the goods.
The hirer under a regulated consumer hire agreement is entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement.
Termination of an agreement under subsection (1) does not affect any liability under the agreement which has accrued before the termination.
A notice under subsection (1) shall not expire earlier than eighteen months after the making of the agreement, but apart from that the minimum period of notice to be given under subsection (1), unless the agreement provides for a shorter period, is as follows.
If the agreement provides for the making of payments by the hirer to the owner at equal intervals, the minimum period of notice is the length of one interval or three months, whichever is less.
If the agreement provides for the making of such payments at differing intervals, the minimum period of notice is the length of the shortest interval or three months, whichever is less.
In any other case, the minimum period of notice is three months.
This section does not apply to—
any agreement which provides for the making by the hirer of payments which in total (and without breach of the agreement) exceed £1,500 in any year, or
any agreement where—
goods are bailed or (in Scotland) hired to the hirer for the purposes of a business carried on by him, or the hirer holds himself out as requiring the goods for those purposes, and
the goods are selected by the hirer, and acquired by the owner for the purposes of the agreement at the request of the hirer from any person other than the owner’s associate, or
any agreement where the hirer requires, or holds himself out as requiring, the goods for the purpose of bailing or hiring them to other persons in the course of a business carried on by him.
If, on an application made to the FCA by a person carrying on a consumer hire business, it appears to the FCA that it would be in the interest of hirers to do so, it may ... direct that , 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 .
In the case of a modifying agreement, subsection (3) shall apply with the substitution, for “the making of the agreement ” of “the making of the original agreement ”.
If it appears to the FCA that it would be in the interests of hirers to do so, it may ... 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.
Where the debtor or hirer under a regulated agreement claims to have a right to rescind the agreement, each of the following shall be deemed to be the agent of the creditor or owner for the purpose of receiving any notice rescinding the agreement which is served by the debtor or hirer—
a credit-broker or supplier who was the negotiator in antecedent negotiations, and
any person who, in the course of a business carried on by him, acted on behalf of the debtor or hirer in any negotiations for the agreement.
In subsection (1) “rescind ” does not include—
service of a notice of cancellation, or
termination of an agreement under section 99 or 101 or by the exercise of a right or power in that behalf expressly conferred by the agreement.
If an individual (the “customer ”) serves on any person (the “trader ”) a notice— the trader shall, within the prescribed period after receiving the notice, either comply with it or serve on the customer a counter-notice stating that, as the case may be, he disputes the correctness of the notice or asserts that the customer is not indebted to him under the agreement.
stating that—
the customer was the debtor or hirer under a regulated agreement described in the notice, and the trader was the creditor or owner under the agreement, and
the customer has discharged his indebtedness to the trader under the agreement, and
the agreement has ceased to have any operation; and
requiring the trader to give the customer a notice, signed by or on behalf of the trader, confirming that those statements are correct,
Where the trader disputes the correctness of the notice he shall give particulars of the way in which he alleges it to be wrong.
Subsection (1) does not apply in relation to any agreement if the trader has previously complied with that subsection on the service of a notice under it with respect to that agreement.
Subsection (1) does not apply to a non-commercial agreement or to a regulated deferred payment credit agreement.
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A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.
Goods comprised in a hire-purchase agreement or goods comprised in a conditional sale agreement which have not become vested in the debtor shall not be treated in Scotland as subject to the landlord’s hypothec—
during the period between the service of a default notice in respect of the goods and the date on which the notice expires or is earlier complied with; or
if the agreement is enforceable on an order of the court only, during the period between the commencement and termination of an action by the creditor to enforce the agreement.
Any security provided in relation to a regulated agreement shall be expressed in writing.
Regulations may prescribe the form and content of documents ( “security instruments ”) to be made in compliance with subsection (1).
Regulations under subsection (2) may in particular—
require specified information to be included in the pre-scribed manner in documents, and other specified material to be excluded;
contain requirements to ensure that specified information is clearly brought to the attention of the surety, and that one part of a document is not given insufficient or excessive prominence compared with another.
A security instrument is not properly executed unless—
a document in the prescribed form, itself containing all the prescribed terms and conforming to regulations under subsection (2), is signed in the prescribed manner by or on behalf of the surety, and
the document embodies all the terms of the security, other than implied terms, and
the document, when presented or sent for the purpose of being signed by or on behalf of the surety, is in such state that its terms are readily legible, and
when the document is presented or sent for the purpose of being signed by or on behalf of the surety there is also presented or sent a copy of the document.
A security instrument is not properly executed unless—
where the security is provided after, or at the time when, the regulated agreement is made, a copy of the executed agreement, together with a copy of any other document referred to in it, is given to the surety at the time the security is provided, or
where the security is provided before the regulated agreement is made, a copy of the executed agreement, together with a copy of any other document referred to in it, is given to the surety within seven days after the regulated agreement is made.
Subsection (1) does not apply to a security provided by the debtor or hirer.
If— the security, so far as provided in relation to a regulated agreement, is enforceable against the surety on an order of the court only.
in contravention of subsection (1) a security is not expressed in writing, or
a security instrument is improperly executed,
If an application for an order under subsection (7) is dismissed (except on technical grounds only) section 106 (ineffective securities) shall apply to the security.
Regulations under section 60(1) shall include provision requiring documents embodying regulated agreements also to embody any security provided in relation to a regulated agreement by the debtor or hirer.
Where, under any provision of this Act, this section is applied to any security provided in relation to a regulated agreement, then, subject to section 177 (saving for registered charges)—
the security, so far as it is so provided, shall be treated as never having effect;
any property lodged with the creditor or owner solely for the purposes of the security as so provided shall be returned by him forthwith;
the creditor or owner shall take any necessary action to remove or cancel an entry in any register, so far as the entry relates to the security as so provided; and
any amount received by the creditor or owner on realisation of the security shall, so far as it is referable to the agreement, be repaid to the surety.
The creditor under a regulated agreement for fixed-sum credit in relation to which security is provided, within the prescribed period after receiving a request in writing to that effect from the surety and payment of a fee of £1, shall give to the surety (if a different person from the debtor)—
a copy of the executed agreement (if any) and of any other document referred to in it;
a copy of the security instrument (if any); and
a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
the total sum paid under the agreement by the debtor,
the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due, and
the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c)(iii), he shall be taken to comply with that sub-paragraph if his statement under subsection (1)(c) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the debtor, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
If the creditor under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the security, so far as provided in relation to the agreement; . . .
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This section does not apply to a non-commercial agreement.
The creditor under a regulated agreement for running-account credit in relation to which security is provided, within the prescribed period after receiving a request in writing to that effect from the surety and payment of a fee of £1, shall give to the surety (if a different person from the debtor)—
a copy of the executed agreement (if any) and of any other document referred to in it;
a copy of the security instrument (if any); and
a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
the state of the account, and
the amount, if any, currently payable under the agreement by the debtor to the creditor, and
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c)(iii), he shall be taken to comply with that sub-paragraph if his statement under subsection (1)(c) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the debtor, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
If the creditor under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the security, so far as provided in relation to the agreement; . . .
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This section does not apply to a non-commercial agreement.
The owner under a regulated consumer hire agreement in relation to which security is provided, within the prescribed period after receiving a request in writing to that effect from the surety and payment of a fee of £1, shall give to the surety (if a different person from the hirer)—
a copy of the executed agreement and of any other document referred to in it;
a copy of the security instrument (if any); and
a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.
Subsection (1) does not apply to—
an agreement under which no sum is, or will or may become, payable by the hirer, or
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
If the owner under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the security, so far as provided in relation to the agreement; . . .
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This section does not apply to a non-commercial agreement.
The creditor or owner under a regulated agreement, within the prescribed period after receiving a request in writing to that effect from the debtor or hirer and payment of a fee of £1, shall give the debtor or hirer a copy of any security instrument executed in relation to the agreement after the making of the agreement.
Subsection (1) does not apply to—
a non-commercial agreement, or
an agreement under which no sum is, or will or may become, payable by the debtor or hirer, or
a request made less than one month after a previous request under subsection (1) relating to the same agreement was complied with.
If the creditor or owner under an agreement fails to comply with subsection (1)—
he is not entitled, while the default continues, to enforce the security (so far as provided in relation to the agreement); . . .
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When a default notice or a notice under section 76(1) or 98(1) is served on a debtor or hirer, a copy of the notice shall be served by the creditor or owner on any surety (if a different person from the debtor or hirer).
If the creditor or owner fails to comply with subsection (1) in the case of any surety, the security is enforceable against the surety (in respect of the breach or other matter to which the notice relates) on an order of the court only.
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Where a security is provided in relation to an actual or prospective regulated agreement, the security shall not be enforced so as to benefit the creditor or owner, directly or indirectly, to an extent greater (whether as respects the amount of any payment or the time or manner of its being made) than would be the case if the security were not provided and any obligations of the debtor or hirer, or his relative, under or in relation to the agreement were carried out to the extent (if any) to which they would be enforced under this Act.
In accordance with subsection (1), where a regulated agreement is enforceable on an order of the court or the FCA only, any security provided in relation to the agreement is enforceable (so far as provided in relation to the agreement) where such an order has been made in relation to the agreement, but not otherwise.
Where— section 106 shall apply to any security provided in relation to the agreement.
a regulated agreement is cancelled under section 69(1) or becomes subject to section 69(2), or
a regulated agreement is terminated under section 91, or
in relation to any agreement an application for an order under section 65(1) or 124(1) or a notice under section 28A of the Financial Services and Markets Act 2000 is dismissed (except on technical grounds only), or
a declaration is made by the court under section 142(1) (refusal of enforcement order) as respects any regulated agreement,
Where subsection (3)(d) applies and the declaration relates to a part only of the regulated agreement, section 106 shall apply to the security only so far as it concerns that part.
In the case of a cancelled agreement, the duty imposed on the debtor or hirer by section 71 or 72 shall not be enforceable before the creditor or owner has discharged any duty imposed on him by section 106 (as applied by subsection (3)(a)).
If the security is provided in relation to a prospective agreement or transaction, the security shall be enforceable in relation to the agreement or transaction only after the time (if any) when the agreement is made; and until that time the person providing the security shall be entitled, by notice to the creditor or owner, to require that section 106 shall thereupon apply to the security.
Where an indemnity or guarantee is given in a case where the debtor or hirer is a minor, or an indemnity is given in a case where he is otherwise not of full capacity, the reference in subsection (1) to the extent to which his obligations would be enforced shall be read in relation to the indemnity or guarantee as a reference to the extent to which theythose obligations would be enforced if he were of full capacity.
Subsections (1) to (3) also apply where a security is provided in relation to an actual or prospective linked transaction, and in that case—
references to the agreement shall be read as references to the linked transaction, and
references to the creditor or owner shall be read as references to any person (other than the debtor or hirer, or his relative) who is a party, or prospective party, to the linked transaction.
At the time he receives the article, a person who takes any article in pawn under a regulated agreement shall give to the person from whom he receives it a receipt in the prescribed form (a “pawn-receipt ”).
A person who takes any article in pawn from an individual whom he knows to be, or who appears to be and is, a minor commits an offence.
This section and sections 117 to 122 do not apply to—
a pledge of documents of title or of bearer bonds, or
a non-commercial agreement.
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A pawn is redeemable at any time within six months after it was taken.
Subject to subsection (1), the period within which a pawn is redeemable shall be the same as the period fixed by the parties for the duration of the credit secured by the pledge, or such longer period as they may agree.
If the pawn is not redeemed by the end of the period laid down by subsections (1) and (2) (the “redemption period ”), it nevertheless remains redeemable until it is realised by the pawnee under section 121 except where under section 120(1)(a) the property in it passes to the pawnee.
No special charge shall be made for redemption of a pawn after the end of the redemption period, and charges in respect of the safe keeping of the pawn shall not be at a higher rate after the end of the redemption period than before.
On surrender of the pawn-receipt, and payment of the amount owing, at any time when the pawn is redeemable, the pawnee shall deliver the pawn to the bearer of the pawn-receipt.
Subsection (1) does not apply if the pawnee knows or has reasonable cause to suspect that the bearer of the pawn-receipt is neither the owner of the pawn nor authorised by the owner to redeem it.
The pawnee is not liable to any person in tort or delict for delivering the pawn where subsection (1) applies, or refusing to deliver it where the person demanding delivery does not comply with subsection (1) or, by reason of subsection (2), subsection (1) does not apply.
A person (the “claimant ”) who is not in possession of the pawn-receipt but claims to be the owner of the pawn, or to be otherwise entitled or authorised to redeem it, may do so at any time when it is redeemable by tendering to the pawnee in place of the pawn-receipt—
a statutory declaration made by the claimant in the pre-scribed form, and with the prescribed contents, or
where the pawn is security for fixed-sum credit not exceeding £75 or running-account credit on which the credit limit does not exceed £75, and the pawnee agrees, a statement in writing in the prescribed form, and with the prescribed contents, signed by the claimant.
On compliance by the claimant with subsection (1), section 117 shall apply as if the declaration or statement were the pawn-receipt, and the pawn-receipt itself shall become inoperative for the purposes of section 117.
If a person who has taken a pawn under a regulated agreement refuses without reasonable cause to allow the pawn to be redeemed, he commits an offence.
On the conviction in England or Wales of a pawnee under subsection (1) where the offence does not amount to theft, Chapter 3 of Part 7 of the Sentencing Code (restitution orders) shall apply as if the pawnee had been convicted of stealing the pawn.
On the conviction in Northern Ireland of a pawnee under subsection (1) where the offence does not amount to theft, section 27 (orders for restitution) of the Theft Act (Northern Ireland) 1969, and any provision of the Theft Act (Northern Ireland) 1969 relating to that section, shall apply as if the pawnee had been convicted of stealing the pawn.
If at the end of the redemption period the pawn has not been redeemed—
notwithstanding anything in section 113, the property in the pawn passes to the pawnee where
the redemption period is six months,
the pawn is security for fixed-sum credit not exceeding £75 or running-account credit on which the credit limit does not exceed £75, and
the pawn was not immediately before the making of the regulated consumer credit agreement a pawn under another regulated consumer credit agreement in respect of which the debtor has discharged his indebtedness in part under section 94(3); or
in any other case the pawn becomes realisable by the pawnee.
Where the debtor or hirer is entitled to apply to the court for a time order under section 129, subsection (1) shall apply with the substitution, for “at the end of the redemption period ” of “after the expiry of five days following the end of the redemption period ”.
When a pawn has become realisable by him, the pawnee may sell it, after giving to the pawnor (except in such cases as may be prescribed) not less than the prescribed period of notice of the intention to sell, indicating in the notice the asking price and such other particulars as may be prescribed.
Within the prescribed period after the sale takes place, the pawnee shall give the pawnor the prescribed information in writing as to the sale, its proceeds and expenses.
Where the net proceeds of sale are not less than the sum which, if the pawn had been redeemed on the date of the sale, would have been payable for its redemption, the debt secured by the pawn is discharged and any surplus shall be paid by the pawnee to the pawnor.
Where subsection (3) does not apply, the debt shall be treated as from the date of sale as equal to the amount by which the net proceeds of sale fall short of the sum which would have been payable for the redemption of the pawn on that date.
In this section the “net proceeds of sale ” is the amount realised (the “gross amount ”) less the expenses (if any) of the sale.
If the pawnor alleges that the gross amount is less than the true market value of the pawn on the date of sale, it is for the pawnee to prove that he and any agents employed by him in the sale used reasonable care to ensure that the true market value was obtained, and if he fails to do so subsections (3) and (4) shall have effect as if the reference in subsection (5) to the gross amount were a reference to the true market value.
If the pawnor alleges that the expenses of the sale were unreasonably high, it is for the pawnee to prove that they were reasonable, and if he fails to do so subsections (3) and (4) shall have effect as if the reference in subsection (5) to expenses were a reference to reasonable expenses.
As respects Scotland where— the court by which that person is so convicted may order delivery of the pawn to the owner or the person otherwise entitled thereto.
a pawn is either—
an article which has been stolen, or
an article which has been obtained by fraud, and a person is convicted of any offence in relation to the theft or, as the case may be, the fraud; or
a person is convicted of an offence under section 119(1),
A court making an order under subsection (1)(a) for delivery of a pawn may make the order subject to such conditions as to payment of the debt secured by the pawn as it thinks fit.
A creditor or owner shall not take a negotiable instrument, other than a bank note or cheque, in discharge of any sum payable—
by the debtor or hirer under a regulated agreement, or
by any person as surety in relation to the agreement.
The creditor or owner shall not negotiate a cheque taken by him in discharge of a sum payable as mentioned in subsection (1) except to a banker (within the meaning of the Bills of Exchange Act 1882).
The creditor or owner shall not take a negotiable instrument as security for the discharge of any sum payable as mentioned in subsection (1).
A person takes a negotiable instrument as security for the discharge of a sum if the sum is intended to be paid in some other way, and the negotiable instrument is to be presented for payment only if the sum is not paid in that way.
