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Consumer Credit Bill


Consumer Credit Bill
Schedule 3 — Transitional Provision and Savings

66

 

      (2)  

Paragraph 12(6) of Schedule A1 to the 1974 Act does not apply in relation to

applications so made.

24         

A person is not required by section 36A of the 1974 Act to do anything in

relation to an application made by him before the commencement of section

45 of this Act.

5

Civil penalties

25    (1)  

The OFT shall prepare and publish the statement of policy required by

section 39C of the 1974 Act as soon as practicable after the commencement

of section 54 of this Act.

      (2)  

The requirements of subsection (5) of section 39C may be satisfied in relation

10

to the preparation of that statement of policy by steps taken wholly or partly

before the commencement of section 54.

Appeals

26    (1)  

A person who—

(a)   

immediately before the commencement of section 55 of this Act is a

15

member of a panel established under regulation 24 of the appeals

regulations, and

(b)   

at the time of his appointment to that panel fell within paragraph

(2)(a) of that regulation,

           

shall be treated as having been appointed to the panel of chairmen on the

20

day of the commencement of section 55.

      (2)  

A person who—

(a)   

immediately before the commencement of section 55 is a member of

a panel established under regulation 24 of the appeals regulations,

and

25

(b)   

is not to be treated as having been appointed to the panel of chairmen

in accordance with sub-paragraph (1),

           

shall be treated as having been appointed to the lay panel on the day of the

commencement of section 55.

      (3)  

A person who is to be treated as having been appointed to the panel of

30

chairmen or to the lay panel in accordance with this paragraph shall, subject

to paragraph 4(2) and (3) of Schedule A1 to the 1974 Act, hold office as a

member of the panel in question—

(a)   

for the remainder of the period for which he was appointed under

regulation 24 of the appeals regulations; and

35

(b)   

on the terms on which he was so appointed (except as to the renewal

of his appointment).

      (4)  

In this paragraph—

“appeals regulations” means the Consumer Credit Licensing (Appeals)

Regulations 1998 (S.I. 1998/1203);

40

“lay panel” and “panel of chairmen” have the same meanings as in

Schedule A1 to the 1974 Act.

27    (1)  

Neither—

(a)   

subsections (1) and (2) of section 56 of this Act, nor

 

 

Consumer Credit Bill
Schedule 4 — Repeals

67

 

(b)   

the repeal by this Act of subsections (2) to (5) of section 41 of the 1974

Act,

           

has effect in relation to determinations of the OFT made before the

commencement of section 56.

      (2)  

This Act, so far as it repeals section 11 of the Tribunals and Inquiries Act 1992

5

(c. 53), has no effect in relation to such determinations so made.

      (3)  

The repeal by this Act of paragraph 27(2) of Schedule 25 to the Enterprise Act

2002 (c. 40) has no effect in relation to such determinations so made.

28         

Neither subsection (1) nor (4)(a) of section 58 of this Act has effect in relation

to determinations of the OFT made before the commencement of that

10

section.

Ombudsman scheme

29         

Section 1 of this Act shall have no effect for the purposes of section

226A(4)(a) of the 2000 Act in relation to a complaint which relates to an act

or omission occurring before the commencement of section 1.

15

Schedule 4

Section 69

 

Repeals

 

Act or instrument

Extent of repeal

 
 

Consumer Credit Act 1974

In section 2(7), the words “or 150”.

 
 

(c. 39)

In section 6(2), the words “and must be

 

20

  

accompanied by the specified fee”.

 
  

Section 8(2).

 
  

In section 15, subsection (1)(c) and the “and”

 
  

immediately preceding it.

 
  

Section 16(7).

 

25

  

Section 22(9) and (10).

 
  

Section 23(2).

 
  

Section 25(1A).

 
  

Section 29(5).

 
  

Section 32(5).

 

30

  

Section 36(6).

 
  

In section 40(6), the words “, other than a non-

 
  

commercial agreement,”.

 
  

In section 41—

 
  

(a)   

subsections (2) to (5); and

 

35

  

(b)   

in the Table the entry relating to “refusal

 
  

to give directions in respect of licence

 
  

under section 29(5) or 32(5)”.

 
  

Section 43(3)(a).

 
  

In section 127—

 

40

  

(a)   

in subsection (1) the words “(subject to

 
  

subsections (3) and (4))”; and

 
  

(b)   

subsections (3) to (5).

 
  

Sections 137 to 140.

 
  

In section 146(6), the words “a debt arising

 

45

  

under”.

 
 

 

Consumer Credit Bill
Schedule 4 — Repeals

68

 
 

Act or instrument

Extent of repeal

 
 

Consumer Credit Act 1974

In section 147—

 
 

(c. 39)—cont.

(a)   

subsection (1); and

 
  

(b)   

in subsection (2) the words “(as applied

 
  

by subsection (1))”.

 

5

  

Section 150.

 
  

In section 162—

 
  

(a)   

in subsection (1)(b)(i), the words “books

 
  

or”;

 
  

(b)   

in subsection (1)(b), the words “and take

 

10

  

copies of, or of any entry in, the books or

 
  

documents”;

 
  

(c)   

in subsections (1)(d) and (e), (2) and (3)

 
  

the word “books”; and

 
  

(d)   

subsection (7).

 

15

  

Section 171(7).

 
  

In section 181—

 
  

(a)   

in subsection (1) the words “43(3)(a),”

 
  

and the words “139(5) and (7),”; and

 
  

(b)   

in subsection (2) the words “43(3)(a),”

 

20

  

and the words “or 139(5) or (7)”.

 
  

In section 185(3), the words “or 127(3)”.

 
  

In section 189(1)—

 
  

(a)   

in the definition of “licence” the words

 
  

“(including” onwards; and

 

25

  

(b)   

the definition of “personal credit

 
  

agreement”.

 
  

In Schedule 2, in Part 1, the entry relating to

 
  

“personal credit agreement”.

 
 

Bankruptcy (Scotland) Act 1985

In section 61(6), the words from the beginning

 

30

 

(c. 66)

to “but”.

 
 

Insolvency Act 1986 (c. 45)

In section 343(6), the words from the beginning

 
  

to “But”.

 
 

Insolvency (Northern Ireland)

Article 316(6).

 
 

Order 1989 (S.I. 1989/2405

  

35

 

(N.I. 19))

  
 

Tribunals and Inquiries Act

In section 11—

 
 

1992 (c. 53)

(a)   

subsection (6);

 
  

(b)   

in subsection (7)(a), the words from “on

 
  

an appeal” to “Scotland” in the third

 

40

  

place where it occurs; and

 
  

(c)   

in subsection (8), the words from “and in

 
  

relation to” to “Northern Ireland” in the

 
  

third place where it occurs.

 
 

Enterprise Act 2002 (c. 40)

In Schedule 25, paragraphs 6(18)(b) and 27(2).

 

45

 

 

 
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