Consumer Credit Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Consumer Credit Bill

Consumer Credit Bill
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(2)
In section 6 of that Act (which contains provision relating to applications) after
subsection (2) insert—
“(2A)
The application must also be accompanied—
(a)
in the case of an application for a licence or for the renewal of a
licence, by the charge payable by virtue of section 6A;
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(b)
in any other case, by the specified fee.”
(3)
In section 191(1)(a) of that Act (special provisions as to Northern Ireland) after
“notices” insert “, charges”.
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Applications for standard licences
After section 24 of the 1974 Act insert—
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“24A
Applications for standard licences
(1)
An application for a standard licence shall, in relation to each type of
business which is covered by the application, state whether the
applicant is applying—
(a)
for the licence to cover the carrying on of that type of business
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with no limitation; or
(b)
for the licence to cover the carrying on of that type of business
only so far as it falls within one or more descriptions of
business.
(2)
An application within subsection (1)(b) in relation to a type of business
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shall set out the description or descriptions of business in question.
(3)
References in this Part to a type of business are references to a type of
business within subsection (4).
(4)
The types of business within this subsection are—
(a)
a consumer credit business;
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(b)
a consumer hire business;
(c)
a business so far as it comprises or relates to credit brokerage;
(d)
a business so far as it comprises or relates to debt-adjusting;
(e)
a business so far as it comprises or relates to debt-counselling;
(f)
a business so far as it comprises or relates to debt-collecting;
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(g)
a business so far as it comprises or relates to debt
administration;
(h)
a business so far as it comprises or relates to the provision of
credit information services;
(i)
a business so far as it comprises or relates to the operation of a
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credit reference agency.
(5)
The OFT—
(a)
shall by general notice specify the descriptions of business
which can be set out in an application for the purposes of
subsection (2) in relation to a type of business;
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(b)
may by general notice provide that applications within
subsection (1)(b) cannot be made in relation to one or more of
the types of business within subsection (4)(c) to (i).

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(6)
The power of the OFT under subsection (5) includes power to make
different provision for different cases or classes of case.”
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Issue of standard licences
(1)
In section 25 of the 1974 Act (licensee to be a fit person) for subsection (1)
substitute—
5
“(1)
If an applicant for a standard licence—
(a)
makes an application within section 24A(1)(a) in relation to a
type of business, and
(b)
satisfies the OFT that he is a fit person to carry on that type of
business with no limitation,
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he shall be entitled to be issued with a standard licence covering the
carrying on of that type of business with no limitation.
(1AA)
If such an applicant—
(a)
makes an application within subsection (1)(b) of section 24A in
relation to a type of business, and
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(b)
satisfies the OFT that he is a fit person to carry on that type of
business so far as it falls within the description or descriptions
of business set out in his application in accordance with
subsection (2) of that section,

he shall be entitled to be issued with a standard licence covering the
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carrying on of that type of business so far as it falls within the
description or descriptions in question.
(1AB)
An applicant who fails, in relation to a type of business, to satisfy the
OFT as mentioned in subsection (1) or (1AA) shall be entitled to be
issued with a standard licence covering the carrying on of that type of
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business so far as it falls within one or more descriptions of business
if—
(a)
he satisfies the OFT that he is a fit person to carry on that type
of business so far as it falls within the description or
descriptions in question;
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(b)
he could have applied for the licence to be limited in that way;
and
(c)
the licence would not cover the doing of something which was
not covered by his application.
(1AC)
In this section ‘description of business’ means, in relation to a type of
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business, a description of business specified in a general notice under
section 24A(5)(a).
(1AD)
An applicant shall not, by virtue of this section, be issued with a licence
unless he satisfies the OFT that the name or names under which he has
applied to be licensed is or are not misleading or otherwise
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undesirable.”
(2)
For subsection (2) of that section substitute—
“(2)
In determining whether an applicant for a licence is a fit person for the
purposes of this section the OFT shall have regard to any matters
appearing to it to be relevant including (amongst other things)—
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(a)
the applicant’s skills, knowledge and experience in relation to
consumer credit businesses, consumer hire businesses or
ancillary credit businesses;
(b)
such skills, knowledge and experience of other persons who the
applicant proposes will participate in any business that would
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be carried on by him under the licence;
(c)
practices and procedures that the applicant proposes to
implement in connection with any such business;
(d)
evidence of the kind mentioned in subsection (2A).
(2A)
That evidence is evidence tending to show that the applicant, or any of
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the applicant’s employees, agents or associates (whether past or
present) or, where the applicant is a body corporate, any person
appearing to the OFT to be a controller of the body corporate or an
associate of any such person, has—
(a)
committed any offence involving fraud or other dishonesty or
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violence;
(b)
contravened any provision made by or under—
(i)
this Act;
(ii)
Part 16 of the Financial Services and Markets Act 2000 so
far as it relates to the consumer credit jurisdiction under
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that Part;
(iii)
any other enactment regulating the provision of credit to
individuals or other transactions with individuals;
(c)
contravened any provision in force in an EEA State which
corresponds to a provision of the kind mentioned in paragraph
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(b);
(d)
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
(e)
engaged in business practices appearing to the OFT to be
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deceitful or oppressive or otherwise unfair or improper
(whether unlawful or not).”
(3)
In subsection (3) of that section for “(2)” substitute “(2A)”.
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Guidance on fitness test
After section 25 of the 1974 Act insert—
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“25A
Guidance on fitness test
(1)
The OFT shall prepare and publish guidance in relation to how it
determines, or how it proposes to determine, whether persons are fit
persons as mentioned in section 25.
(2)
If the OFT revises the guidance at any time after it has been published,
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the OFT shall publish it as revised.
(3)
The guidance shall be published in such manner as the OFT thinks fit
for the purpose of bringing it to the attention of those likely to be
affected by it.
(4)
In preparing or revising the guidance the OFT shall consult such
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persons as it thinks fit.