This section does not apply where the regulated agreement is a non-commercial agreement.
The Treasury may by order provide that this section shall not apply where the regulated agreement has a connection with a country outside the United Kingdom.
After any contravention of section 123 has occurred in relation to a sum payable as mentioned in section 123(1)(a), the agreement under which the sum is payable is enforceable against the debtor or hirer on an order of the court only.
After any contravention of section 123 has occurred in relation to a sum payable by any surety, the security is enforceable on an order of the court only.
Where an application for an order under subsection (2) is dismissed (except on technical grounds only) section 106 shall apply to the security.
A person who takes a negotiable instrument in contravention of section 123(1) or (3) is not a holder in due course, and is not entitled to enforce the instrument.
Where a person negotiates a cheque in contravention of section 123(2), his doing so constitutes a defect in his title within the meaning of the Bills of Exchange Act 1882.
If a person mentioned in section 123(1)(a) or (b) ( “the protected person ”) becomes liable to a holder in due course of an instrument taken from the protected person in contravention of section 123(1) or (3), or taken from the protected person and negotiated in contravention of section 123(2), the creditor or owner shall indemnify the protected person in respect of that liability.
Nothing in this Act affects the rights of the holder in due course of any negotiable instrument.
A land mortgage securing an agreement of one the following types is enforceable (so far as is provided in relation to the agreement) on an order of the court only—
a regulated agreement;
a regulated mortgage contract;
a consumer credit agreement which would, but for article 60D of the Regulated Activities Order (exempt agreements: exemption relating to the purchase of land for non-residential purposes), be a regulated agreement.
Subject to section 140A(5) (unfair relationships between creditors and debtors), a regulated mortgage contract which would, but for article 60C(2) of the Regulated Activities Order (exempt agreements: exemption relating to the nature of the agreement), be a regulated agreement is to be treated for the purposes of Part 9 (judicial control) as if it were a regulated agreement.
In this section, “regulated mortgage contract” has the meaning given by article 61(3) of the Regulated Activities Order (regulated mortgage contracts).
“occupier” and “owner” have the same meanings as in Chapter 1 of Part 1 of the Energy Act 2011;
section 55(2) (disclosure of information), or
section 61B(3) (duty to supply copy of overdraft agreement), or
the court shall dismiss the application if, but (subject to subsections (3) and (4)) only if, it considers it just to do so having regard to—
prejudice caused to any person by the contravention in question, and the degree of culpability for it; and
Section 167. 1 2 3 4 Section Offence Mode of prosecution Imprisonment or fine . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49(1) Canvassing debtor-creditor agreements off trade premises. (a) Summarily. £400. (b) On indictment. 1 year or a fine or both. 49(2) Soliciting debtor-creditor agreements during visits made in response to previous oral requests. (a) Summarily. £400. (b) On indictment. 1 year or a fine or both. 50(1) Sending circulars to minors. (a) Summarily. £400. (b) On indictment. 1 year or a fine or both. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80(2) Failure to tell creditor or owner whereabouts of goods. Summarily. level 3 on the standard scale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114(2) Taking pledges from minors. (a) Summarily. £400. (b) On indictment. 1 year or a fine or both. . . . . . . . . . . . . 119(1) Unreasonable refusal to allow pawn to be redeemed. Summarily. level 4 on the standard scale. 154 Canvassing ancillary credit services off trade premises. (a) Summarily. £200. (b) On indictment. 1 year or a fine or both. 157(3) Refusal to give name etc. of credit reference agency. Summarily. level 4 on the standard scale. 158(4) Failure of credit reference agency to disclose filed information. Summarily. level 4 on the standard scale. 159(6) Failure of credit reference agency to correct information. Summarily. level 4 on the standard scale. 160(6) Failure of credit reference agency to comply with section 160(3) or (4). Summarily. level 4 on the standard scale. . . . . . . . . . . . . . . . I... . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the powers conferred on the court by subsection (2) and sections 135 and 136.
Section 188(1).
Term Defined in section Illustrated by example(s) Advertisement 189(1) 2 . . . . . . . . . Antecedent negotiations 56 1, 2, 3, 4 Cancellable agreement 67 4 Consumer credit agreement 8 5, 6, 7, 15, 19, 21 Consumer hire agreement 15 20, 24 Credit 9 16, 19, 21 Credit-broker 189(1) 2 Credit limit 10(2) 6, 7, 19, 22, 23 Creditor 189(1) 1, 2, 3, 4 Credit-sale agreement 189(1) 5 Credit-token 14 3, 14, 16 Credit-token agreement 14 3, 14, 16, 22 Debtor-creditor agreement 13 8, 16, 17, 18 Debtor-creditor-supplier agreement 12 8, 16 Fixed-sum credit 10 9, 10, 17, 23 Hire-purchase agreement 189(1) 10 Individual 189(1) 19, 24 Linked transaction 19 11 Modifying agreement 82(2) 24 Multiple agreement 18 16, 18 Negotiator 56(1) 1, 2, 3, 4 . . . . . . . . . Pre-existing arrangements 187 8, 21 Restricted-use credit 11 10, 12, 13, 14, 16 Running-account credit 10 15, 16, 18, 23 Small agreement 17 16, 17, 22 Supplier 189(1) 3, 14 Total charge for credit 20 5, 10 Total price 189(1) 10 Unrestricted-use credit 11 8, 12, 16, 17, 18.
EXAMPLES Example 1 Facts.Correspondence passes between an employee of a moneylending company (writing on behalf of the company) and an individual about the terms on which the company would grant him a loan under a regulated agreement. Analysis.The correspondence constitutes antecedent negotiations falling within section 56(1)(a), the moneylending company being both creditor and negotiator. Example 2 Facts.Representations are made about goods in a poster displayed by a shopkeeper near the goods, the goods being selected by a customer who has read the poster and then sold by the shopkeeper to a finance company introduced by him (with whom he has a business relationship). The goods are disposed of by the finance company to the customer under a regulated hire-purchase agreement. Analysis.The representations in the poster constitute antecedent negotiations falling within section 56(1)(b), the shopkeeper being the credit-broker and negotiator and the finance company being the creditor. The poster is an advertisement and the shopkeeper is the advertiser. Example 3 Facts.Discussions take place between a shopkeeper and a customer about goods the customer wishes to buy using a credit-card issued by the D Bank under a regulated agreement. Analysis.The discussions constitute antecedent negotiations falling within section 56(1)(c), the shopkeeper being the supplier and negotiator and the D Bank the creditor. The credit-card is a credit-token as defined in section 14(1), and the regulated agreement under which it was issued is a credit-token agreement as defined in section 14(2). Example 4 Facts.Discussions take place and correspondence passes between a secondhand car dealer and a customer about a car, which is then sold by the dealer to the customer under a regulated conditional sale agreement. Subsequently, on a revocation of that agreement by consent, the car is resold by the dealer to a finance company introduced by him (with whom he has a business relationship), who in turn dispose of it to the same customer under a regulated hire-purchase agreement. Analysis.The discussions and correspondence constitute antecedent negotiations in relation both to the conditional sale agreement and the hire-purchase agreement. They fall under section 56(1)(a) in relation to the conditional sale agreement, the dealer being the creditor and the negotiator. In relation to the hire-purchase agreement they fall within section 56(1)(b), the dealer continuing to be treated as the negotiator but the finance company now being the creditor. Both agreements are cancellable if the discussions took place when the individual conducting the negotiations (whether the “negotiator ” or his employee or agent) was in the presence of the debtor, unless the unexecuted agreement was signed by the debtor at trade premises (as defined in section 67(b)). If the discussions all took place by telephone however, or the unexecuted agreement was signed by the debtor on trade premises (as so defined) the agreements are not cancellable. Example 5 Facts.E agrees to sell to F (an individual) an item of furniture in return for 24 monthly instalments of £10 payable in arrear. The property in the goods passes to F immediately. Analysis.This is a credit-sale agreement (see definition of “credit-sale agreement ” in section 189(1)). The credit provided amounts to £240 less the amount which constitutes the total charge for credit (within the meaning given by section 20). (This amount is required to be deducted by section 9(4)). Accordingly the agreement falls within section 8(2) and is a consumer credit agreement. Example 6 Facts.The G Bank grants H (an individual) an unlimited overdraft, with an increased rate of interest on so much of any debit balance as exceeds £2,000. Analysis.Although the overdraft purports to be unlimited, the stipulation for increased interest above £2,000 brings the agreement within section 10(3)(b)(ii) and it is a consumer credit agreement. Example 7 Facts.J is an individual who owns a small shop which usually carries a stock worth about £1,000. K makes a stocking agreement under which he undertakes to provide on short-term credit the stock needed from time to time by J without any specified limit. Analysis.Although the agreement appears to provide unlimited credit, it is probable, having regard to the stock usually carried by J, that his indebtedness to K will not at any time rise above £5,000. Accordingly the agreement falls within section 10(3)(b)(iii) and is a consumer credit agreement. Example 8 Facts.U, a moneylender, lends £500 to V (an individual) knowing he intends to use it to buy office equipment from W. W introduced V to U, it being his practice to introduce customers needing finance to him. Sometimes U gives W a commission for this and sometimes not. U pays the £500 direct to V. Analysis.Although this appears to fall under section 11(1)(b), it is excluded by section 11(3) and is therefore (by section 11(2)) an unrestricted-use credit agreement. Whether it is a debtor-creditor agreement (by section 13(c)) or a debtor-creditor-supplier agreement (by section 12(c)) depends on whether the previous dealings between U and W amount to “pre-existing arrangements ”, that is whether the agreement can be taken to have been entered into “in accordance with, or in furtherance of ” arrangements previously made between U and W, as laid down in section 187(1). Example 9 Facts.A agrees to lend B (an individual) £4,500 in nine monthly instalments of £500. Analysis.This is a cash loan and is a form of credit (see section 9 and definition of “cash ” in section 189(1)). Accordingly it falls within section 10(1)(b) and is fixed-sum credit amounting to £4,500. Example 10 Facts.C (in England) agrees to bail goods to D (an individual) in return for periodical payments. The agreement provides for the property in the goods to pass to D on payment of a total of £7,500 and the exercise by D of an option to purchase. The sum of £7,500 includes a down-payment of £1,000. It also includes an amount which, according to regulations made under section 20(1), constitutes a total charge for credit of £1,500. Analysis.This is a hire-purchase agreement with a deposit of £1,000 and a total price of £7,500 (see definitions of “hire-purchase agreement ”, “deposit ” and “total price ” in section 189(1)). By section 9(3), it is taken to provide credit amounting to £7,500—(£1,500 + £1,000), which equals £5,000. Under section 8(2), the agreement is therefore a consumer credit agreement, and under sections 9(3) and 11(1) it is a restricted-use credit agreement for fixed-sum credit. A similar result would follow if the agreement by C had been a hiring agreement in Scotland. Example 11 Facts.X (an individual) borrows £500 from Y (Finance). As a condition of the granting of the loan X is required— (a) to execute a second mortgage on his house in favour of Y (Finance), and (b) to take out a policy of insurance on his life with Y (Insurances). In accordance with the loan agreement, the policy is charged to Y (Finance) as collateral security for the loan. The two companies are associates within the meaning of section 184(3). Analysis.The second mortgage is a transaction for the provision of security and accordingly does not fall within section 19(1), but the taking out of the insurance policy is a linked transaction falling within section 19(1)(a). The charging of the policy is a separate transaction (made between different parties) for the provision of security and again is excluded from section 19(1). The only linked transaction is therefore the taking out of the insurance policy. If X had not been required by the loan agreement to take out the policy, but it had been done at the suggestion of Y (Finance) to induce them to enter into the loan agreement, it would have been a linked transaction under section 19(1)(c)(i) by virtue of section 19(2)(a). Example 12 Facts.The N Bank agrees to lend O (an individual) £2,000 to buy a car from P. To make sure the loan is used as intended, the N Bank stipulates that the money must be paid by it direct to P. Analysis.The agreement is a consumer credit agreement by virtue of section 8(2). Since it falls within section 11(1)(b), it is a restricted-use credit agreement, P being the supplier. If the N Bank had not stipulated for direct payment to the supplier, section 11(3) would have operated and made the agreement into one for unrestricted-use credit. Example 13 Facts.Q, a debt-adjuster, agrees to pay off debts owed by R (an individual) to various moneylenders. For this purpose the agreement provides for the making of a loan by Q to R in return for R’s agreeing to repay the loan by instalments with interest. The loan money is not paid over to R but retained by Q and used to pay off the moneylenders. Analysis.This is an agreement to refinance existing indebtedness of the debtor’s, and if the loan by Q does not exceed £5,000 is a restricted-use credit agreement falling within section 11(1)(c). Example 14 Facts.On payment of £1, S issues to T (an individual) a trading check under which T can spend up to £20 at any shop which has agreed, or in future agrees, to accept S’s trading checks. AnalysisThe trading check is a credit-token falling within section 14(1)(b). The credit-token agreement is a restricted-use credit agreement within section 11(1)(b), any shop in which the credit-token is used being the “supplier ”. The fact that further shops may be added after the issue of the credit-token is irrelevant in view of section 11(4). Example 15 Facts.A retailer L agrees with M (an individual) to open an account in M’s name and, in return for M’s promise to pay a specified minimum sum into the account each month and to pay a monthly charge for credit, agrees to allow to be debited to the account, in respect of purchases made by M from L, such sums as will not increase the debit balance at any time beyond the credit limit, defined in the agreement as a given multiple of the specified minimum sum. Analysis.This agreement provides credit falling within the definition of running-account credit in section 10(1)(a). Provided the credit limit is not over £5,000, the agreement falls within section 8(2) and is a consumer credit agreement for running-account credit. Example 16 Facts.Under an unsecured agreement, A (Credit), an associate of the A Bank, issues to B (an individual) a credit-card for use in obtaining cash on credit from A (Credit), to be paid by branches of the A Bank (acting as agent of A (Credit)), or goods or cash from suppliers or banks who have agreed to honour credit-cards issued by A (Credit). The credit limit is £30. Analysis.This is a credit-token agreement falling within section 14(1)(a) and (b). It is a regulated consumer credit agreement for running-account credit. Since the credit limit does not exceed £30, the agreement is a small agreement. So far as the agreement relates to goods it is a debtor-creditor-supplier agreement within section 12(b), since it provides restricted-use credit under section 11(1)(b). So far as it relates to cash it is a debtor-creditor agreement within section 13(c) and the credit it provides is unrestricted-use credit. This is therefore a multiple agreement. In that the whole agreement falls within several of the categories of agreement mentioned in this Act, it is, by section 18(3), to be treated as an agreement in each of those categories. So far as it is a debtor-creditor-supplier agreement providing restricted-use credit it is, by section 18(2), to be treated as a separate agreement; and similarly so far as it is a debtor-creditor agreement providing unrestricted-use credit. (See also Example 22.) Example 17 Facts.The manager of the C Bank agrees orally with D (an individual) to open a current account in D’s name. Nothing is said about overdraft facilities. After maintaining the account in credit for some weeks, D draws a cheque in favour of E for an amount exceeding D’s credit balance by £20. E presents the cheque and the Bank pay it. Analysis.In drawing the cheque D, by implication, requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accept the offer. This constitutes a regulated small consumer credit agreement for unrestricted-use, fixed-sum credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) . . . . (Compare Example 18.) Example 18 Facts.F (an individual) has had a current account with the G Bank for many years. Although usually in credit, the account has been allowed by the Bank to become overdrawn from time to time. The maximum such overdraft has been is about £1,000. No explicit agreement has ever been made about overdraft facilities. Now, with a credit balance of £500, F draws a cheque for £1,300. Analysis.It might well be held that the agreement with F (express or implied) under which the Bank operate his account includes an implied term giving him the right to overdraft facilities up to say £1,000. If so, the agreement is a regulated consumer credit agreement for unrestricted-use, running-account credit. It is a debtor-creditor agreement, and falls within section 74(1)(b). . . . It is also a multiple agreement, part of which (i.e. the part not dealing with the overdraft), as referred to in section 18(1)(a), falls within a category of agreement not mentioned in this Act. (Compare Example 17.) Example 19 Facts.H (a finance house) agrees with J (a partnership of individuals) to open an unsecured loan account in J’s name on which the debit balance is not to exceed £7,000 (having regard to payments into the account made from time to time by J). Interest is to be payable in advance on this sum, with provision for yearly adjustments. H is entitled to debit the account with interest, a “setting-up ” charge, and other charges. Before J has an opportunity to draw on the account it is initially debited with £2,250 for advance interest and other charges. Analysis.This is a personal running-account credit agreement (see sections 8(1) and 10(1)(a), and definition of “individual ” in section 189(1)). By section 10(2) the credit limit is £7,000. By section 9(4) however the initial debit of £2,250, and any other charges later debited to the account by H, are not to be treated as credit even though time is allowed for their payment. Effect is given to this by section 10(3). Although the credit limit of £7,000 exceeds the amount (£5,000) specified in section 8(2) as the maximum for a consumer credit agreement, so that the agreement is not within section 10(3)(a), it is