|
| |
|
(2) | In section 227(2)(e) of the 2000 Act (conditions for exercise of voluntary |
| |
jurisdiction) after “jurisdiction” insert “or the consumer credit jurisdiction”. |
| |
(3) | In sections 228(1) and 229(1) of that Act (determinations and awards by |
| |
ombudsman) after “jurisdiction” insert “and to the consumer credit |
| |
| 5 |
(4) | In subsection (4) of section 229 of that Act (awards by ombudsman) after |
| |
“specify” insert “for the purposes of the compulsory jurisdiction”. |
| |
(5) | After that subsection insert— |
| |
“(4A) | The scheme operator may specify for the purposes of the consumer |
| |
credit jurisdiction the maximum amount which may be regarded as fair |
| 10 |
compensation for a particular kind of loss or damage specified under |
| |
| |
(6) | In subsection (8)(b) of that section after “17” insert “or (as the case may be) Part |
| |
| |
(7) | For subsection (11) of that section substitute— |
| 15 |
| |
(a) | for the purposes of the compulsory jurisdiction, specified in |
| |
compulsory jurisdiction rules; |
| |
(b) | for the purposes of the consumer credit jurisdiction, specified in |
| |
| 20 |
(12) | Consumer credit rules under this section may make different provision |
| |
| |
(8) | In section 230 of that Act (costs)— |
| |
(a) | in subsection (1) after “jurisdiction” insert “or the consumer credit |
| |
| 25 |
(b) | in subsection (7) after “17” insert “or (as the case may be) paragraph |
| |
| |
(9) | In section 353(1) of that Act (power to permit disclosure of information) after |
| |
| |
“(aa) | by the scheme operator to the Office of Fair Trading for the |
| 30 |
purpose of assisting or enabling that Office to discharge |
| |
prescribed functions under the Consumer Credit Act 1974;”. |
| |
(10) | In Schedule 17 to that Act (the ombudsman scheme)— |
| |
(a) | in paragraph 3(4) after “227” insert “, the function of making consumer |
| |
credit rules, the function of making determinations under section |
| 35 |
| |
(b) | in paragraph 7(2) after “compulsory jurisdiction” insert “, functions in |
| |
relation to its consumer credit jurisdiction”; |
| |
(c) | in paragraph 9(3) after “compulsory” insert “, consumer credit”; |
| |
(d) | in paragraphs 10(1) and 11 after “jurisdiction” insert “or to the |
| 40 |
consumer credit jurisdiction”. |
| |
|
| |
|
| |
|
| |
62 | Monitoring of businesses by OFT |
| |
In section 1 of the 1974 Act (general functions of OFT) after paragraph (b) |
| |
| |
“(ba) | to monitor, as it sees fit, businesses being carried on under |
| 5 |
| |
63 | Determinations etc. by OFT |
| |
For section 183 of the 1974 Act (determinations etc. by OFT) substitute— |
| |
“183 | Determinations etc. by OFT |
| |
(1) | The OFT may vary or revoke any determination made, or direction |
| 10 |
given, by it under this Act. |
| |
(2) | Subsection (1) does not apply to— |
| |
(a) | a determination to issue, renew or vary a licence; |
| |
(b) | a determination to extend a period under section 28B or to |
| |
refuse to extend a period under that section; |
| 15 |
(c) | a determination to end a suspension under section 33; |
| |
(d) | a determination to defer the taking of a step under section 34A; |
| |
(e) | a determination to make an order under section 40(2), 148(2) or |
| |
| |
(f) | a determination mentioned in column 1 of the Table in section |
| 20 |
| |
| |
In section 190(2) of the 1974 Act (fees received by OFT to be paid into the Consolidated |
| |
Fund) after “fees” insert “, charges, penalties or other sums”. |
| |
| 25 |
| |
| |
“the 1974 Act” means the Consumer Credit Act 1974 (c. 39); |
| |
“the 2000 Act” means the Financial Services and Markets Act 2000 (c. 8). |
| |
| 30 |
There shall be payable out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown or the Office of Fair |
| |
Trading by virtue of this Act; and |
| |
(b) | any increase attributable to this Act in the sums payable out of money so |
| |
provided by virtue of any other Act. |
| 35 |
|
| |
|
| |
|
67 | Consequential amendments |
| |
(1) | The Secretary of State may by order made by statutory instrument make such |
| |
| |
(a) | any Act or subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978 (c. 30)), or |
| 5 |
(b) | any Northern Ireland legislation or instrument made under such |
| |
| |
| as he thinks fit in consequence of any provision of this Act. |
| |
(2) | An order under this section may include transitional or transitory provisions |
| |
| 10 |
(3) | A statutory instrument containing an order under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
68 | Transitional provision and savings |
| |
(1) | Schedule 3 (which sets out transitional provision and savings) has effect. |
| |
(2) | The Secretary of State may by order made by statutory instrument make such |
| 15 |
transitional or transitory provisions and savings as he thinks fit in connection |
| |
with the coming into force of any provision of this Act. |
| |
(3) | An order under this section may (amongst other things)— |
| |
(a) | where a provision of this Act is brought into force for limited purposes |
| |
only, make provision about how references in Schedule 3 to the |
| 20 |
commencement of that provision are to apply; |
| |
(b) | make provision for or in connection with the application of any |
| |
provision of this Act in relation to— |
| |
(i) | things existing or done, or |
| |
(ii) | persons who have done something or in relation to whom |
| 25 |
| |
| before the coming into force of that provision. |
| |
(4) | An order under this section may— |
| |
(a) | modify any Act or any subordinate legislation (within the meaning of |
| |
the Interpretation Act 1978); |
| 30 |
(b) | modify any Northern Ireland legislation or any instrument made under |
| |
| |
(c) | make different provision for different cases. |
| |
(5) | Schedule 3 does not restrict the power under this section to make transitional |
| |
or transitory provisions or savings. |
| 35 |
| |
The enactments and instruments set out in Schedule 4 are repealed or revoked |
| |
to the extent shown in that Schedule. |
| |
70 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Consumer Credit Act 2005. |
| 40 |
|
| |