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(5)
In exercising and performing its powers and duties by virtue of this
Part the OFT shall have regard to the guidance as most recently
published.”
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Variation of standard licences etc.
(1)
In section 30 of the 1974 Act (variation of licences by request) for subsection (1)
5
substitute—
“(1)
If it thinks fit, the OFT may by notice to the holder of a standard
licence—
(a)
in the case of a licence which covers the carrying on of a type of
business only so far as it falls within one or more descriptions of
10
business, vary the licence by—
(i)
removing that limitation;
(ii)
adding a description of business to that limitation; or
(iii)
removing a description of business from that limitation;
(b)
in the case of a licence which covers the carrying on of a type of
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business with no limitation, vary the licence so that it covers the
carrying on of that type of business only so far as it falls within
one or more descriptions of business;
(c)
vary the licence so that it no longer covers the carrying on of a
type of business at all;
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(d)
vary the licence so that a type of business the carrying on of
which is not covered at all by the licence is covered either—
(i)
with no limitation; or
(ii)
only so far as it falls within one or more descriptions of
business; or
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(e)
vary any term of the licence not relating to the activities it
covers.
(1A)
The OFT may vary a licence under subsection (1) only in accordance
with an application made by the holder of the licence.
(1B)
References in this section to a description of business in relation to a
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type of business—
(a)
are references to a description of business specified in a general
notice under section 24A(5)(a); and
(b)
in subsection (1)(a) (apart from sub-paragraph (ii)) include
references to a description of business that was, but is no longer,
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so specified.”
(2)
In subsection (1) of section 31 of that Act (compulsory variation of licences) for
“the licence should be varied” substitute “it should take steps mentioned in
subsection (1A)”.
(3)
After that subsection insert—
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“(1A)
Those steps are—
(a)
in the case of a standard licence, steps mentioned in section
30(1)(a)(ii) and (iii), (b), (c) and (e);
(b)
in the case of a group licence, the varying of terms of the
licence.”
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(4)
After subsection (7) of that section insert—
“(8)
If after a standard licence is issued or renewed there is a change in the
provision made under section 24A(5)—
(a)
subsection (1) of this section shall have effect in relation to the
licence as if an application could be made for the renewal or
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further renewal of the licence on the same terms
notwithstanding that change; and
(b)
accordingly the OFT has no power to proceed under this section
by reason of that change.”
(5)
In section 32 of that Act (suspension and revocation of licences) after
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subsection (8) insert—
“(9)
The OFT has no power to revoke or to suspend a standard licence
because a person can no longer apply for the renewal of such a licence
on terms which are the same as the terms of the licence in question.”
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Winding-up of standard licensee’s business
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(1)
After section 34 of the 1974 Act insert—
“34A
Winding-up of standard licensee’s business
(1)
Where the OFT determines to take a step falling within subsection (2)
in relation to a standard licence, it may, if it thinks fit, defer the taking
of that step for the purpose of enabling the licensee to transfer or
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otherwise to wind up his business or any part of his business.
(2)
The steps falling within this subsection are—
(a)
the refusal of an application for the renewal of the licence;
(b)
the renewal of the licence in terms different to those applied for;
(c)
the variation of the licence under section 31;
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(d)
the suspension or revocation of the licence.
(3)
If the OFT thinks fit, the effect of such a deferral—
(a)
may be limited to specified activities or to activities of specified
descriptions;
(b)
may be conditional on the doing of specified acts by the
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licensee.
(4)
Such a deferral shall have effect for such period as the OFT may specify;
and different periods may be specified in relation to different activities
or to activities of different descriptions.
(5)
The OFT may—
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(a)
defer the taking of a step falling within subsection (2) in relation
to a licence only on the application of the licensee; and
(b)
require the licensee’s application to be made (if one is to be
made at all) within the period of 21 days beginning with the day
on which the OFT gives the licensee a notice under this
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subsection or within such longer period as the OFT may allow.
(6)
If the licensee makes an application, unless the OFT determines to defer
the taking of the step falling within subsection (2) in accordance with
the application, it shall, before determining it, by notice—