caught by section 10(3)(b)(i). At the beginning J can effectively draw (as credit) no more than £4,750, so the agreement is a consumer credit agreement. Example 20 Facts.K (in England) agrees with L (an individual) to bail goods to L for a period of three years certain at £2,000 a year, payable quarterly. The agreement contains no provision for the passing of the property in the goods to L. Analysis.This is not a hire-purchase agreement (see paragraph (b) of the definition of that term in section 189(1)), and is capable of subsisting for more than three months. Paragraphs (a) and (b) of section 15(1) are therefore satisfied, but paragraph (c) is not. The payments by L must exceed £5,000 if he conforms to the agreement. It is true that under section 101 L has a right to terminate the agreement on giving K three months’ notice expiring not earlier than eighteen months after the making of the agreement, but that section applies only where the agreement is a regulated consumer hire agreement apart from the section (see subsection (1)). So the agreement is not a consumer hire agreement, though it would be if the hire charge were say £1,500 a year, or there were a “break ” clause in it operable by either party before the hire charges exceeded £5,000. A similar result would follow if the agreement by K had been a hiring agreement in Scotland. Example 21 Facts.The P Bank decides to issue cheque cards to its customers under a scheme whereby the bank undertakes to honour cheques of up to £30 in every case where the payee has taken the cheque in reliance on the cheque card, whether the customer has funds in his account or not. The P Bank writes to the major retailers advising them of this scheme and also publicises it by advertising. The Bank issues a cheque card to Q (an individual), who uses it to pay by cheque for goods costing £20 bought by Q from R, a major retailer. At the time, Q has £500 in his account at the P Bank. Analysis.The agreement under which the cheque card is issued to Q is a consumer credit agreement even though at all relevant times Q has more than £30 in his account. This is because Q is free to draw out his whole balance and then use the cheque card, in which case the Bank has bound itself to honour the cheque. In other words the cheque card agreement provides Q with credit, whether he avails himself of it or not. Since the amount of the credit is not subject to any express limit, the cheque card can be used any number of times. It may be presumed however that section 10(3)(b)(iii) will apply. The agreement is an unrestricted-use debtor-creditor agreement (by section 13(c)). Although the P Bank wrote to R informing R of the P Bank’s willingness to honour any cheque taken by R in reliance on a cheque card, this does not constitute pre-existing arrangements as mentioned in section 13(c) because section 187(3) operates to prevent it. The agreement is not a credit-token agreement within section 14(1)(b) because payment by the P Bank to R, would be a payment of the cheque and not a payment for the goods. Example 22 Facts.The facts are as in Example 16. On one occasion B uses the credit-card in a way which increases his debit balance with A (Credit) to £40. A (Credit) writes to B agreeing to allow the excess on that occasion only, but stating that it must be paid off within one month. Analysis.In exceeding his credit limit B, by implication, requests A (Credit) to allow him a temporary excess (compare Example 17). A (Credit) is thus faced by B’s action with the choice of treating it as a breach of contract or granting his implied request. He does the latter. If he had done the former, B would be treated as taking credit to which he was not entitled (see section 14(3)) and, subject to the terms of his contract with A (Credit), would be liable to damages for breach of contract. As it is, the agreement to allow the excess varies the original credit-token agreement by adding a new term. Under section 10(2), the new term is to be disregarded in arriving at the credit limit, so that the credit-token agreement at no time ceases to be a small agreement. By section 82(2) the later agreement is deemed to revoke the original agreement and contain provisions reproducing the combined effect of the two agreements. By section 82(4), this later agreement is exempted from Part V (except section 56). Example 23 Facts.Under an oral agreement made on 10th January, X (an individual) has an overdraft on his current account at the Y bank with a credit limit of £100. On 15th February, when his overdraft stands at £90, X draws a cheque for £25. It is the first time that X has exceeded his credit limit, and on 16th February the bank honours the cheque. Analysis.The agreement of 10th January is a consumer credit agreement for running-account credit. The agreement of 15th-16th February varies the earlier agreement by adding a term allowing the credit limit to be exceeded merely temporarily. By section 82(2) the later agreement is deemed to revoke the earlier agreement and reproduce the combined effect of the two agreements. By section 82(4), Part V of this Act (except section 56) does not apply to the later agreement. By section 18(5), a term allowing a merely temporary excess over the credit limit is not to be treated as a separate agreement, or as providing fixed-sum credit. The whole of the £115 owed to the bank by X on 16th February is therefore running-account credit. Example 24 Facts.On 1st March 1975 Z (in England) enters into an agreement with A (an unincorporated body of persons) to bail to A equipment consisting of two components (component P and component Q). The agreement is not a hire-purchase agreement and is for a fixed term of 3 years, so paragraphs (a) and (b) of section 15(1) are both satisfied. The rental is payable monthly at a rate of £2,400 a year, but the agreement provides that this is to be reduced to £1,200 a year for the remainder of the agreement if at any time during its currency A returns component Q to the owner Z. On 5th May 1976 A is incorporated as A Ltd., taking over A’s assets and liabilities. On 1st March 1977, A Ltd. returns component Q. On 1st January 1978, Z and A Ltd. agree to extend the earlier agreement by one year, increasing the rental for the final year by £250 to £1,450. Analysis.When entered into on 1st March 1975, the agreement is a consumer hire agreement. A falls within the definition of “individual ” in section 189(1) and if A returns component Q before 1st May 1976 the total rental will not exceed £5,000 (see section 15(1)(c)). When this date is passed without component Q having been returned it is obvious that the total rental must now exceed £5,000. Does this mean that the agreement then ceases to be a consumer hire agreement? The answer is no, because there has been no change in the terms of the agreement, and without such a change the agreement cannot move from one category to the other. Similarly, the fact that A’s rights and duties under the agreement pass to a body corporate on 5th May 1976 does not cause the agreement to cease to be a consumer hire agreement (see the definition of “hirer ” in section 189(1)). The effect of the modifying agreement of 1st January 1978 is governed by section 82(2), which requires it to be treated as containing provisions reproducing the combined effect of the two actual agreements, that is to say as providing that— (a) obligations outstanding on 1st January 1978 are to be treated as outstanding under the modifying agreement; (b) the modifying agreement applies at the old rate of hire for the months of January and February 1978, and (c) for the year beginning 1st March 1978 A Ltd. will be the bailee of component P at a rental of £1,450. The total rental under the modifying agreement is £1,850. Accordingly the modifying agreement is a regulated agreement. Even if the total rental under the modifying agreement exceeded £5,000 it would still be regulated because of the provisions of section 82(3).
...
“prescribed” means prescribed by regulations made by the Secretary of State;
Facts. C (in England) agrees to bail goods to D (an individual) in return for periodical payments. The agreement provides for the property in the goods to pass to D on payment of a total of £7,500 and the exercise by D of an option to purchase. The sum of £7,500 includes a down-payment of £1,000. It also includes an amount which, according to regulations made under section 20(1), constitutes a total charge for credit of £1,500. Analysis. This is a hire-purchase agreement with a deposit of £1,000 and a total price of £7,500 (see definitions of " hire-purchase agreement", " deposit" and " total price " in section 189(1)). By section 9(3), it is taken to provide credit amounting to £7,500— (£1,500 + £1,000), which equals £5,000. Under section 8(2), the agreement is therefore a consumer credit agreement, and under sections 9(3) and 11(1) it is a restricted-use credit agreement for fixed-sum credit. A similar result would follow if the agreement by C had been a hiring agreement in Scotland.
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Facts. The manager of the C Bank agrees orally with D (an individual) to open a current account in D's name. Nothing is said about overdraft facilities. After maintaining the account in credit for some weeks, D draws a cheque in favour of E for an amount exceeding D's credit balance by £20. E presents the cheque and the Bank pay it. Analysis. In drawing the cheque D, by implication, requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accept the offer. This constitutes a regulated small consumer credit agreement for unrestricted-use, fixed-sum credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a determination under section 74(3). (Compare Example 18.)
Section 192(1). Note.Except as otherwise mentioned in this Schedule, the provisions of this Act come into operation on its passing, that is on 31st July 1974.
An agreement made before 1st April 1977is not a regulated agreement within the meaning of this Act. In this Act “prospective regulated agreement ” does not include a prospective agreement which, if made as expected, would be made before 1st April 1977.
A transaction may be a linked transaction in relation to a regulated agreement or prospective regulated agreement even though the transaction was entered into before the day appointed for the purposes of paragraph 1.
Section 19(3) applies only to transactions entered into on or after 19th May 1985.
Section 20 applies to consumer credit agreements whenever made.
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Part IV does not apply to any advertisement published before 6th October 1980.
Section 49 comes into operation on 1st October 1977.
Section 50 comes into operation on 1st July 1977.
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Section 56 applies to negotiations in relation to an actual or prospective regulated agreement where the negotiations begin after 16th May 1977. In section 56(3), “agreement ”, where it first occurs, means an agreement whenever made.
Sections 57 to 59, 61 to 65 and 67 to 73 come into operation on 19th May 1985.
Section 66 comes into operation on 19th May 1985.
Section 75 comes into operation on 1st July 1977 but only in relation to regulated agreements made on or after that day.
Section 76 comes into operation on 19th May 1985. Section 76 applies to an agreement made before 19th May 1985where the agreement would have been a regulated agreement if made on that day.
Sections 77 to 80 come into operation on 19th May 1985. Sections 77 to 79 apply to an agreement made before 19th May 1985where the agreement would have been a regulated agreement if made on that day.
Section 81 comes into operation on 19th May 1985.
Section 82 comes into operation on 1st April 1977.
Sections 83 and 84 come into operation on 19th May 1985. Subject to sub-paragraph (4), section 83 applies to an agreement made before 19th May 1985 where the agreement would have been a regulated consumer credit agreement if made on that day. Subject to sub-paragraph (4), section 84 applies to an agreement made before 19th May 1985 where the agreement would have been a credit-token agreement if made on that day. Sections 83 and 84 do not apply to losses arising before 19th May 1985. Section 84(4) shall be taken to be satisfied in relation to an agreement made before 19th May 1985 if, within 28 days after that day, the creditor gives notice to the debtor of the name, address and telephone number of a person stated in that notice to be the person to whom notice is to be given under section 84(3).
Section 85 comes into operation on 19th May 1985. Section 85 applies to an agreement made before 19th May 1985 where the agreement would have been a regulated agreement if made on that day.
Section 86 comes into operation on 19th May 1985. Section 86 applies to an agreement made before 19th May 1985 where the agreement would have been a regulated agreement if made on that day.
Sections 87 to 89 come into operation on 19th May 1985.
Sections 90 and 91 come into operation on 19th May 1985.
Section 92 comes into operation on 19th May 1985.
Section 93 comes into operation on 19th May 1985.
Sections 94 to 97 come into operation on 19th May 1985.
Section 98 comes into operation on 19th May 1985.
Section 99 comes into operation on 19th May 1985.
Section 100 comes into operation on 19th May 1985.
Section 101 comes into operation on 19th May 1985.
Section 102 comes into operation on 19th May 1985.
Section 103 comes into operation on 19th May 1985.
Section 104 comes into operation on 19th May 1985.
Part VII (except sections 90, 91, 93 and 99 to 102 and 104) applies to an agreement made before 19th May 1985 where the agreement would have been a regulated agreement if made on that day.
Section 105 comes into operation on 19th May 1985.
Sections 107 to 110 come into operation on 19th May 1985. Sections 107 to 110 apply to an agreement made before 19th May 1985 where the agreement would have been a regulated agreement if made on that day.
Section 111 comes into operation on 19th May 1985. Section 111 applies to an agreement made before 19th May 1985 where the agreement would have been a regulated agreement if made on that day.
Sections 114 to 122 come into operation on 19th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement.
Sections 123 to 125 come into operation on 19th May 1985.
Section 126 comes into operation on 19th May 1985.
Sections 137 to 140 (extortionate credit bargains) come into operation on 16th May 1977, and apply to agreements and transactions whenever made.
Subject to paragraph 42, Part IX comes into operation on 19th May 1985.
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Subsections (1) and (2) of section 151 do not apply to any advertisement published before 6th October 1980
Sections 157 and 158 do not apply to a request received before 16th May 1977.
In the case of an agreement— section 185(2) shall have effect as respects a notice given before that day in relation to the agreement (whether given before or after the passing of this Act) as it would have effect if section 78(4) had been in operation when the notice was given. Paragraph (1) applies to an agreement made on or after 19th May 1985 to provide credit on a current account opened before that day as it applies to an agreement made before that day.
In section 189, the definition of “local authority ” shall have effect in relation to matters arising before 16th May 1975 as if for the words “regional, islands or district council ” there were substituted “a county council or town council ”.
Section 192.
The following section shall be inserted after section 7—
For the purposes of this section—
In section 14 (as substituted by section 3 of the Supply of Goods (Implied Terms) Act 1973) for subsection (3) substitute—
For the purposes of this section—
The following section shall be inserted after section 4—
The following section shall be inserted after section 38—
In section 13 after " hire-purchase agreement" insert " or a conditional sale agreement ".
In section 17(1)— After the definition of " aircraft " insert—, and for the definition of " hire-purchase agreement" substitute—
In section 1(3), for paragraphs (a) and (b) substitute—
For section 1(4) substitute—
For section 10(7) substitute—
In section 4 for subsections (4), (5) and (6), substitute—
For section 10 substitute—.
In section 64(1)— after the definition of " compulsory national service" insert—. After the definition of " short period of training " insert—.
either—
In section 34(1)—
after the definition of " chimney " insert—, and
for the definition of " hire-purchase agreement" substitute—.
For section 26(3) substitute—
For section 94 substitute—
At the end of section 192(2)(c) insert—
In section 2, for subsection (6) substitute—
In section 5— After the definition of " component part" insert— for the definition of " credit-sale agreement" substitute— for the definition of " hire-purchase agreement" substitute—
For Part III substitute the following (which reproduces the existing provisions of that Part subject only to changes in terminology)—.
In section 1— In subsection (1) for " or credit-sale agreements, or under agreements for letting on hire" substitute " conditional sale agreements, credit-sale agreements or hire agreements ". For subsection (2) substitute—
In section 2, for subsection (1) substitute—
In section 3, for subsection (4) substitute—
In section 10(1)— after the definition of " cash value " insert—, and after the definition of " goods " insert—. For the definition of " trading stamp " substitute—.
In section 140(2), for the words from " as defined" onwards substitute " within the meaning of the Consumer Credit Act 1974 ".
In section 28, insert the following new subsection after subsection (5)—
In section 495, for subsection (7) substitute—
After section 38 insert the following new section—
In section 54(6)(c) after " 36 " insert " 38A ".
In section 38(1)— before the definition of " gas " insert— for the definition of " hackney carriage " substitute— after the definition of " hackney carriage " insert—.
In section 6(2)— After the definition of "" capital expenditure", or expenditure of a " capital nature " " insert—and For the definition of "hire-purchase agreement" substitute—.
In section 21(5)—
for " total purchase price or hire-purchase price " substitute " total price "; and
for the words from " This subsection " onwards substitute— " In this subsection—
For sections 8 to 12 substitute the following sections (which reproduce the existing provisions of those sections subject only to changes in terminology)—
For sections 14 and 15 substitute the following sections (which reproduce the existing provisions of those sections subject only to changes in terminology)—
For section 138(5) substitute—
The following section shall be inserted after section 313—;
The following section shall be inserted after section 7:—.
In section 1(3), for paragraph (a) and (b) substitute—
either—
In section 43(1)—
after the definition of " chimney " insert—, and
for the definition of " hire-purchase agreement " substitute—.
In section 2, for subsection (1) substitute—.
In section 3, for subsection (4) substitute—.
In section 9— after the definition of " cash value " insert—, and after the definition of " goods " insert— For the definition of " trading stamp " substitute—.
In section 2, for subsections (5) and (6) substitute—
In section 5— after the definition of " component part" insert— for the definition of " credit-sale agreement" substitute— for the definition of hire-purchase agreement substitute—.
In section 14(1)— after the definition of " computer " insert—and for the definition of " hire-purchase agreement" substitute—.
For Part VI substitute the following (which reproduces the existing provisions of that Part subject only to changes in terminology)—.
In section 35(1)—
before the definition of " gas " insert—.
for the definition of " hackney carriage " substitute—.
After the definition of " hackney carriage " insert—.
In section 1(2) for "VII" where first occurring substitute " V " and for " to VII" where secondly occurring substitute " and V ".
Section 192 (3)(b).
