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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Tuesday 1st March 2005


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

CONSUMER CREDIT BILL, AS AMENDED


NEW CLAUSES

Disapplication of section 101 of the 1974 Act

   

Ms Secretary Hewitt

NC1

To move the following Clause:—

    '(1)   In section 101 of the 1974 Act (right of hirer to terminate regulated consumer hire agreement) after subsection (8) insert—

    "(8A)   If it appears to the OFT that it would be in the interests of hirers to do so, it may by general notice direct that, subject to such conditions (if any) as it may specify, this section shall not apply to a consumer hire agreement if the agreement falls within a specified description; and this Act shall have effect accordingly."

    (2)   In subsection (8) of that section for the words from "this section" onwards substitute ", subject to such conditions (if any) as it may specify, this section shall not apply to consumer hire agreements made by the applicant; and this Act shall have effect accordingly".'.


Maximum levels of interest and other charges

   

Adam Price
Mr Michael Weir

NC2

To move the following Clause:—

    '(1)   The Office of Fair Trading shall publish, at least annually, the range of interest rates and ancillary charges currently on the market for specified products.

    (2)   The Office of Fair Trading shall, within 14 days of publishing the information provided for under subsection (1)—

(a) publish court rulings and details of cases brought before the ombudsman concerning levels of interest rates and ancillary charges for agreements deemed unfair under section 19, and

(b) present to the Secretary of State a report on the conclusions it has come to and the recommendations it has decided to make as a result of its consideration of these findings.

    (3)   Where, on receipt of the report from the Office of Fair Trading, the Secretary of State considers that the cost of credit for any particular product, or within any sector of the consumer credit market, taken together with any charges made for ancillary services usually sold together with regulated agreements, are causing widespread consumer detriment, he may by order introduce regulations requiring the Office of Fair Trading to set out maximum permitted levels of interest and other charges for particular products or in particular sectors of the consumer credit market.

    (4)   Regulations as provided for under subsection (3) may not be laid unless the Secretary of State has first published a notice of intention to do so, and not less than 52 weeks have elapsed since the publication of such notice.

    (5)   During the period of the notice, the Office of Fair Trading shall—

(a) consult with industry and consumer bodies concerning the possible effects of the introduction of a maximum permitted level of interest, and

(b) make a report to the Secretary of State concerning the consultation responses and the conclusions it has come to and the recommendations it has decided to make concerning the issues raised by the responses.

    (6)   Where a creditor charges a rate of interest or makes a charge that is in excess of any permitted maximum imposed under subsection (3), then the agreement will be unlawful and unenforceable against the debtor and the creditor shall be liable for a civil penalty.

    (7)   Regulations introduced under subsection (3) may provide for maximum levels of interest and other charges to be—

(a) reviewed at such times as the Secretary of State thinks fit, and

(b) revised in line with changes to the Bank of England Base Lending Rate or as considered appropriate and recommended by the Office of Fair Trading following the consultation provided for in subsection (5).'.


Data Protection Act 1998 (c. 29)

   

Mr Laurence Robertson
Mr Stephen O'Brien
Mr Ian Liddell-Grainger
Gregory Barker

NC3

*To move the following Clause:—

'In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes of the first principle: processing of any personal data), in paragraph (1), at the end insert—

  "Implicit in this consent will be access to all or any relevant historic data records held by the data processor.".'.


Standard method for the calculation of interest accrued

   

Malcolm Bruce
Dr Jenny Tonge

NC4

*To move the following Clause:—

    '(1)   The Office of Fair Trading shall consult financial agencies and produce a standard method for the calculation of interest accrued to enable direct comparison between products.'.


Further duties of the Office of Fair Trading

   

Malcolm Bruce
Dr Jenny Tonge

NC5

*To move the following Clause:—

    '(1)   The Office of Fair Trading (OFT) shall periodically, and at least annually, publish the range of interest rates and ancillary charges on the market for specified products.

    (2)   The OFT shall publish court rulings and details of cases brought before the ombudsman on levels of interest rates and ancillary charges for agreements deemed unfair under section 19 and report on these findings to the Secretary of State.'.


   

Ms Secretary Hewitt

1

Page     5,     line     31     [Clause     6],     leave out 'on the day' and insert 'immediately'.

   

Ms Secretary Hewitt

2

Page     5,     line     34     [Clause     6],     leave out first 'on' and insert 'at the end of'.


   

Ms Secretary Hewitt

3

Page     9,     line     29     [Clause     11],     leave out 'on the day' and insert 'immediately'.

   

Ms Secretary Hewitt

4

Page     9,     line     31     [Clause     11],     leave out 'on' and insert 'at the end of'.


   

Ms Secretary Hewitt

5

Page     11,     line     27     [Clause     16],     at end insert—

    '( )   In section 32(1) of the Sheriff Courts (Scotland) Act 1971 (c.58) (regulation of civil procedure in sheriff court) after paragraph (l) insert—

"(m) permitting the debtor or hirer in proceedings for—

(i) a time order under section 129 of the Consumer Credit Act 1974 (time orders), or

(ii) variation or revocation, under section 130(6) of that Act (variation and revocation of time orders), of a time order made under section 129,

to be represented by a person who is neither an advocate nor a solicitor."

    ( )   In section 32(2B) of the Solicitors (Scotland) Act 1980 (c.46) (offence for unqualified persons to prepare certain documents)—

(a) after "represent" insert "—(a)";

(b) after "cause" insert—

"(b) a debtor or hirer in proceedings for—

(i) a time order under section 129 of the Consumer Credit Act 1974 (time orders); or

(ii) variation or revocation, under section 130(6) of that Act (variation and revocation of time orders), of a time order made under section 129".'.


   

Ms Secretary Hewitt

6

Page     12,     line     11     [Clause     17],     leave out 'on the day' and insert 'immediately'.

   

Ms Secretary Hewitt

7

Page     12,     line     12     [Clause     17],     leave out first 'on' and insert 'at the end of'.


   

Malcolm Bruce
Dr Jenny Tonge

21

*Page     13,     line     19     [Clause     19],     at end insert—

    '(2A)   For the purposes of this section, an agreement shall be automatically unfair if the court determines that—

(a) at the time of making the agreement the debtor could not reasonably have been expected to maintain the level of payments required under the agreement; or

(b) the lender made inadequate attempts to determine the financial circumstances of the borrower at the time of entering into an agreement.'.

   

Ms Secretary Hewitt

8

Page     13,     line     25     [Clause     19],     leave out 'one or more' and insert 'all or any of the'.


   

Ms Secretary Hewitt

9

Page     18,     line     33     [Clause     26],     leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.

   

Ms Secretary Hewitt

10

Page     18,     line     41     [Clause     26],     leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.


   

Ms Secretary Hewitt

11

Page     19,     line     4     [Clause     26],     leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.

   

Ms Secretary Hewitt

12

Page     19,     line     21     [Clause     26],     at end insert—

    '(8)   This section (apart from subsection (1)) does not apply to a regulated agreement made by a person if by virtue of section 21(2) or (3) he was not required to be licensed to make the agreement.

    (9)   Subsection (1) does not apply to the enforcement of a regulated agreement by a person if by virtue of section 21(2) or (3) he is not required to be licensed to enforce the agreement.'.

   

Ms Secretary Hewitt

13

Page     19,     line     22     [Clause     26],     leave out subsection (5).



 
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