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(a)
inform the licensee, giving its reasons, that (as the case may be)
it is minded to refuse the application, or to grant it in terms
different from those applied for, describing them; and
(b)
invite the licensee to submit to the OFT representations in
support of his application in accordance with section 34.
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(7)
The OFT may—
(a)
give a notice under subsection (5), and
(b)
consider (in whole or in part) the licensee’s application,

before it determines whether to take the step falling within subsection
(2).
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(8)
Accordingly the OFT may, before it determines whether to take the step
falling within subsection (2), do (in whole or in part) anything that it
must do under subsection (6) or section 34(1) or (2) in relation to the
licensee’s application.”
(2)
Sections 29(5) and 32(5) of that Act (which give the OFT power to give
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directions allowing licensees to carry agreements into effect) shall cease to have
effect.
(3)
In the Table in section 41 of that Act (appeals) before the entry relating to
“refusal to make order under section 40(2) in accordance with terms of
application” insert the following entry—
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“Refusal under section
The applicant.”

34A to defer the taking of

steps in accordance with

terms of application.

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Consequential amendments relating to ss. 27 to 32
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(1)
In section 21(1) of the 1974 Act (businesses needing a licence) for “consumer
hire business” substitute “a consumer hire business or an ancillary credit
business”.
(2)
In section 22 of that Act (standard and group licences) after subsection (5)
insert—
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“(5A)
A group licence to carry on a business may limit the activities it covers
in any way the OFT thinks fit.”
(3)
In subsection (1) of section 23 of that Act (authorisation of specific activities) for
“this section” substitute “the terms of the licence”.
(4)
In subsection (4) of that section for “Regulations may be made specifying”
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substitute “The OFT may by general notice specify”.
(5)
After section 27 of that Act insert—
“27A
Standard licences held by consumer credit EEA firms
(1)
A consumer credit EEA firm shall not be entitled to hold a standard
licence which covers any permitted activities.
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(2)
Accordingly—

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(a)
for the purposes of an application made by a consumer credit
EEA firm for a standard licence, sections 24A and 25 shall have
effect as if references to a type of business were references to a
type of business excluding all permitted activities;
(b)
a standard licence issued to such a firm shall include a term
5
which has the effect of excluding from the licence all permitted
activities (an ‘EEA exclusion term’); and
(c)
for the purposes of a standard licence which has an EEA
exclusion term, section 30(1) (including as applied by section
31(1A)) shall have effect as if references to a type of business
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were references to a type of business excluding all activities
within the scope of that term.
(3)
Where a standard licence has been issued to a consumer credit EEA
firm and—
(a)
there is a change in the firm’s permitted activities in
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consequence of which the licence covers a permitted activity,
and
(b)
the OFT is notified by either the firm or the Financial Services
Authority of that change,

the OFT shall by notice to the firm vary the licence’s EEA exclusion
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term so as to secure compliance with subsection (1).
(4)
Where a standard licence has been issued to a consumer credit EEA
firm and—
(a)
there is a change in the firm’s permitted activities in
consequence of which an activity that was a permitted activity
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is no longer a permitted activity, or
(b)
the firm ceases to be a consumer credit EEA firm,

the OFT may, if it thinks fit, by notice to the firm vary the licence’s EEA
exclusion term so as to remove the activity mentioned in paragraph (a)
from the scope of the term or, in a case within paragraph (b), vary the
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licence so as to remove the EEA exclusion term.
(5)
Subsections (1A) and (4) of section 30 shall apply in relation to a
variation of a standard licence under subsection (4) of this section as
they apply in relation to a variation of a standard licence under that
section.
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(6)
In this section ‘permitted activity’ means, in relation to a consumer
credit EEA firm, an activity for which the firm has, or could obtain,
permission under paragraph 15 of Schedule 3 to the Financial Services
and Markets Act 2000.”
(6)
In the Table in section 41 of that Act (appeals) in the entry relating to “refusal
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to make order under section 40(2) in accordance with terms of application”
after “40(2)” insert “, 148(2) or 149(2)”.
(7)
In sections 194(3) and 203(4) of the 2000 Act (powers of intervention and
prohibition) for “(a) to (d) of section 25(2)” substitute “(a) to (e) of section
25(2A)”.
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(8)
In section 203(10) of that Act (definitions relating to Consumer Credit Act
businesses) in the definition of “associate” for “25(2)” substitute “25(2A)”.