Chapter Short Title Extent of Repeal 1835 (5 & 6 Will. 4.) c. 62. Statutory Declarations Act 1835. Section 12. 1839 (2 & 3 Vict.) c. 47. Metropolitan Police Act 1839. Section 50. 1839 (2 & 3 Vict.) c. 71. Police Courts (Metropolis) Act 1839. In section 27 the words " pawned, pledged " and the words " or of any person who shall have advanced money upon the credit of such-goods ". In section 28 the words " pawned, pledged or " (in each place). 1872 (35 & 36 Vict.) c. 93. Pawnbrokers Act 1872. The whole Act. 1875 (38 & 39 Vict.) c. 25. Public Stores Act 1875. In section 9 the words " or a pawnbroker" and " or to pawnbrokers ". 1891 (54 & 55 Vict.) c. 50. Commissioners for Oaths Act 1891. In section 1, the words " or the Pawnbrokers Act 1872". 1892 (55 & 56 Vict.) c. 4. Betting and Loans (Infants) Act 1892. Sections 2 to 4. Section 6, except as far as it extends to Northern Ireland. In section 7, the definitions of " indictment" and " summary conviction ". 1892 (55 & 56 Vict.) c. 55. Burgh Police (Scotland) Act 1892. In section 453, the words " and all offences committed against the provisions of the Pawnbrokers Act 1872,". 1894 (56 & 57 Vict.) c. 71. Sale of Goods Act 1893. Section 14(6). 1894 (56 & 57 Vict.) c. 73. Local Government Act 1894. Section 27(1)(b). 1897 (60 & 61 Vict.) c. 30. Police (Property) Act 1897. In section 1(1), the words " or section thirty-four of the Pawnbrokers Act 1872 ". 1900 (63 & 64 Vict.) c. 51. Moneylenders Act 1900. The whole Act. 1908 (8 Edw. 7.) c. 53. Law of Distress Amendment Act 1908. In section 4(1) the words " bill of sale, hire purchase agreement or ". 1927 (17 & 18 Geo. 5.) c. 21. Moneylenders Act 1927. The whole Act. 1933 (23 & 24 Geo. 5.) c. 12. Children and Young Persons Act 1933. Section 8. 1937 (1 Edw. 8 & 1 Geo. 6.) c. 37. Children and Young Persons (Scotland) Act 1937. Section 19. 1939 (2 & 3 Geo. 6.) c. 75. Compensation (Defence) Act 1939. In section 18(1) the words from " the expression ' hire purchase agreement'" to " omitted ". 1939 (2 & 3 Geo. 6.) c. 102. Liability for War Damage (Miscellaneous Provisions) Act 1939. Sections 4 and 6(b). 1940 (3 & 4 Geo. 6.) c. 42. Law Reform (Miscellaneous Provisions) (Scotland) Act 1940. In section 4(2), paragraphs (b) and (c). 1945 (8 & 9 Geo. 6.) c. 16. Limitation (Enemies and War Prisoners) Act 1945. In section 2, the words " subsection (1) of section thirteen of the Moneylenders Act 1927 ". In section 4, the words " subsection (1) of section thirteen of the Moneylenders Act 1927". 1948 (11 & 12 Geo. 6.) c. 38. Companies Act 1948. Section 201(2)(c). 1949 (12 & 13 Geo. 6.) c. 47. Finance Act 1949. In section 15, subsections (1) to (3) and (6) to (8A). 1952 (15 & 16 Geo. 6 & 1 Eliz. 2.) c. 44. Customs and Excise Act 1952. In section 313(1) the words " or section fifteen of the Finance Act 1949 ". 1956 (4 & 5 Eliz. 2.) c. 68. Restrictive Trade Practices Act 1956. Section 26(4) from "and for the reference to a hire-purchase agreement' 'onwards. Section 26(5). 1960 (8 & 9 Eliz. 2.) c. 24. Pawnbrokers Act 1960. The whole Act. 1961 (9 & 10 Eliz. 2.) c. 36. Finance Act 1961. Section 11(1) from " or section 15 of the Finance Act 1949 " onwards. 1964 c. 42. Administration of Justice Act 1964. Section 9(3)(b). 1964 c. 53. Hire-Purchase Act 1964. The whole Act, except Part III and section 37. 1964 c. 60. Emergency Laws (Re-enactment and Repeals) Act 1964. Section 1(4). 1964 c. 71. Trading Stamps Act 1964. In section 10(1) the definition of " purchase ". 1965 c. 66. Hire-Purchase Act 1965. The whole Act. 1965 c. 67. Hire-Purchase (Scotland) Act 1965. The whole Act. 1966 c. 42. Local Government Act 1966. In Schedule 3, Part II, the entries relating to section 37 of the Pawnbrokers Act 1872. and section 1(1) of the Moneylenders Act 1927. 1966 c. 51. Local Government (Scotland) Act 1966. In Schedule 4, Part II, the entries relating to section 37 of the Pawnbrokers Act 1872 and section 1(1) of the Moneylenders Act 1927. 1967 c. 42. Advertisements (Hire-Purchase) Act 1967. The whole Act. 1967 c. 81. Companies Act 1967. Sections 123 to 125. 1968 c. 60. Theft Act 1968. In Schedule 2, Part III, the entry relating to the Pawnbrokers Act 1872. 1969 c. 19. Decimal Currency Act 1969. In Schedule 2, paragraph 2. 1969 c. 48. Post Office Act 1969. In Schedule 4, paragraph 31. 1971 c. 23. Courts Act 1971. In Schedule 9, Part I, the entries relating to the Pawnbrokers Act 1872 and the Moneylenders Act 1927. 1972 c. 70. Local Government Act 1972. Section 213(1)(a) and (b) and (3). 1973 c. 65. Local Government (Scotland) Act 1973. In Schedule 27, paragraph 96. In Schedule 29, the entry relating to the Finance Act 1949.
Chapter Short Title Extent of Repeal 1842 (5 & 6 Vict.) c. 75. Charitable Pawn Offices (Ireland) Act 1842. The whole Act. 1933 c. 23 (N.I.). Money lenders Act (Northern Ireland) 1933. The whole Act. 1939 c. 36 (N.I.). Liability for War Damage (Miscellaneous Provisions) Act (Northern Ireland) 1939. In section 5(1) the definition of " hire-purchase agreement". 1949 c. 2 (N.I.). Agriculture Act (Northern Ireland) 1949. Section 7(2). 1954 c. 30 (N.I.). Pawnbrokers Act [(Northern Ireland) 1954. The whole Act. 1957 c. 19 (N.I.). Betting and Lotteries Act (Northern Ireland) 1957 Section 3(1)(j). 1960 c. 22 (N.I.). Companies Act (Northern Ireland) 1960. Section 192(3)(c). 1965 c. 6 (N.I.). Trading Stamps Act (Northern Ireland) 1965. In section 9 the definition of " purchase ". 1966 c. 42 (N.I.). Hire-Purchase Act (Northern Ireland) 1966. The whole Act except Part VI and section 68. 1967 c. 29 (N.I.). Increase of Fines Act (Northern Ireland) 1967. In Part I of the Schedule the entries relating to the Moneylenders Act (Northern Ireland) 1933. 1968 c. 28 (N.I.). Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968. In Schedule 2 the entry relating to the Moneylenders Act (Northern Ireland) 1933. 1969 c. 16 (N.I.). Theft Act (Northern Ireland) 1969. In Schedule 2 the entry relating to the Pawnbrokers Act (Northern Ireland) 1954. 1969 c. 24 (N.I.). Industrial and Provident Societies Act (Northern Ireland) 1969. Section 96. 1969 c. 27 (N.I.). Moneylenders (Amendment) Act (Northern Ireland) 1969. The whole Act. 1969 c. 30 (N.I.). Judgments (Enforcement) Act (Northern Ireland) 1969. In Schedule 4 the amendments of the Hire-Purchase Act (Northern Ireland) 1966. 1971 c. 13 (N.I.). Licensing Act (Northern Ireland) 1971. Section 2(5)(b). 1972 c. 11 (N.I.). Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972. Parts VI and VII. In Schedule 4 the entry relating to the Pawnbrokers Act (Northern Ireland) 1954.
If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so as to compensate him for prejudice suffered as a result of the contravention in question.
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a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or
section 64(1) was not complied with.
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The court shall make an order under section 86(2) if, but only if, the creditor or owner proves that he has been unable to satisfy himself that the present and future obligations of the debtor or hirer under the agreement are likely to be discharged.
Subject to subsection (3) below, if it appears to the court just to do so— the court may make an order under this section (a “time order ”).
on an application for an enforcement order; or
on an application made by a debtor or hirer under this paragraph after service on him of—
a default notice, or
a notice under section 76(1) or 98(1); or
in an action brought by a creditor or owner to enforce a regulated agreement or any security, or recover possession of any goods or land to which a regulated agreement relates,
on an application made by a debtor under this paragraph after the creditor has informed the debtor of the creditor’s intention—
to enforce a term of a regulated deferred payment credit agreement by—
demanding earlier payment of any sum,
treating any right conferred on the debtor by the agreement as terminated, restricted or deferred, or
to terminate a regulated deferred payment credit agreement, or
on an application made by a debtor or hirer under this paragraph after he has been given a notice under section 86B or 86C; or
A time order shall provide for one or both of the following, as the court considers just—
the payment by the debtor or hirer or any surety of any sum owed under a regulated agreement or a security by such instalments, payable at such times, as the court, having regard to the means of the debtor or hirer and any surety, considers reasonable;
the remedying by the debtor or hirer of any breach of a regulated agreement (other than non-payment of money) within such period as the court may specify.
Where in Scotland a time to pay direction or a time to pay order has been made in relation to a debt, it shall not thereafter be competent to make a time order in relation to the same debt.
Where in accordance with rules of court an offer to pay any sum by instalments is made by the debtor or hirer and accepted by the creditor or owner, the court may in accordance with rules of court make a time order under section 129(2)(a) giving effect to the offer without hearing evidence of means.
In the case of a hire-purchase or conditional sale agreement only, a time order under section 129(2)(a) may deal with sums which, although not payable by the debtor at the time the order is made, would if the agreement continued in force become payable under it subsequently.
A time order under section 129(2)(a) shall not be made where the regulated agreement is secured by a pledge if, by virtue of regulations made under section 76(5), 87(4) or 98(5), service of a notice is not necessary for enforcement of the pledge.
Where, following the making of a time order in relation to a regulated hire-purchase or conditional sale agreement or a regulated consumer hire agreement, the debtor or hirer is in possession of the goods, he shall be treated (except in the case of a debtor to whom the creditor’s title has passed) as a bailee or (in Scotland) a custodier of the goods under the terms of the agreement, notwithstanding that the agreement has been terminated.
Without prejudice to anything done by the creditor or owner before the commencement of the period specified in a time order made under section 129(2)(b) ( “the relevant period ”),—
he shall not while the relevant period subsists take in relation to the agreement any action such as is mentioned in section 87(1);
where— he shall not treat the secondary provision as operative before the end of that period;
a provision of the agreement ( “the secondary provision ”) becomes operative only on breach of another provision of the agreement ( “the primary provision ”), and
the time order provides for the remedying of such a breach of the primary provision within the relevant period,
if while the relevant period subsists the breach to which the order relates is remedied it shall be treated as not having occurred.
On the application of any person affected by a time order, the court may vary or revoke the order.
A debtor or hirer may make an application under section 129(1)(ba) in relation to a regulated agreement only if—
following his being given the notice under section 86B or 86C, he gave a notice within subsection (2) to the creditor or owner; and
a period of at least 14 days has elapsed after the day on which he gave that notice to the creditor or owner.
A notice is within this subsection if it—
indicates that the debtor or hirer intends to make the application;
indicates that he wants to make a proposal to the creditor or owner in relation to his making of payments under the agreement; and
gives details of that proposal.
The court, on the application of the creditor or owner under a regulated agreement, may make such orders as it thinks just for protecting any property of the creditor or owner, or property subject to any security, from damage or depreciation pending the determination of any proceedings under this Act, including orders restricting or prohibiting use of the property or giving directions as to its custody.
If the creditor or owner under a regulated agreement wants to be able to recover from the debtor or hirer post-judgment interest in connection with a sum that is required to be paid under a judgment given in relation to the agreement (the ‘judgment sum’), he—
after the giving of that judgment, shall give the debtor or hirer a notice under this section (the ‘first required notice’); and
after the giving of the first required notice, shall give the debtor or hirer further notices under this section at intervals of not more than six months.
The debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to a period occurring before the day on which he is given the first required notice.
If the creditor or owner fails to give the debtor or hirer a notice under this section within the period of six months beginning with the day after the day on which such a notice was last given to the debtor or hirer, the debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to the whole or to a part of the period which—
begins immediately after the end of that period of six months; and
ends at the end of the day on which the notice is given to the debtor or hirer.
The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of a notice under this section.
A notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.
Regulations may make provision about the form and content of notices under this section.
This section does not apply in relation to post-judgment interest which is required to be paid by virtue of any of the following—
section 4 of the Administration of Justice (Scotland) Act 1972;
Article 127 of the Judgments Enforcement (Northern Ireland) Order 1981;
section 74 of the County Courts Act 1984.
This section does not apply in relation to a non-commercial agreement or to a small agreement.
In this section ‘post-judgment interest’ means interest to the extent calculated by reference to a period occurring after the giving of the judgment under which the judgment sum is required to be paid.
Where the owner under a regulated consumer hire agreement recovers possession of goods to which the agreement relates otherwise than by action, the hirer may apply to the court for an order that— and if it appears to the court just to do so, having regard to the extent of the enjoyment of the goods by the hirer, the court shall grant the application in full or in part.
the whole or part of any sum paid by the hirer to the owner in respect of the goods shall be repaid, and
the obligation to pay the whole or part of any sum owed by the hirer to the owner in respect of the goods shall cease,
Where in proceedings relating to a regulated consumer hire agreement the court makes an order for the delivery to the owner of goods to which the agreement relates the court may include in the order the like provision as may be made in an order under subsection (1).
If within the period specified in section 68 the debtor or hirer under a cancellable agreement serves on—
on an application for an enforcement order or time order; or
in an action brought by the creditor to recover possession of goods to which the agreement relates,
“security instrument” has the meaning given by section 105(2);
make an order (a “return order ”) for the return to the creditor of goods to which the agreement relates;
make an order (a “transfer order ”) for the transfer to the debtor of the creditor’s title to certain goods to which the agreement relates ( “the transferred goods ”), and the return to the creditor of the remainder of the goods.
In determining for the purposes of this section how much of the total price has been paid ( “the paid-up sum ”), the court may— and make corresponding reductions in amounts so owed.
treat any sum paid by the debtor, or owed by the creditor, in relation to the goods as part of the paid-up sum;
deduct any sum owed by the debtor in relation to the goods (otherwise than as part of the total price) from the paid-up sum,
Where a transfer order is made, the transferred goods shall be such of the goods to which the agreement relates as the court thinks just; but a transfer order shall be made only where the paid-up sum exceeds the part of the total price referable to the transferred goods by an amount equal to at least one-third of the unpaid balance of the total price.
Notwithstanding the making of a return order or transfer order, the debtor may at any time before the goods enter the possession of the creditor, on payment of the balance of the total price and the fulfilment of any other necessary conditions, claim the goods ordered to be returned to the creditor.
When, in pursuance of a time order or under this section, the total price of goods under a regulated hire-purchase agreement or regulated conditional sale agreement is paid and any other necessary conditions are fulfilled, the creditor’s title to the goods vests in the debtor.
If, in contravention of a return order or transfer order, any goods to which the order relates are not returned to the creditor, the court, on the application of the creditor, may—
revoke so much of the order as relates to those goods, and
order the debtor to pay the creditor the unpaid portion of so much of the total price as is referable to those goods.
For the purposes of this section, the part of the total price referable to any goods is the part assigned to those goods by the agreement or (if no such assignment is made) the part determined by the court to be reasonable.
Where goods are comprised in a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement, and the creditor or owner— then, for the purposes of the claim of the creditor or owner to recover possession of the goods, the possession of them by the debtor or hirer shall be deemed to be adverse to the creditor or owner.
brings an action or makes an application to enforce a right to recover possession of the goods from the debtor or hirer, and
proves that a demand for the delivery of the goods was included in the default notice under section 88(5), or that, after the right to recover possession of the goods accrued but before the action was begun or the application was made, he made a request in writing to the debtor or hirer to surrender the goods,
In subsection (1) “the debtor or hirer ” includes a person in possession of the goods at any time between the debtor’s or hirer’s death and the grant of probate or administration, or (in Scotland) confirmation.
Nothing in this section affects a claim for damages for conversion or (in Scotland) for delict.
If it considers it just to do so, the court may in an order made by it in relation to a regulated agreement include provisions—
making the operation of any term of the order conditional on the doing of specified acts by any party to the proceedings;
suspending the operation of any term of the order either—
until such time as the court subsequently directs, or
until the occurrence of a specified act or omission.
The court shall not suspend the operation of a term requiring the delivery up of goods by any person unless satisfied that the goods are in his possession or control.
