S.C.E.
Amendment Paper as at
Thursday 27th January 2005
STANDING COMMITTEE E
New Amendments handed in are marked thus *
CONSUMER CREDIT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [25th January 2005].
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
27
Clause 30, page 22, line 46, at end insert ', and shall have regard to the regulations issued by the Secretary of State.'.
Mr Gerry Sutcliffe
3
Clause 31, page 24, line 2, leave out subsection (8) and insert—
'(8) Subsection (1) shall have effect in relation to a standard licence as if an application could be made for the renewal or further renewal of the licence on the same terms (except as to expiry) even if such an application could not be made because of provision made in a general notice under section 24A(5).
(9) Accordingly, in applying subsection (1AA) of section 25 in relation to the licence for the purposes of this section, the OFT shall treat references in that subsection to the description or descriptions of business in relation to a type of business as references to the description or descriptions of business included in the licence in relation to that type of business, notwithstanding that provision under section 24A(5).'.
Mr Gerry Sutcliffe
4
Clause 31, page 24, line 13, leave out 'because a person can no longer' and insert 'simply because, by virtue of provision made in a general notice under section 24A(5), a person cannot'.
Mr Gerry Sutcliffe
7
Clause 32, page 24, line 20, after 'step', insert 'for such period as it thinks fit'.
Mr Gerry Sutcliffe
5
Clause 32, page 24, line 27, leave out subsections (3) and (4) and insert—
'(3) Subject to subsection (4), where the OFT defers the taking of a step falling within subsection (2), the licence shall continue in effect for the period of the deferral—
| (a) | on the same terms (disregarding the OFT's determination to take the step falling within subsection (2)); or |
| (b) | in the case of a step falling within subsection (2)(b), on the terms applied for; |
and, in the case of a step falling within subsection (2)(a) or (b), notwithstanding that apart from this subsection the licence would expire before the end of the period of the deferral.
(4) Where the OFT defers the taking of a step falling within subsection (2), it may—
| (a) | specify activities or descriptions of activities which are to be excluded from the activities authorised to be carried on by virtue of subsection (3); |
| (b) | specify requirements which must be complied with by the licensee during the period of the deferral in relation to the activities authorised to be carried on by virtue of that subsection; |
| (c) | terminate the period of the deferral if the licensee fails to comply with a requirement specified under paragraph (b). |
(4A) Under subsection (4)(a) an activity may be excluded for the whole of the period of the deferral or for only a specified part of it.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
32
Clause 34, page 27, line 39, at end insert—
'(1E) In all cases, the OFT shall state its reason for allowing for a limited period only, when the application was for an indefinite period, and those reasons shall be consistent with the guidelines the OFT itself sets out.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
46
Clause 38, page 30, line 30, leave out from first 'licensee' to end of line.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
33
Clause 42, page 33, line 27, leave out subsection (3) and insert—
'(3) The OFT shall have the duty to take all reasonable steps to ensure that the revised guidance is brought to the attention of those likely to be affected by it.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
34
Clause 42, page 33, line 31, at end insert ', which shall include a representative sample of those likely to be affected by it.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
35
Clause 47, page 38, line 27, at end insert—
'(7A) It shall be the duty of the OFT to take all reasonable steps to ensure that its own officers, or those of the enforcement agency, shall, when entering and while on the premises by virtue of this section, at all times behave in a reasonable and professional manner.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
28
Page 39, line 11, leave out Clause 48.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
36
Clause 51, page 42, line 43, at end add—
'(9) The OFT shall maintain a record of all visits to premises carried out by virtue of the relevant sections of this Act, and those records shall be made available to the appeal authorities set up by this Act.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
37
Clause 52, page 43, line 16, at end insert 'This amount may be altered by the Secretary of State by Statutory Instrument.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
38
Clause 52, page 43, line 23, after 'OFT', insert 'through the courts'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
39
Clause 53, page 43, line 41, leave out 'and'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
40
Clause 53, page 44, line 3, at end insert '; and informing him of his right of appeal against this penalty.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
41
Clause 53, page 44, line 11, at end insert—
| '(c) | the effect such a penalty will have on the ability of the person to continue to run the business.'. |
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
42
Clause 54, page 44, line 34, at end insert ', who shall have the power to order that the statement of policy shall be amended if he is not satisfied with it.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
43
Clause 54, page 44, line 39, at end insert ', which shall include a representative sample of those likely to be affected by it.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
48
Schedule 1, page 55, line 24, at end insert 'or for any other reasonable reason, providing that reason is stated.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
47
Clause 56, page 45, line 21, at end insert—
'( ) There shall be the right of appeal against any ruling made by the OFT to the Consumer Credit Appeals Tribunal available to every licensee.'.
Mr Laurence Robertson
Gregory Barker
Mr Ian Liddell-Grainger
Alistair Burt
44
Clause 60, page 49, line 41, at end add—
'(16) No licensee shall have to pay to the Ombudsman or its scheme operator any money until such time as the case is decided against him.'.
Mr Gerry Sutcliffe
6
Clause 62, page 51, line 3, leave out '1' and insert '1(1)'.
NEW CLAUSES
Credit-token specification
Mr James Plaskitt
Chris Bryant
NC1
To move the following Clause:—
'After section 14 of the 1974 Act insert—
"14A Credit-token specification
A person carrying on a consumer credit business and providing a credit-token agreement to an individual must specify in the agreement the type of credit token that will be provided and may not provide other additional credit-tokens, including cheques, that may be used to draw on credit accounts without the agreement of the debtor.".'.
Prohibition of unsolicited credit-token applications
Chris Bryant
NC2
To move the following Clause:—
'After section 51 of the 1974 Act insert—
"51A Prohibition of unsolicited credit-token applications
(1) It is an offence to give a person an application form for a credit-token unless he has specifically requested it.
(2) To comply with subsection (1), a request must be made by the person making the request either by way of—
| (a) | a document signed by that person; or |
| (b) | a recorded telephone call by that person to the person or company offering the credit-token.".'. |