In the case of a consumer hire agreement, the court shall not so use its powers under subsection (1)(b) as to extend the period for which, under the terms of the agreement, the hirer is entitled to possession of the goods to which the agreement relates.
On the application of any person affected by a provision included under subsection (1), the court may vary the provision.
The court may in an order made by it under this Act include such provision as it considers just for amending any agreement or security in consequence of a term of the order.
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If the court finds a credit bargain extortionate it may reopen the credit agreement so as to do justice between the parties.
In this section and sections 138 to 140.—
" credit agreement" means any agreement between an individual (the " debtor ") and any other person (the " creditor ") by which the creditor provides the debtor with credit of any amount, and
" credit bargain "—
where no transaction other than the credit agreement is to be taken into account in computing the total charge for credit, means the credit agreement, or
where one or more other transactions are to be so taken into account, means the credit agreement and those other transactions, take together.
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A credit bargain is extortionate if it—
requires the debtor or a relative of his to make payments (whether unconditionally, or on certain contingencies) which are grossly exorbitant, or
otherwise grossly contravenes ordinary principles of fair dealing.
In determining whether a credit bargain is extortionate, regard shall be had to such evidence as is adduced concerning—
interest rates prevailing at the time it was made,
the factors mentioned in subsection (3) to (5), and
any other relevant considerations.
Factors applicable under subsection (2) in relation to the debtor include—
his age, experience, business capacity and state of health; and
the degree to which, at the time of making the credit bargain, he was (under financial pressure, and the nature of that pressure.
Factors applicable under subsection (2) in relation to the creditor include—
the degree of risk accepted by him, having regard to the value of any security provided ;
his relationship to the debtor ; and
whether or not a colourable cash price was quoted for any goods or services included in the credit bargain.
Factors applicable under subsection (2) in relation to a linked transaction include the question how far the transaction was reasonably required for the protection of debtor or creditor, or was in the interest of the debtor.
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A credit agreement may, if the court thinks just, be reopened on the ground that the credit bargain is extortionate—
on an application for the purpose made by the debtor or any surety to the High Court, county court or sheriff court; or
at the instance of the debtor or a surety in any proceedings to which the debtor and creditor are parties, being proceedings to enforce the credit agreement, any security relating to it, or any linked transaction; or
at the instance of the debtor or a surety in other proceedings in any court where the amount paid or payable under the credit agreement is relevant.
In reopening the agreement, the court may, for the purpose of relieving the debtor or a surety from payment of any sum in excess of that fairly due and reasonable, by order—
direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons,
set aside the whole or part of any obligation imposed on the debtor or a surety by the credit bargain or any related agreement,
require the creditor to repay the whole or part of any sum paid under the credit bargain or any related agreement by the debtor or a surety, whether paid to the creditor or any other person,
direct the return to the surety of any property provided for the purposes of the security, or
alter the terms of the credit agreement or any security instrument.
An order may be made under subsection (2) notwithstanding that its effect is to place a burden on the creditor in respect of an advantage unfairly enjoyed by another person who is a party to a linked transaction.
An order under subsection (2) shall not alter the effect of any judgment.
In England and Wales an application under subsection (1)(a) shall be brought only in the county court in the case of—
a regulated agreement, or
an agreement (not being a regulated agreement) under which the creditor provides the debtor with fixed-sum credit not exceeding £750 or running-account credit on which the credit limit does not exceed £750.
In Scotland an application under subsection (1)(a) may be brought in the sheriff court for the district in which the debtor or surety resides or carries on business.
In Northern Ireland an application under subsection (1)(a) may be brought in the county court in the case of—
a regulated agreement, or
an agreement (not being a regulated agreement) under which the creditor provides the debtor with fixed-sum credit not exceeding £300 or running-account credit on which the credit limit does not exceed £300.
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In England and Wales the county court shall have jurisdiction to hear and determine— and such an action shall not be brought in any other court.
any action by the creditor or owner to enforce a regulated agreement or any security relating to it;
any action to enforce any linked transaction against the debtor or hirer or his relative,
Where an action or application is brought in the High Court which, by virtue of this Act, ought to have been brought in the county court it shall not be treated as improperly brought, but shall be transferred to the county court.
In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.
In Northern Ireland the county court shall have jurisdiction to hear and determine any action or application falling within subsection (1).
Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—
the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);
the court for the place where the debtor or hirer carries on business; and
where the purpose of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.
Except as may be provided by rules of court, all the parties to a regulated agreement, and any surety, shall be made parties to any proceedings relating to the agreement.
Subsection (3A) shall not apply—
where Rule 3 of Schedule 8 to the said Act of 1982 applies; or
where the jurisdiction of another court has been prorogated by an agreement entered into after the dispute has arisen.
Where under any provision of this Act a thing can be done by a creditor or owner on an enforcement order only, and either— the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.
the court dismisses (except on technical grounds only) an application for an enforcement order, or
where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection,
Where— and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect.
a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(2), or
a regulated agreement is terminated under section 91,
Without prejudice to any provision which may be made by rules of court made in relation to county courts in Northern Ireland such rules may provide—
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for service of process on persons outside Northern Ireland.
Any person dissatisfied— shall be entitled to appeal from the order or from the dismissal or refusal as if the order, dismissal or refusal had been made in exercise of the jurisdiction conferred by Part III of the County Courts Northern Ireland) Order 1980 and the appeal brought under Part VI of that Order and Articles 61 and 62 of that Order shall apply accordingly.
with an order, whether adverse to him or in his favour, made by a county court in Northern Ireland in the exercise of any jurisdiction conferred by this Act, or
with the dismissal or refusal by such a county court of any action or application instituted by him under the provisions of this Act,
The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—
any of the terms of the agreement or of any related agreement;
the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement;
any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).
In deciding whether to make a determination under this section the court shall have regard to all matters it thinks relevant (including matters relating to the creditor and matters relating to the debtor).
For the purposes of this section the court shall (except to the extent that it is not appropriate to do so) treat anything done (or not done) by, or on behalf of, or in relation to, an associate or a former associate of the creditor as if done (or not done) by, or on behalf of, or in relation to, the creditor.
A determination may be made under this section in relation to a relationship notwithstanding that the relationship may have ended.
An order under section 140B shall not be made in connection with a credit agreement which is an exempt agreement for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order by virtue of article 60C(2) of that Order (regulated mortgage contracts and regulated home purchase plans) .
An order under section 140B shall not be made in connection with a credit agreement entered into under the Bounce Back Loan Scheme.
In subsection (6) “the Bounce Back Loan Scheme” means the scheme of that name operated from 4 May 2020 by the British Business Bank plc on behalf of the Secretary of State.
An order under this section in connection with a credit agreement may do one or more of the following—
require the creditor, or any associate or former associate of his, to repay (in whole or in part) any sum paid by the debtor or by a surety by virtue of the agreement or any related agreement (whether paid to the creditor, the associate or the former associate or to any other person);
require the creditor, or any associate or former associate of his, to do or not to do (or to cease doing) anything specified in the order in connection with the agreement or any related agreement;
reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement;
direct the return to a surety of any property provided by him for the purposes of a security;
otherwise set aside (in whole or in part) any duty imposed on the debtor or on a surety by virtue of the agreement or any related agreement;
alter the terms of the agreement or of any related agreement;
direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons.
An order under this section may be made in connection with a credit agreement only—
on an application made by the debtor or by a surety;
at the instance of the debtor or a surety in any proceedings in any court to which the debtor and the creditor are parties, being proceedings to enforce the agreement or any related agreement; or
at the instance of the debtor or a surety in any other proceedings in any court where the amount paid or payable under the agreement or any related agreement is relevant.
An order under this section may be made notwithstanding that its effect is to place on the creditor, or any associate or former associate of his, a burden in respect of an advantage enjoyed by another person.
An application under subsection (2)(a) may only be made—
in England and Wales, to the county court;
in Scotland, to the sheriff court;
in Northern Ireland, to the High Court (subject to subsection (6)).
In Scotland such an application may be made in the sheriff court for the district in which the debtor or surety resides or carries on business.
In Northern Ireland such an application may be made to the county court if the credit agreement is an agreement under which the creditor provides the debtor with—
fixed-sum credit not exceeding £15,000; or
running-account credit on which the credit limit does not exceed £15,000.
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A party to any proceedings mentioned in subsection (2) shall be entitled, in accordance with rules of court, to have any person who might be the subject of an order under this section made a party to the proceedings.
If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary.
In this section and in sections 140A and 140B ‘credit agreement’ means any agreement between an individual (the ‘debtor’) and any other person (the ‘creditor’) by which the creditor provides the debtor with credit of any amount.
References in this section and in sections 140A and 140B to the creditor or to the debtor under a credit agreement include—
references to the person to whom his rights and duties under the agreement have passed by assignment or operation of law;
where two or more persons are the creditor or the debtor, references to any one or more of those persons.
The definition of ‘court’ in section 189(1) does not apply for the purposes of sections 140A and 140B.
References in sections 140A and 140B to an agreement related to a credit agreement (the ‘main agreement’) are references to—
a credit agreement consolidated by the main agreement;
a linked transaction in relation to the main agreement or to a credit agreement within paragraph (a);
a security provided in relation to the main agreement, to a credit agreement within paragraph (a) or to a linked transaction within paragraph (b).
In the case of a credit agreement which is not a regulated consumer credit agreement, for the purposes of subsection (4) a transaction shall be treated as being a linked transaction in relation to that agreement if it would have been such a transaction had that agreement been a regulated consumer credit agreement.
For the purposes of this section and section 140B the definitions of ‘security’ and ‘surety’ in section 189(1) apply (with any appropriate changes) in relation to—
a credit agreement which is not a consumer credit agreement as if it were a consumer credit agreement; and
a transaction which is a linked transaction by virtue of subsection (5).
For the purposes of this section a credit agreement (the ‘earlier agreement’) is consolidated by another credit agreement (the ‘later agreement’) if—
the later agreement is entered into by the debtor (in whole or in part) for purposes connected with debts owed by virtue of the earlier agreement; and
at any time prior to the later agreement being entered into the parties to the earlier agreement included—
the debtor under the later agreement; and
the creditor under the later agreement or an associate or a former associate of his.
Further, if the later agreement is itself consolidated by another credit agreement (whether by virtue of this subsection or subsection (7)), then the earlier agreement is consolidated by that other agreement as well.
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An ancillary credit business is any business so far as it comprises or relates to—
credit brokerage,
debt-adjusting,
debt-counselling,
debt-collecting,
the operation of a credit reference agency.
debt administration,
the provision of credit information services, or
“Credit brokerage” means the carrying on of an activity of the kind specified by article 36A(1)(a) to (c) of the Regulated Activities Order (credit broking), disregarding the effect of paragraph (2) of that article.
of individuals desiring to obtain credit—
to persons carrying on businesses to which this sub-paragraph applies, or
in the case of an individual desiring to obtain credit to finance the acquisition or provision of a dwelling occupied or to be occupied by himself or his relative, to any person carrying on a business in the course of which he provides credit secured on land, or
of individuals desiring to obtain goods on hire to persons carrying on businesses to which this paragraph applies, or
of individuals desiring to obtain credit, or to obtain goods on hire, to other credit-brokers.
Subsection (2)(a)(i) applies to—
a consumer credit business ;
a business which comprises or relates to consumer credit agreements being, otherwise than by virtue of section 16(5)(a), exempt agreements;
a business which comprises or relates to unregulated agreements where—
the proper law of the agreement is the law of a country outside the United Kingdom, and
if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated consumer credit agreement.
Subsection (2)(b) applies to—
a consumer hire business ;
a business which comprises or relates to unregulated agreements where—
the proper law of the agreement is the law of a country outside the United Kingdom, and
if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated consumer hire agreement.
“Debt adjusting” means the carrying on of an activity of the kind specified by article 39D of that Order (debt adjusting).
negotiating with the creditor or owner, on behalf of the debtor or hirer, terms for the discharge of a debt, or
taking over, in return for payments by the debtor or hirer, his obligation to discharge a debt, or
any similiar activity concerned with the liquidation of a debt.
“Debt-counselling” means the carrying on of an activity of the kind specified by article 39E of that Order (debt-counselling).
“Debt administration” means the carrying on of an activity of the kind specified by article 39G of that Order (debt administration), disregarding the effect of paragraph (3) of that article.
“Debt-collecting” means the carrying on of an activity of the kind specified by article 39F of that Order (debt-collecting).
A person (“P”) provides credit information services if P carries on, by way of business, an activity of the kind specified by article 89A(1) or (2) of that Order (providing credit information services).
A person (“P”) operates a credit reference agency if P carries on, by way of business, an activity of the kind specified by article 89B of that Order (providing credit references).
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A barrister or advocate acting in that capacity is not to be treated as doing so in the course of any ancillary credit business.
A solicitor engaging in contentious business (as defined in section 86(1) of the Solicitors Act 1957) is not to be treated as doing so in the course of any ancillary credit business.
A solicitor within the meaning of the Solicitors (Scotland) Act 1933 engaging in business done in or for the purposes of proceedings before a court or before an arbiter is not to be treated as doing so in the course of any ancillary credit business.
A solicitor in Northern Ireland engaging in business done, whether as solicitor or advocate, in or for the purposes of proceedings begun before a court (including the Lands Tribunal for Northern Ireland) or before an arbitrator appointed under the Arbitration Act (Northern Ireland) 1937, not being business contained in section 2 of the Probates and Letters of Administration Act (Ireland) 1857, is not to be treated as doing so in the course of any ancillary credit business.
For the purposes of section 145(2), introductions effected by an individual by canvassing off trade premises either debtor-creditor-supplier agreements falling within section 12(a) or regulated consumer hire agreements shall be disregarded if—
the introductions are not effected by him in the capacity of an employee, and
he does not by any other method effect introductions falling within section 145(2).
It is not debt-adjusting, debt-counselling or debt-collecting for a person to do anything in relation to a debt arising under an agreement if—
he is the creditor or owner under the agreement, otherwise than by virtue of an assignment, or
he is the creditor or owner under the agreement by virtue of an assignment made in connection with the transfer to the assignee of any business other than a debt-collecting business, or
he is the supplier in relation to the agreement, or
he is a credit-broker who has acquired the business of the person who was the supplier in relation to the agreement, or
he is a person prevented by subsection (5) from being treated as a credit-broker, and the agreement was made in consequence of an introduction (whether made by him or another person) which, under subsection (5), is to be disregarded.
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The provisions of Part III (except section 40) apply to an ancillary credit business as they apply to a consumer credit business.
Without prejudice to the generality of section 26, regulations under that section (as applied by subsection (1)) may include provisions regulating the collection and dissemination of information by credit reference agencies.
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An agreement for the services of a person carrying on an ancillary credit business (the " trader "), if made when the trader was unlicensed, is enforceable against the other party (the " customer ") only where the Director has made an order under subsection (2) which applies to the agreement.
The trader or his successor in title may apply to the Director for an order that agreements within subsection (1) are to be treated as if made when the trader was licensed.
Unless the Director determines to make an order under subsection (2) in accordance with the application, he shall, before determining the application, by notice—
inform the trader, giving his reasons, that, as the case may be, he is minded to refuse the application, or to grant it in terms different from those applied for, describing them, and
invite the trader to submit to the Director representations in support of his application in accordance with section 34.
In determining whether or not to make an order under subsection (2) in respect of any period the Director shall consider, in addition to any other relevant factors.—
how far, if at all, customers under agreements made by the trader during that period were prejudiced by the trader's conduct,
whether or not the Director would have been likely to grant a licence covering that period on an application by the trader, and
the degree of culpability for the failure to obtain a licence.
If the Director thinks fit, he may in an order under subsection (2)—
limit the order to specified agreements, or agreements of a specified description or made at a specified time;
make the order conditional on the doing of specified acts by the trader.
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A regulated agreement made by a debtor or hirer who, for the purpose of making that agreement, was introduced to the creditor or owner by an unlicensed credit-broker is enforceable against -the debtor or hirer only where—
on the application of the credit-broker, the Director has made an order under section 148(2) in respect of a period including the time when the introduction was made, and the order does not (whether in general terms or specifically) exclude the application of this paragraph to the regulated agreement, or
the Director has made an order under subsection (2) which applies to the agreement.
Where during any period individuals were introduced to a person carrying on a consumer credit business or consumer hire business by an unlicensed credit-broker for the purpose of making regulated agreements with the person carrying on that business, that person or his successor in title may apply to the Director for an order that regulated agreements so made are to be treated as if the credit-broker had been licensed at the time of the introduction.
Unless the Director determines to make an order under subsection (2) in accordance with the application, he shall, before determining the application, by notice—
inform the applicant, giving his reasons, that, as the case may be, he is minded to refuse the application, or to grant it in terms different from those applied for, describing them, and
invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
In determining whether or not to make an order under subsection (2) the Director shall consider, in addition to any other relevant factors—
how far, if at all, debtors or hirers under regulated agreements to which the application relates were prejudiced by the credit-broker's conduct, and
the degree of culpability of the applicant in facilitating the carrying on by the credit-broker of his business when unlicensed.
If the Director thinks fit, he may in an order under subsection (2)—
limit the order to specified agreements, or agreements of a specified description or made at a specified time;
make the order conditional on the doing of specified acts by the applicant.
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Sections 44 to 47 apply to an advertisement published for the purposes of a business of credit brokerage carried on by any person, whether it advertises the services of that person or the services of persons to whom he effects introductions, as they apply to an advertisement to which Part IV applies.
Sections 44, 46 and 47 apply to an advertisement, published for the purposes of a business carried on by the advertiser, indicating that he is willing to advise on debts, or engage in transactions concerned with the liquidation of debts, as they apply to an advertisement to which Part IV applies.
The Secretary of State may by order provide that an advertisement published for the purposes of a business of credit brokerage, debt adjusting or debt counselling shall not fall within subsection (1) or (2) if it is of a description specified in the order.
An advertisement does not fall within subsection (2) if it indicates that the advertiser is not willing to act in relation to consumer credit agreements and consumer hire agreements.
In subsections (1) and (3) " credit brokerage " includes the effecting of introductions of individuals desiring to obtain credit to any person carrying on a business in the course of which he provides credit secured on land.
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Sections 52 to 54 apply to a business of credit brokerage, debt-adjusting or debt-counselling as they apply to a consumer credit business.
In their application to a business of credit brokerage, sections 52 and 53 shall apply to the giving of quotations and information about the business of any person to whom the credit-broker effects introductions as well as to the giving of quotations and information about his own business.
An individual (the “canvasser ”) canvasses off trade premises the services of a person carrying on an ancillary credit business if he solicits the entry of another individual (the “consumer ”) into an agreement for the provision to the consumer of those services by making oral representations to the consumer, or any other individual, during a visit by the canvasser to any place (not excluded by subsection (2)) where the consumer, or that other individual as the case may be, is, being a visit—
carried out for the purpose of making such oral representations to individuals who are at that place, but
not carried out in response to a request made on a previous occasion.
A place is excluded from subsection (1) if it is a place where (whether on a permanent or temporary basis)—
the ancillary credit business is carried on, or
any business is carried on by the canvasser or the person whose employee or agent the canvasser is, or by the consumer.
It is an offence to canvass off trade premises the services of a person carrying on a business of credit-brokerage, debt-adjusting , debt-counselling or the provision of credit information services.
Subject to subsection (2A),the excess over £5 of a fee or commission for his services charged by a credit-broker to an individual to whom this subsection applies shall cease to be payable or, as the case may be, shall be recoverable by the individual if the introduction does not result in his entering into a relevant agreement within the six months following the introduction (disregarding any agreement which is cancelled under section 69(1) or becomes subject to section 69(2)).
Subsection (1) applies to an individual who sought an introduction for a purpose which would have been fulfilled by his entry into—
a regulated agreement, or
in the case of an individual desiring to obtain credit to finance the acquisition or provision of a dwelling occupied or to be occupied by that individual or a relative of that individual, an agreement for credit secured on land,
a credit agreement which is an exempt agreement for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order, or
an agreement which is not a regulated credit agreement or a regulated consumer hire agreement but which would be such an agreement if the law applicable to the agreement were the law of a part of the United Kingdom.
An agreement is a relevant agreement for the purposes of subsection (1) in relation to an individual if it is an agreement such as is referred to in subsection (2) in relation to that individual.
But subsection (1) does not apply where—
the fee or commission relates to the effecting of an introduction of a kind mentioned in article 36E of the Regulated Activities Order (activities in relation to certain agreements relating to land); and
the person charging that fee or commission is an authorised person or an appointed representative, within the meaning of the Financial Services and Markets Act 2000.
In the case of an individual desiring to obtain credit under a consumer credit agreement, any sum payable or paid by him to a credit-broker otherwise than as a fee or commission for the credit-broker’s services shall for the purposes of subsection (1) be treated as such a fee or commission if it enters, or would enter, into the total charge for credit.
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In any other case, a creditor, owner or negotiator, within the prescribed period after receiving a request in writing to that effect from the debtor or hirer, shall give him notice of the name and address of any credit reference agency from which the creditor, owner or negotiator has, during the antecedent negotiations, applied for information about his financial standing.
Where a creditor under a prospective regulated agreement, other than an excluded agreement, decides not to proceed with it on the basis of information obtained by the creditor from a credit reference agency, the creditor must, when informing the debtor of the decision—
inform the debtor that this decision has been reached on the basis of information from a credit reference agency, and
provide the debtor with the particulars of the agency including its name, address and telephone number.
Subsection (1) does not apply to a request received more than 28 days after the termination of the antecedent negotiations, whether on the making of the regulated agreement or otherwise.
If the creditor, owner or negotiator fails to comply with subsection (A1) or (1) he commits an offence.
A creditor is not required to disclose information under this section if such disclosure—
contravenes the UK GDPR,
is prohibited by an assimilated obligation,
would create or be likely to create a serious risk that any person would be subject to violence or intimidation, or
would, or would be likely to, prejudice—
the prevention or detection of crime,
the apprehension or prosecution of offenders, or
the administration of justice.
For the purposes of subsection (A1) an agreement is an excluded agreement if it is—
a consumer hire agreement, or
an agreement secured on land.
A credit reference agency, within the prescribed period after receiving,— shall give the consumer a copy of the file relating to it kept by the agency.
a request in writing to that effect from a consumer,
such particulars as the agency may reasonably require to enable them to identify the file, and
a fee of £2,
When giving a copy of the file under subsection (1), the agency shall also give the consumer a statement in the prescribed form of the consumer’s rights under section 159.
If the agency does not keep a file relating to the consumer it shall give the consumernotice of that fact, but need not return any money paid.
If the agency contravenes any provision of this section it commits an offence.
In this Act “file ”, in relation to an individual, means all the information about him kept by a credit reference agency, regardless of how the information is stored, and “copy of the file ”, as respects information not in plain English, means a transcript reduced into plain English.
In this section ‘consumer’ means—
a partnership consisting of two or three persons not all of whom are bodies corporate; or
an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.
Any individual (the “objector ”) given— who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.
information under Article 15(1) to (3) of the UK GDPR (confirmation of processing, access to data and safeguards for third country transfers) by a credit reference agency, or
information under section 158,
Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has— and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.
removed the entry from the file, or
amended the entry, or
taken no action,
Within 28 days after receiving a notice under subsection (2), or where no such notice was given, within 28 days after the expiry of the period mentioned in subsection (2), the objector may, unless he has been informed by the agency that it has removed the entry from his file, serve a further notice on the agency requiring it to add to the file an accompanying notice of correction (not exceeding 200 words) drawn up by the objector, and include a copy of it when furnishing information included in or based on that entry.
Within 28 days after receiving a notice under subsection (3), the agency, unless it intends to apply to the the relevant authority under subsection (5), shall by notice inform the objector that it has received the notice under subsection (3) and intends to comply with it.
If— the objector or, as the case may be, the agency may, in the prescribed manner and on payment of the prescribed fee, apply to the relevant authority, who may make such order on the application as he thinks fit.
the objector has not received a notice under subsection (4) within the time required, or
it appears to the agency that it would be improper for it to publish a notice of correction because it is incorrect, or unjustly defames any person, or is frivolous or scandalous, or is for any other reason unsuitable,
If a person to whom an order under this section is directed fails to comply with it within the period specified in the order he commits an offence.
The Information Commissioner may vary or revoke any order made by him under this section.
In this section “the relevant authority ” means—
where the objector is a partnership or other unincorporated body of persons, the FCA, and
in any other case, the Information Commissioner.
The FCA , on an application made by a credit reference agency, may direct that this section shall apply to the agency if it is satisfied—
that compliance with section 158 in the case of consumers who carry on a business would adversely affect the service provided to its customers by the agency, and
that, having regard to the methods employed by the agency and to any other relevant factors, it is probable that consumers carrying on a business would not be prejudiced by the making of the direction.
Where an agency to which this section applies receives a request, particulars and a fee under section 158(1) from a consumer who carries on a business, and section 158(3) does not apply, the agency, instead of complying with section 158, may elect to deal with the matter under the following subsections.
Instead of giving the consumer a copy of the file, the agency shall within the prescribed period give notice to the consumer that it is proceeding under this section, and by notice give the consumer such information included in or based on entries in the file as the FCA may direct, together with a statement in the prescribed form of the consumer’s rights under subsections (4) and (5).
If within 28 days after receiving the information given to the consumer under subsection (3), or such longer period as the FCA may allow, the consumer— the FCA may direct the agency to give the FCA a copy of the file, and the FCA may disclose to the consumer such of the information on the file as the FCA thinks fit.
gives notice to the FCA that the consumer is dissatisfied with the information, and
satisfies the FCA that the consumer has taken such steps in relation to the agency as may be reasonable with a view to removing the cause of the consumer’s dissatisfaction, and
pays the FCA the prescribed fee,
Section 159 applies with any necessary modifications to information given to the consumer under this section as it applies to information given under section 158.
If an agency making an election under subsection (2) fails to comply with subsection (3) or (4) it commits an offence.
In this section “consumer ” has the same meaning as in section 158.
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The following authorities ( “enforcement authorities ”) have a duty to enforce this Act and regulations made under it—
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in Great Britain, the local weights and measures authority,
in Northern Ireland, the Department of Commerce for Northern Ireland.
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28 days have expired since that notice was given, or
the Director has notified them of receipt of the notice and summary.
Subsection (1) does not limit any function of the FCA in relation to the enforcement of this Act or regulations made under it.
Every local weights and measures authority shall, whenever the FCA requires, report to it in such form and with such particulars as it requires on the exercise of their functions under this Act.
For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.
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The person holding an inquiry under subsection (4) shall make a written report of the results to the Secretary of State, who shall publish it together with such observations on it (if any) as he thinks fit.
In the application of subsection (4) to Scotland, for the references to section 250(2) to (5) of the Local Government Act 1972, subsection (4) of that section and section 250(1) of that Act there shall be substituted respectively references to section 210(4) to (8) of the Local Government (Scotland) Act 1973, subsection (7) of that section and section 210(1) of that Act.
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A duly authorised officer of an enforcement authority, at all reasonable hours and on production, if required, of his credentials, may—
in order to ascertain whether a breach of any provision of or under this Act has been committed, inspect any goods and enter any premises (other than premises used only as a dwelling);
if he has reasonable cause to suspect that a breach of any provision of or under this Act has been committed, in order to ascertain whether it has been committed, require any person— and take copies of, or of any entry in, the books or documents;
carrying on, or employed in connection with, a business to produce any books or documents relating to it; or
having control of any information relating to a business recorded otherwise than in a legible form to provide a document containing a legible reproduction of the whole or any part of the information,
if he has reasonable cause to believe that a breach of any provision of or under this Act has been committed, seize and detain any goods in order to ascertain (by testing or otherwise) whether such a breach has been committed ;
seize and detain any goods, books or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act;
for the purpose of exercising his powers under this subsection to seize goods, books or documents, but only if and to the extent that it is reasonably necessary for securing that the provisions of this Act and of any regulations made under it are duly observed, require any person having authority to do so to break open any container and, if that person does not comply, break it open himself.
An officer seizing goods, books or documents in exercise of his powers under this section shall not do so without informing the person he seizes them from.
If a justice of the peace, on sworn information in writing, or, in Scotland, a sheriff or a magistrate or justice of the peace, on evidence on oath.—
is satisfied that there is reasonable ground to believe either—
that any goods, books or documents which a duly authorised officer has power to inspect under this section are on any premises and their inspection is likely to disclose evidence of a breach of any provision of or under this Act; or
that a breach of any provision of or under this Act has been, is being or is about to be committed on any premises ; and
is also satisfied either— the justice or, as the case may be, the sheriff or magistrate may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of an enforcement authority to enter the premises (by force if need be).
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier ; or
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to wait for his return,
An officer entering premises by virtue of this section may take such other persons and equipment with him as he thinks necessary; and on leaving premises entered by virtue of a warrant under subsection (3) shall, if they are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
Regulations may provide that, in cases described by the regulations, an officer of a local weights and measures authority is not to be taken to be duly authorised for the purposes of this section unless he is authorised by the Director.
A person who is not a duly authorised officer of an enforcement authority, but purports to act as such under this section, commits an offence.
Nothing in this section compels a barrister, advocate or solicitor to produce a document containing a privileged communication made by or to him in that capacity or authorises the seizing of any such document in his possession.
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Where, in exercising his powers under section 162, an officer of an enforcement authority seizes and detains goods and their owner suffers loss by reason of— then, unless the owner is convicted of an offence under this Act committed in relation to the goods, the authority shall compensate him for the loss so suffered.
that seizure, or
the loss, damage or deterioration of the goods during detention,
Any dispute as to the right to or amount of any compensation under subsection (1) shall be determined by arbitration.
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An enforcement authority may— as may appear to them expedient for determining whether any provisions made by or under this Act are being complied with.
make, or authorise any of their officers to make on their behalf, such purchases of goods ; and
authorise any of their officers to procure the provision of such services or facilities or to enter into such agreements or other transactions,
Any act done by an officer authorised to do it under subsection (1) shall be treated for the purposes of this Act as done by him as an individual on his own behalf.
Any goods seized by an officer under this Act may be tested, and in the event of such a test he shall inform the person mentioned in section 162(2) of the test results.
Where any test leads to proceedings under this Act, the enforcement authority shall—
if the goods were purchased, inform the person they were purchased from of the test results, and
allow any person against whom the proceedings are taken to have the goods tested on his behalf if it is reasonably practicable to do so.
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Any person who— commits an offence.
wilfully obstructs an officer of an enforcement authority acting in pursuance of this Act ; or
wilfully fails to comply with any requirement properly made to him by such an officer under section 162; or
without reasonable cause fails to give such an officer (so acting) other assistance or information he may reasonably require in performing his functions under this Act,
If any person, in giving such information as is mentioned in subsection (1)(c), makes any statement which he knows to be false, he commits an offence.
Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person or (where that person is married) the husband or wife of that person.
Where a person is convicted of an offence or has a judgment given against him by or before any court in the United Kingdom and it appears to the court— the court may make such arrangements notwithstanding that the proceedings have been finally disposed of.
having regard to the functions of the FCA under the Financial Services and Markets Act 2000 or this Act, that the conviction or judgment should be brought to the FCA's attention, and
that it may not be brought to its attention unless arrangements for that purpose are made by the court,
An offence under a provision of this Act specified in column 1 of Schedule 1 is triable in the mode or modes indicated in column 3, and on conviction is punishable as indicated in column 4 (where a period of time indicates the maximum term of imprisonment, and a monetary amount indicates the maximum fine, for the offence in question).
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In any proceedings for an offence under this Act it is a defence for the person charged to prove—
that his act or omission was due to a mistake, or to reliance on information supplied to him, or to an act or omission by another person, or to an accident or some other cause beyond his control, and
that he took all reasonable precautions and exercised all due diligence to avoid such an act or omission by himself or any person under his control.
If in any case the defence provided by subsection (1) involves the allegation that the act or omission was due to an act or omission by another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in his possession.
Where at any time a body corporate commits an offence under this Act with the consent or connivance of, or because of neglect by, any individual, the individual commits the like offence if at that time—
he is a director, manager, secretary or similar officer of the body corporate, or
he is purporting to act as such an officer, or
the body corporate is managed by its members of whom he is one.
A breach of any requirement made (otherwise than by any court) by or under this Act shall incur no civil or criminal sanction as being such a breach, except to the extent (if any) expressly provided by or under this Act or by or under the Financial Services and Markets Act 2000 by virtue of an order made under section 107 of the Financial Services Act 2012.
In exercising its functions under this Act the FCA may take account of any matter appearing to it to constitute a breach of a requirement made by or under this Act, whether or not any sanction for that breach is provided by or under this Act and, if it is so provided, whether or not proceedings have been brought in respect of the breach.
Subsection (1) does not prevent the grant of an injunction, or the making of an order of certiorari, mandamus or prohibition or as respects Scotland the grant of an interdict or of an order under section 91 of the Court of Session Act 1868 (order for specific performance of statutory duty).
If an agreement contains a term signifying that in the opinion of the parties section 10(3)(b)(iii) does not apply to the agreement, it shall be taken not to apply unless the contrary is proved.
It shall be assumed in any proceedings, unless the contrary is proved, that when a person initiated a transaction as mentioned in section 19(1)(c) he knew the principal agreement had been made, or contemplated that it might be made.
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In proceedings brought by the creditor under a credit-token agreement—
it is for the creditor to prove that the credit-token was lawfully supplied to the debtor, and was accepted by him, and
if the debtor alleges that any use made of the credit-token was not authorised by him, it is for the creditor to prove either—
that the use was so authorised, or
that the use occurred before the creditor had been given notice under section 84(3).
In proceedings under section 50(1) in respect of a document received by a minor at any school or other educational establishment for minors, it is for the person sending it to him at that establishment to prove that he did not know or suspect it to be such an establishment.
In proceedings under section 119(1) it is for the pawnee to prove that he had reasonable cause to refuse to allow the pawn to be redeemed.
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A statement by a creditor or owner is binding on him if given under— section 77(1), section 78(1), section 79(1), section 97(1), section 107(1)(c), section 108(1)(c), or section 109(1)(c),
Where a trader— the notice is binding on the trader.
gives a customer a notice in compliance with section 103(1)(b), or
gives a customer a notice under section 103(1) asserting that the customer is not indebted to him under an agreement,
Where in proceedings before any court— the court may direct such relief (if any) to be given to the creditor or owner from the operation of subsection (1) or (2) as appears to the court to be just.
it is sought to rely on a statement or notice given as mentioned in subsection (1) or (2), and
the statement or notice is shown to be incorrect,
A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act.
Where a provision specifies the duty or liability of the debtor or hirer or his relative or any surety in certain circumstances, a term is inconsistent with that provision if it purports to impose, directly or indirectly, an additional duty or liability on him in those circumstances.
Notwithstanding subsection (1), a provision of this Act under which a thing may be done in relation to any person on an order of the court or the FCA only shall not be taken to prevent its being done at any time with that person’s consent given at that time, but the refusal of such consent shall not give rise to any liability.
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No information obtained under or by virtue of this Act about any individual shall be disclosed without his consent.
No information obtained under or by virtue of this Act about any business shall be disclosed except, so long as the business continues to be carried on, with the consent of the person for the time being carrying it on.
Subsections (1) and (2) do not apply to any disclosure of information made—
for the purpose of facilitating the performance of any functions, under this Act, the Trade Descriptions Act 1968 or Part II or III or section 125 (annual and other reports of Director) of the Fair Trading Act 1973, of the Secretary of State, any other Minister, any enforcement authority or any Northern Ireland department, or
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings, or
for the purposes of any civil proceedings brought under or by virtue of this Act or under Part III of the Fair Trading Act 1973.
Nothing in subsections (1) and (2) shall be construed—
as limiting the particulars which may be entered in the register; or
as applying to any information which has been made public as part of the register.
Any person who discloses information in contravention of this section commits an offence.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Every power conferred on a relevant authority by or under this Act (however expressed) to require the provision or production of information or documents includes the power—
to require information to be provided or produced in such form as the authority may specify, including, in relation to information recorded otherwise than in a legible form, in a legible form;
to take copies of, or extracts from, any documents provided or produced by virtue of the exercise of the power;
to require the person who is required to provide or produce any information or document by virtue of the exercise of the power—
to state, to the best of his knowledge and belief, where the information or document is;
to give an explanation of the information or document;
to secure that any information provided or produced, whether in a document or otherwise, is verified in such manner as may be specified by the authority;
to secure that any document provided or produced is authenticated in such manner as may be so specified;
to specify a time at or by which a requirement imposed by virtue of paragraph (c) must be complied with.
Every power conferred on a relevant authority by or under this Act (however expressed) to inspect or to seize documents at any premises includes the power to take copies of, or extracts from, any documents inspected or seized by virtue of the exercise of the power.
But a relevant authority has no power under this Act— any information or document which the other person would be entitled to refuse to provide or produce in proceedings in the High Court on the grounds of legal professional privilege or (in Scotland) in proceedings in the Court of Session on the grounds of confidentiality of communications.
to require another person to provide or to produce,
to seize from another person, or
to require another person to give access to premises for the purposes of the inspection of,
In subsection (3) ‘communications’ means—
communications between a professional legal adviser and his client;
communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings.
In this section, “relevant authority” means an enforcement authority or an officer of an enforcement authority.
A document to be served under this Act by one person ( “the server ”) on another person ( “the subject ”) is to be treated as properly served on the subject if dealt with as mentioned in the following subsections.
The document may be delivered or sent by an appropriate method to the subject, or addressed to him by name and left at his proper address.
For the purposes of this Act, a document sent by post to, or left at, the address last known to the server as the address of a person shall be treated as sent by post to, or left at, his proper address.
Where the document is to be served on the subject as being the person having any interest in land, and it is not practicable after reasonable inquiry to ascertain the subject’s name or address, the document may be served by—
addressing it to the subject by the description of the person having that interest in the land (naming it), and
delivering the document to some responsible person on the land or affixing it, or a copy of it, in a conspicuous position on the land.
Where a document to be served on the subject as being a debtor, hirer or surety, or as having any other capacity relevant for the purposes of this Act, is served at any time on another person who— the document shall be treated as having been served at that time on the subject.
is the person last known to the server as having that capacity, but
before that time had ceased to have it,
Anything done to a document in relation to a person who (whether to the knowledge of the server or not) has died shall be treated for the purposes of subsection (5) as service of the document on that person if it would have been so treated had he not died.
The following enactments shall not be construed as authorising service on the Public Trustee (in England and Wales) or the Probate Judge (in Northern Ireland) of any document which is to be served under this Act— section 9 of the Administration of Estates Act 1925; section 3 of the Administration of Estates Act (Northern Ireland) 1955.
References in the preceding subsections to the serving of a document on a person include the giving of the document to that person.
Nothing in this Act affects the rights of a proprietor of a registered charge (within the meaning of the Land Registration Act 2002), who—
became the proprietor under a transfer for valuable consideration without notice of any defect in the title arising (apart from this section) by virtue of this Act, or
derives title from such a proprietor.
Nothing in this Act affects the operation of section 104 of the Law of Property Act 1925 (protection of purchaser where mortgagee exercises power of sale).
Subsection (1) does not apply to a proprietor carrying on a consumer credit business, a consumer hire business or a business of debt-collecting or debt administration .
Where, by virtue of subsection (1), a land mortgage is enforced which apart from this section would be treated as never having effect, the original creditor or owner shall be liable to indemnify the debtor or hirer against any loss thereby suffered by him.
In the application of this section to Scotland for subsections (1) to (3) there shall be substituted the following subsections—.
In the application of this section to Northern Ireland—
any reference to the proprietor of a registered charge (within the meaning of the Land Registration Act 2002) shall be construed as a reference to the registered owner of a charge under the Local Registration of Title (Ireland) Act 1891 or Part IV of the Land Registration Act (Northern Ireland) 1970, and
for the reference to section 104 of the Law of Property Act 1925 there shall be substituted a reference to section 21 of the Conveyancing and Law of Property Act 1881 and section 5 of the Conveyancing Act 1911.
The Treasury or the Department of Commerce for Northern Ireland may by order make such amendments or repeals of any provision of any local Act as appears to the Treasury or, as the case may be, the Department, necessary or expedient in consequence of the replacement by this Act of the enactments relating to pawnbrokers and moneylenders.
A document is transmitted in accordance with this subsection if–
the person to whom it is transmitted agrees that it may be delivered to him by being transmitted to a particular electronic address in a particular electronic form,
it is transmitted to that address in that form, and
the form in which the document is transmitted is such that any information in the document which is addressed to the person to whom the document is transmitted is capable of being stored for future reference for an appropriate period in a way which allows the information to be reproduced without change.
A document transmitted in accordance with subsection (1) shall, unless the contrary is proved, be treated for the purposes of this Act, except section 69, as having been delivered on the working day immediately following the day on which it is transmitted.
In this section, “electronic address” includes any number or address used for the purposes of receiving electronic communications.
Regulations may be made as to the form and content of credit-cards, trading-checks, receipts, vouchers and other documents or things issued by creditors, owners or suppliers under or in connection with regulated agreements or by other persons in connection with linked transactions, and may in particular—
require specified information to be included in the pre-scribed manner in documents, and other specified material to be excluded;
contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, or his relative, and that one part of a document is not given insufficient or excessive prominence compared with another.
If a person issues any document or thing in contravention of regulations under subsection (1) then, as from the time of the contravention but without prejudice to anything done before it, this Act shall apply as if the regulated agreement had been improperly executed by reason of a contravention of regulations under section 60(1).
Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular—
require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy;
authorise the omission from a copy of certain material contained in the original, or the inclusion of such material in condensed form.
A duty imposed by any provision of this Act ... to supply a copy of any document— and references in this Act to copies shall be construed accordingly.
is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;
is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations;
Regulations may provide that a duty imposed by this Act to supply a copy of a document referred to in an unexecuted agreement or an executed agreement shall not apply to documents of a kind specified in the regulations.
The Treasury may by order made by statutory instrument amend, or further amend, any of the following provisions of this Act so as to reduce or increase a sum mentioned in that provision, namely, sections ... 17(1), . . . ... 70(6), 75(3)(b), 77(1), 78(1), 79(1), 84(1), 101(7)(a), 107(1), 108(1), 109(1), 110(1), ... . . . 140B(6), 155(1) and 158(1).
An order under subsection (1) amending section ... 17(1), . . . ... 75(3)(b) . . . or 140B(6) shall be of no effect unless a draft of the order has been laid before and approved by each House of Parliament.
Any power of the Treasury to make regulations or orders under this Act, except the power conferred by sections ... 181 and 192 shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Where a power to make regulations or orders . . . is exercisable by the Treasury . . . by virtue of this Act, regulations or orders . . . made in the exercise of that power may—
make different provision in relation to different cases or classes of case, and
exclude certain cases or classes of case, and
contain such transitional provisions as the Treasury thinks fit.
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Regulations may provide that specified expressions, when used as described by the regulations, are to be given the prescribed meaning, notwithstanding that another meaning is intended by the person using them.
Any power conferred on the Treasury by this Act to make orders includes power to vary or revoke an order so made.
The FCA may vary or revoke any determination made, or direction given, by it under this Act.
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A person is an associate of an individual if that person is—
the individual’s husband or wife or civil partner,
a relative of—
the individual, or
the individual’s husband or wife or civil partner, or
the husband or wife or civil partner of a relative of—
the individual, or
the individual’s husband or wife or civil partner.
A person is an associate of any person with whom he is in partnership, and of the husband or wife or civil partner or a relative of any individual with whom he is in partnership.
A body corporate is an associate of another body corporate—
if the same person is a controller of both, or a person is a controller of one and persons who are his associates, or he and persons who are his associates, are controllers of the other; or
if a group of two or more persons is a controller of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.
A body corporate is an associate of another person if that person is a controller of it or if that person and persons who are his associates together are controllers of it.
In this section “relative ” means brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, . . . references to a husband or wife include a former husband or wife and a reputed husband or wife, and references to a civil partner include a former civil partner and a reputed civil partner; and for the purposes of this subsection a relationship shall be established as if any illegitimate child, step-child or adopted child of a person were the legitimate child of the relationship in question .
Where an actual or prospective regulated agreement has two or more debtors or hirers (not being a partnership or an unincorporated body of persons)—
anything required by or under this Act to be done to or in relation to the debtor or hirer shall be done to or in relation to each of them; and
anything done under this Act by or on behalf of one of them shall have effect as if done by or on behalf of all of them.
Notwithstanding subsection (1)(a), where credit is provided under an agreement to two or more debtors jointly, in performing his duties— the creditor need not give statements to any debtor who has signed and given to him a notice (a ‘dispensing notice’) authorising him not to comply in the debtor's case with section 77A or (as the case may be) 78(4).
in the case of fixed-sum credit, under section 77A, or
in the case of running-account credit, under section 78(4),
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Subsection (1)(b) does not apply for the purposes of section 61(1)(a) . . . .
Where a regulated agreement has two or more debtors or hirers (not being a partnership or an unincorporated body of persons), section 86 applies to the death of any of them.
A dispensing notice given by a debtor is operative from when it is given to the creditor until it is revoked by a further notice given to the creditor by the debtor.
An agreement for the provision of credit, or the bailment or (in Scotland) the hiring of goods, to two or more persons jointly where— is a consumer credit agreement or consumer hire agreement if it would have been one had they all been individuals; and each person within paragraph (b) shall accordingly be included among the debtors or hirers under the agreement.
one or more of those persons is an individual, and
one or more of them is not an individual ,
But subsection (2) does not apply if (apart from this subsection) dispensing notices would be operative in relation to all of the debtors to whom the credit is provided.
Where subsection (5) applies, references in this Act to the signing of any document by the debtor or hirer shall be construed in relation to a body corporate within paragraph (b) of that subsection as referring to a signing on behalf of the body corporate.
Any dispensing notices operative in relation to an agreement shall cease to have effect if any of the debtors dies.
A dispensing notice which is operative in relation to an agreement shall be operative also in relation to any subsequent agreement which, in relation to the earlier agreement, is a modifying agreement.
Where an actual or prospective regulated agreement has two or more creditors or owners, anything required by or under this Act to be done to, or in relation to, or by, the creditor or owner shall be effective if done to, or in relation to, or by, any one of them.
A consumer credit agreement shall be treated as entered into under pre-existing arrangements between a creditor and a supplier if it is entered into in accordance with, or in furtherance of, arrangements previously made between persons mentioned in subsection (4)(a), (b) or (c).
A consumer credit agreement shall be treated as entered into in contemplation of future arrangements between a creditor and a supplier if it is entered into in the expectation that arrangements will subsequently be made between persons mentioned in subsection (4)(a), (b) or (c) for the supply of cash, goods and services (or any of them) to be financed by the consumer credit agreement.
Arrangements shall be disregarded for the purposes of subsection (1) or (2) if—
they are arrangements for the making, in specified circumstances, of payments to the supplier by the creditor, and
the creditor holds himself out as willing to make, in such circumstances, payments of the kind to suppliers generally.
The persons referred to in subsections (1) and (2) are—
the creditor and the supplier;
one of them and an associate of the other’s;
an associate of one and an associate of the other’s.
Arrangements shall also be disregarded for the purposes of subsections (1) and (2) if they are arrangements for the electronic transfer of funds from a current account at a bank within the meaning of the Bankers’ Books Evidence Act 1879.
Where the creditor is an associate of the supplier’s, the consumer credit agreement shall be treated, unless the contrary is proved, as entered into under pre-existing arrangements between the creditor and the supplier.
Schedule 2 shall have effect for illustrating the use of terminology employed in this Act.
The examples given in Schedule 2 are not exhaustive.
In the case of conflict between Schedule 2 and any other provision of this Act, that other provision shall prevail.
The Treasury may by order amend Schedule 2 by adding further examples or in any other way.
In this Act ‘default sum’ means, in relation to the debtor or hirer under a regulated agreement, a sum (other than a sum of interest) which is payable by him under the agreement in connection with a breach of the agreement by him.
But a sum is not a default sum in relation to the debtor or hirer simply because, as a consequence of his breach of the agreement, he is required to pay it earlier than he would otherwise have had to.
In this Act, unless the context otherwise requires—
the court shall dismiss the application if, but . . . only if, it considers it just to do so having regard to—
“assignment ”, in relation to Scotland, means assignation;
a notice (a “notice of cancellation ”) which, however expressed and whether or not conforming to the notice given under section 64(1), indicates the intention of the debtor or hirer to withdraw from the agreement, the notice shall operate—
“negotiator” has the meaning given by section 56(1);
" electric line " has the meaning given by the Electric Lighting Act 1882 or, for Northern Ireland, the Electricity Supply (Northern Ireland) Order 1972 ;
" representation " includes any condition or warranty, and any other statement or undertaking, whether oral or in writing;
the court may—
“ancillary credit business ” has the meaning given by section 145(1);
“credit information services” is to be read in accordance with section 145(7B).
“payment” includes tender;
A person is not to be treated as carrying on a particular type of business merely because occasionally he enters into transactions belonging to a business of that type.
In sections ... 70(4), 73(4) and 75(2) . . . ‘costs’, in relation to proceedings in Scotland, means expenses.
Any provision of this Act requiring a document to be signed is complied with by a body corporate if the document is sealed by that body. This subsection does not apply to Scotland.
A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it.
For the purpose of the definitions of “authorised business overdraft agreement” and “authorised non-business overdraft agreement” article 60C(5) and (6) of the Regulated Activities Order applies.
An application dismissed by the court ... shall, if the court ... so certifies, be taken to be dismissed on technical grounds only.
Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
In this Act, except where otherwise indicated—
a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.
There shall be defrayed out of money provided by Parliament—
all expenses incurred by the Secretary of State in consequence of the provisions of this Act;
any expenses incurred in consequence of those provisions by any other Minister of the Crown or Government department;
any increase attributable to this Act in the sums payable out of money so provided under the Superannuation Act 1972 or the Fair Trading Act 1973.
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to receive applications, notices and fees ;
to maintain, and make available for inspection and copying, copies of entries in the register; and
to provide certified copies of entries in the register,
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Nothing in this Act shall authorise any Northern Ireland department to incur any expenses attributable to the provisions of this Act until provision has been made for those expenses to be defrayed out of money appropriated for the purpose.
The power of the Department of Commerce for Northern Ireland to make an order under section 178 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and any such order shall be subject to negative resolution within the meaning of the Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.
In this Act “enactment ” includes an enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly, and “Act ” shall be construed in a corresponding manner; and (without prejudice to section 189(6)) any reference in this Act to such an enactment shall include a reference to any enactment re-enacting it with or without modifications.
Section 38 of the Interpretation Act 1889 (effect of repeals) shall have the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland as it has in relation to the repeal of an Act of the Parliament of the United Kingdom, references in that section of the Act of 1889 to Acts and enactments being construed accordingly.
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The provisions of Schedule 3 shall have effect for the purposes of this Act.
The appointment of a day for the purposes of any provision of Schedule 3 shall be effected by an order of the Secretary of State made by statutory instrument; and any such order shall include a provision amending Schedule 3 so as to insert an express reference to the day appointed.
Subject to subsection (4)—
the enactments specified in Schedule 4 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act), and
the enactments specified in Schedule 5 are hereby repealed to the extent shown in column 3 of that Schedule.
The Secretary of State shall by order made by statutory instrument provide for the coming into operation of the amendments contained in Schedule 4 and the repeals contained in Schedule 5, and those amendments and repeals shall have effect only as provided by an order so made.
A green deal plan is to be treated as a consumer credit agreement for the purposes of this Act if (and only if)—
the property in relation to the plan is a domestic property at the time when the plan is commenced, or
if paragraph (a) does not apply, the occupier or owner of the property who makes the arrangement for the plan is an individual.
In the application of this Act to a green deal consumer credit agreement—
the creditor is to be treated as being—
the green deal provider (within the meaning of Chapter 1 of Part 1 of the Energy Act 2011) for the plan, or
the person to whom the provider’s rights and duties under the plan have passed by assignment or operation of law,
credit is to be treated as advanced under the agreement of an amount equal to the amount of the improvement costs, and
the advance of credit is to be treated as made on the completion of the installation of the energy efficiency improvements to the property (but this paragraph is subject to any term of the green deal plan providing that part of the advance is to be treated as made on completion of any part of the installation).
A reference in a provision of this Act listed in the first column of the table in Schedule 2A to the debtor is, in the application of the provision in relation to a green deal consumer credit agreement, to be read as a reference to— and except as provided by this subsection, a person is not and is not to be treated as the debtor in relation to the agreement.
a person who at the relevant time falls (or fell) within the description or descriptions specified in the corresponding entry in the second column of the table, or
if more than one description is specified and at the relevant time different persons fall (or fell) within the descriptions, each of those persons,
Where by virtue of subsection (3) a reference to the debtor in a listed provision is to be read as a reference to the improver, it is to be assumed in applying the provision in relation to the green deal consumer credit agreement that the improver is provided with credit on the terms of the green deal plan.
Where by virtue of subsection (3) a reference to the debtor in a listed provision is to be read as a reference to a person who is not the improver, it is to be assumed in applying the provision in relation to the green deal consumer credit agreement—
if the provision in question is any of sections 94 to 97A (which together make provision about early payment by the debtor), that the person is provided with credit on terms that the person is liable to pay all the instalments under the green deal plan;
in any other case, that the person is provided with credit on those terms of the green deal plan that bind or benefit the person for any period by virtue of regulations under section 6(2)(b) of the Energy Act 2011.
References in this section and in Schedule 2A to the “improver”, “first bill payer”, “current bill payer” and “previous bill payer” are to be read as follows—
a person is the “improver” if the person— but this is subject to section 189C(4) in cases where the person is not an individual;
is the owner or occupier of the property, and
is the person who makes (or has made or proposes to make) the arrangement for the green deal plan,
a person is the “first bill payer” if the person is liable to pay the energy bills for the property at the time when the green deal plan is commenced;
a person is the “current bill payer” if the person is liable by virtue of section 1(6)(a) of the Energy Act 2011 to pay instalments under the plan as a result of being for the time being liable to pay the energy bills for the property;
a person is a “previous bill payer” if, as a result of previously falling within paragraph (c) for an earlier period, the person has an outstanding payment liability under the plan in respect of that period.
References in this Act to a prospective consumer credit agreement, and references to the creditor and debtor in relation to such an agreement, are to be read in accordance with this section in the case of prospective green deal consumer credit agreements.
In this section and in section 189C—
“energy bill” has the same meaning as in section 1 of the Energy Act 2011;
“improvement costs”, in relation to a green deal plan, are the costs of the energy efficiency improvements to the property which are to be paid by instalments under the plan after the time when credit is to be treated as being advanced by virtue of subsection (2) (but ignoring any interest or other charges for credit in determining those costs);
This Act may be cited as the Consumer Credit Act 1974.
This Act extends to Northern Ireland.
A green deal consumer credit agreement is to be treated—
as an agreement for fixed-sum credit within the meaning of section 10(1)(b);
as a credit agreement for the purposes of sections 140A and 140B (and section 140C(1) is to be read accordingly).
Where a green deal consumer credit agreement is a regulated agreement within the meaning of this Act (see section 8(3)), it is to be treated as a restricted-use agreement that falls within section 11(1)(a).
Sections 81, 140C(2) and 176(5) do not apply in the case of a green deal consumer credit agreement.
A person who is not an individual is to be treated as the improver in relation to any listed provision in the first column of the table in Schedule 2A only if the corresponding entry in the second column of the table so specifies.
For the purposes of section 189B—
a green deal plan is commenced when—
the occupier or owner of the property signs in the prescribed manner a document in relation to the plan in accordance with section 61(1) (requirements as to form and content of regulated agreements), or
if the occupier or owner of the property does not sign such a document, the green deal plan is made;
a person is liable to pay the energy bills for a property at any time if the person would be treated as the bill payer for the property at that time for the purposes of Chapter 1 of Part 1 of the Energy Act 2011 (see section 2(3) and (10)).
For the period beginning on the date when this section comes into force and ending on 31st March 2014, the table in Schedule 2A is to be read as if it included the following entries— Section of this Act References to “debtor” are to be read as references to the… Sections 16, 16A, 16B, 16C - improver Section 20 - improver - first bill payer Section 40 - improver (including an improver who is not an individual) - current bill payer - previous bill payer Section 55A - improver - first bill payer, except for the purposes of subsection (1)(b) Section 55B - improver - first bill payer Section 82A - improver - current bill payer - previous bill payer Section 145 - current bill payer - previous bill payer Section 149 - improver (including an improver who is not an individual) - current bill payer - previous bill payer Section 160A - improver
This section ceases to have effect on 1st April 2014.
In this Schedule—
The Lord Chancellor shall appoint one of the members of the panel of chairmen to preside over the discharge of the Tribunal's functions. The person so appointed shall be known as the President of the Consumer Credit Appeals Tribunal. The Lord Chancellor may appoint one of the members of the panel of chairmen to be the Deputy President of the Consumer Credit Appeals Tribunal. The Deputy President shall have such functions in relation to the Tribunal as the President may assign to him. If the President or the Deputy President ceases to be a member of the panel of chairmen, he shall also cease to be the President or (as the case may be) the Deputy President. The functions of the President may, if he is absent or is otherwise unable to act, be discharged—
The Lord Chancellor shall appoint a panel of persons for the purpose of serving as chairmen of the Tribunal. A person shall not be appointed to the panel of chairmen unless he— The Lord Chancellor shall also appoint a panel of persons who appear to him to be qualified by experience or otherwise to deal with appeals of the kind that may be made to the Tribunal.
Each member of the panel of chairmen or the lay panel shall hold and vacate office in accordance with the terms of his appointment. The Lord Chancellor may remove a member of either panel from office on the ground of incapacity or misbehaviour. A member of either panel—
The Lord Chancellor may pay to a person in respect of his service— such remuneration and allowances as the Lord Chancellor may determine.
as the President or the Deputy President,
as a member of the Tribunal, or
as a person appointed under paragraph 7(4),
The Lord Chancellor may appoint such staff for the Tribunal as he may determine. The Lord Chancellor shall defray—
On an appeal to the Tribunal, the persons to act as members of the Tribunal for the purposes of the appeal shall be selected from the panel of chairmen or the lay panel. The selection shall be in accordance with arrangements made by the President for the purposes of this paragraph. Those arrangements shall provide for at least one member to be a person selected from the panel of chairmen. If it appears to the Tribunal that a matter before it involves a question of fact of special difficulty, it may appoint one or more experts to provide assistance.
The Tribunal shall sit at such times and in such places as the Lord Chancellor may direct.
Subject to sub-paragraph (2), the Tribunal may, on an appeal, consider any evidence that it thinks relevant, whether or not it was available to the OFT at the time it made the determination appealed against. Rules may make provision restricting the evidence that the Tribunal may consider on an appeal in specified circumstances.
Rules may include, amongst other things, provision—
about the withdrawal of appeals;
about persons who may appear on behalf of a party to an appeal;
about how an appeal is to be dealt with if a person acting as member of the Tribunal in respect of the appeal becomes unable to act;
setting time limits in relation to anything that is to be done for the purposes of an appeal or for such limits to be set by the Tribunal or a member of the panel of chairmen;
for time limits (including the period specified for the purposes of section 41(1) of this Act) to be extended by the Tribunal or a member of the panel of chairmen;
conferring powers on the Tribunal or a member of the panel of chairmen to give such directions to the parties to an appeal as it or he thinks fit for purposes connected with the conduct and disposal of the appeal;
about the holding of hearings by the Tribunal or a member of the panel of chairmen (including for such hearings to be held in private);
placing restrictions on the disclosure of information and documents or for such restrictions to be imposed by the Tribunal or a member of the panel of chairmen;
about the consequences of a failure to comply with a requirement imposed by or under any rule (including for the immediate dismissal or allowing of an appeal if the Tribunal or a member of the panel of chairmen thinks fit);
for proceedings on different appeals (including appeals with different appellants) to take place concurrently;
for the suspension of determinations of the OFT;
for the suspension of decisions of the Tribunal;
for the Tribunal to reconsider its decision disposing of an appeal where it has reason to believe that the decision was wrongly made because of an administrative error made by a member of its staff.
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The Tribunal shall decide an appeal by reference to the grounds of appeal set out in the notice of appeal. In disposing of an appeal the Tribunal may do one or more of the following— In the case of an appeal against a determination to impose a penalty, the Tribunal— Sub-paragraph (3) does not affect— Where the Tribunal remits a matter to the OFT, it may direct that the requirements of section 34 of this Act are not to apply, or are only to apply to a specified extent, in relation to the OFT's reconsideration of the matter. Subject to sub-paragraphs (7) and (8), where the Tribunal remits an application to the OFT, section 6(1) and (3) to (9) of this Act shall apply as if the application had not been previously determined by the OFT. In the case of a general notice which came into effect after the determination appealed against was made but before the application was remitted, the applicant shall provide any information or document which he is required to provide under section 6(6) within— In the case of— after the determination appealed against was made but before the application was remitted, any notification that is required to be given by the applicant under section 6(7) shall be given within the period of 28 days beginning with the day on which the application was remitted.
A decision of the Tribunal may be taken by majority. A decision of the Tribunal disposing of an appeal shall— Where the Tribunal disposes of an appeal it shall— The Tribunal may exclude from what it publishes under sub-paragraph (3)(b) information of a specified description.
Where the Tribunal disposes of an appeal and— it may order the OFT to pay to the appellant the whole or a part of the costs incurred by the appellant in relation to the appeal. In determining whether to make such an order, and the terms of such an order, the Tribunal shall have regard to whether it was unreasonable for the OFT to make the determination appealed against.
Where— it may order that party to pay to the other party the whole or a part of the costs incurred by the other party in relation to the appeal.
the Tribunal disposes of an appeal or an appeal is withdrawn before the Tribunal disposes of it, and
the Tribunal thinks that a party to the appeal acted vexatiously, frivolously or unreasonably in bringing the appeal or otherwise in relation to the appeal,
An order of the Tribunal under paragraph 14 or 15 may be enforced—
as if it were an order of the county court; or
in Scotland, as if it were an interlocutor of the Court of Session.
Section of this Act References to “debtor” are to be read as references to the… Section 19 - improver Section 55 - improver Section 55C - improver - first bill payer Section 56 - improver - first bill payer Section 57 - improver Section 59 - improver Sections 60 and 61 - improver (including an improver who is not an individual) Section 61A - improver Sections 62, 63, 64 - improver Section 65 - improver - current bill payer - previous bill payer Section 66A - improver Sections 67, 68, 69, 70, 71, 72, 73 - improver Section 75A - improver Sections 76 and 77 - current bill payer - previous bill payer Section 77A - current bill payer Section 77B - improver - current bill payer Section 78A - improver - current bill payer Section 80 - improver Section 82 - improver - current bill payer - previous bill payer Section 86 - current bill payer - previous bill payer Section 86E - current bill payer - previous bill payer Section 86F - current bill payer - previous bill payer Section 87 - current bill payer - previous bill payer Section 89 - current bill payer - previous bill payer Section 93 - current bill payer - previous bill payer Sections 94, 95, 95A, 95B, 96, 97, 97A - improver - current bill payer Section 98 - current bill payer - previous bill payer Sections 102, 103, 105, 107, 110, 113 - improver Sections 123, 124 - current bill payer - previous bill payer Section 127 - improver - current bill payer - previous bill payer Sections 128, 129, 130, 130A - current bill payer - previous bill payer Sections 140A, 140B, 140C - improver - current bill payer - previous bill payer Section 141(1), (2), (3A), (3B) - improver - current bill payer - previous bill payer Section 157 - improver - first bill payer Section 173 - improver - current bill payer - previous bill payer Section 179 - improver - first bill payer - current bill payer - previous bill payer Section 185(1), (2), (2A), (2B), (2C), (2D), (4) - current bill payer Section 187A - current bill payer - previous bill payer Section 189(1), so far as relating to definition of “security” - improver
Section 192.
The following section shall be inserted after section 7
At the end of section 9 insertFor the purposes of this section—
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The following section shall be inserted after section 4—
The following section shall be inserted after section 38—
In section 13 after “hire-purchase agreement ” insert “or a conditional sale agreement ”.
In section 17(1)— “conditional sale agreement ” means an agreement for the sale of goods which is a consumer credit agreement within the meaning of the Consumer Credit Act 1974 under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled ; “hire-purchase agreement ” means an agreement which is a consumer credit agreement within the meaning of the Consumer Credit Act 1974, other than a conditional sale agreement, under which—
In section 1(3), for paragraphs (a) and (b) substitute—
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In section 4 for subsections (4), (5) and (6), substitute—
For section 10 substitute—.
In section 64(I)— “conditional sale agreement ” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled ; “creditor ” means the person by whom goods are bailed or (in Scotland) hired under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of the law ; “hire-purchase agreement ” means an agreement, other than a conditional sale agreement, under which— “total price ” means the total sum payable by the person to whom goods are bailed or hired under a hire-purchase agreement or, as the case may be, the buyer under a conditional sale agreement including any sum payable on the exercise of an option to purchase but excluding any sum payable as a penalty or as compensation or damages for a breach of the agreement
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For section 26(3) substitute—
For section 94 substitute—
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For Part III substitute the following (which reproduces the existing provisions of that Part subject only to changes in terminology)—.
In section 1— In subsection (1) for “or credit-sale agreements, or under agreements for letting on hire ” substitute “conditional sale agreements, credit-sale agreements or hire agreements ” For subsection (2) substitute—
In section 2, for subsection (1) substitute—
In section 3, for subsection (4) substitute—
In section 10(1)— “conditional sale agreement ” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; “hire-purchase agreement ” means an agreement, other than a conditional sale agreement, under which— “trading stamp ” means a stamp which is, or is intended to be, delivered to any person on or in connection with either— Provided that a stamp shall not be deemed to be a trading stamp if—
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After section 38 insert the following new section—
In section 54(6)(c) after “36 ” insert “38A ”.
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In section 21(5)—
for “total purchase price or hire-purchase price ” substitute “total price ”; and
“conditional sale agreement ” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled, and “hire-purchase agreement ” means an agreement, other than a conditional sale agreement, under which—
For sections 8 to 12 substitute the following sections (which reproduce the existing provisions of those sections subject only to changes in terminology)—
For sections 14 and 15 substitute the following sections (which reproduce the existing provisions of those sections subject only to changes in terminology)—
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The following section shall be inserted after section 7:—
In section 1(3), for paragraph (a) and (b) substitute—
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In section 2, for subsection (1) substitute—.
In section 3, for subsection (4) substitute—
In section 9— “conditional sale agreement ” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled ; “hire-purchase agreement ” means an agreement, other than a conditional sale agreement, under which— “trading stamp ” means a stamp which is, or is intended to be, delivered to any person on or in connection with either— Provided that a stamp shall not be deemed to be a trading stamp if—
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For Part VI substitute the following (which reproduces the existing provisions of that Part subject only to changes in terminology)—.
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In section 1(2) for “VII ” where first occurring substitute “V ” and for “to VIII ” where secondly occurring substitute “and V ”.