Consumer Credit Bill

House of Commons

Session 2005 - 06
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Consumer Credit Bill

Consumer Credit Bill
Schedule 1 — Schedule A1 to the 1974 Act
55

Schedules
Schedule 1
Section 55

Schedule A1 to the 1974 Act
SCHEDULE A1
The Consumer Credit Appeals Tribunal
5
Part 1
Interpretation
1
In this Schedule—
“the Deputy President” means the Deputy President of the Consumer
Credit Appeals Tribunal;
10
“lay panel” means the panel established under paragraph 3(3);
“panel of chairmen” means the panel established under paragraph 3(1);
“party” means, in relation to an appeal, the appellant or the OFT;
“the President” means the President of the Consumer Credit Appeals
Tribunal;
15
“rules” means rules under section 40A(3) of this Act;
“specified” means specified by rules.
Part 2
The Tribunal
The President and the Deputy President
20
2     (1)
The Lord Chancellor shall appoint one of the members of the panel of
chairmen to preside over the discharge of the Tribunal’s functions.
      (2)
The person so appointed shall be known as the President of the Consumer
Credit Appeals Tribunal.
      (3)
The Lord Chancellor may appoint one of the members of the panel of
25
chairmen to be the Deputy President of the Consumer Credit Appeals
Tribunal.
      (4)
The Deputy President shall have such functions in relation to the Tribunal as
the President may assign to him.
      (5)
If the President or the Deputy President ceases to be a member of the panel
30
of chairmen, he shall also cease to be the President or (as the case may be) the
Deputy President.

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Schedule 1 — Schedule A1 to the 1974 Act
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      (6)
The functions of the President may, if he is absent or is otherwise unable to
act, be discharged—
(a)
by the Deputy President; or
(b)
if there is no Deputy President or he too is absent or otherwise unable
to act, by a person appointed for that purpose from the panel of
5
chairmen by the Lord Chancellor.
Panels
3     (1)
The Lord Chancellor shall appoint a panel of persons for the purpose of
serving as chairmen of the Tribunal.
      (2)
A person shall not be appointed to the panel of chairmen unless he—
10
(a)
has a seven year general qualification within the meaning of section
71 of the Courts and Legal Services Act 1990;
(b)
is an advocate or solicitor in Scotland of at least seven years’
standing; or
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the
15
Supreme Court of Northern Ireland, of at least seven years’ standing.
      (3)
The Lord Chancellor shall also appoint a panel of persons who appear to
him to be qualified by experience or otherwise to deal with appeals of the
kind that may be made to the Tribunal.
Terms of office etc.
20
4     (1)
Each member of the panel of chairmen or the lay panel shall hold and vacate
office in accordance with the terms of his appointment.
      (2)
The Lord Chancellor may remove a member of either panel from office on
the ground of incapacity or misbehaviour.
      (3)
A member of either panel—
25
(a)
may at any time resign office by notice in writing to the Lord
Chancellor;
(b)
is eligible for re-appointment if he ceases to hold office.
Remuneration and allowances
5
The Lord Chancellor may pay to a person in respect of his service—
30
(a)
as the President or the Deputy President,
(b)
as a member of the Tribunal, or
(c)
as a person appointed under paragraph 7(4),

such remuneration and allowances as the Lord Chancellor may determine.
Staff and costs
35
6     (1)
The Lord Chancellor may appoint such staff for the Tribunal as he may
determine.
      (2)
The Lord Chancellor shall defray—
(a)
the remuneration of the Tribunal’s staff; and
(b)
such other costs of the Tribunal as he may determine.
40

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Schedule 1 — Schedule A1 to the 1974 Act
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Part 3
Constitution of the Tribunal
7     (1)
On an appeal to the Tribunal, the persons to act as members of the Tribunal
for the purposes of the appeal shall be selected from the panel of chairmen
or the lay panel.
5
      (2)
The selection shall be in accordance with arrangements made by the
President for the purposes of this paragraph.
      (3)
Those arrangements shall provide for at least one member to be a person
selected from the panel of chairmen.
      (4)
If it appears to the Tribunal that a matter before it involves a question of fact
10
of special difficulty, it may appoint one or more experts to provide
assistance.
Part 4
Tribunal powers and procedure
Sittings
15
8
The Tribunal shall sit at such times and in such places as the Lord Chancellor
may direct.
Evidence
9     (1)
Subject to sub-paragraph (2), the Tribunal may, on an appeal, consider any
evidence that it thinks relevant, whether or not it was available to the OFT
20
at the time it made the determination appealed against.
      (2)
Rules may make provision restricting the evidence that the Tribunal may
consider on an appeal in specified circumstances.
Rules on procedure
10
Rules may include, amongst other things, provision—
25
(a)
about the withdrawal of appeals;
(b)
about persons who may appear on behalf of a party to an appeal;
(c)
about how an appeal is to be dealt with if a person acting as member
of the Tribunal in respect of the appeal becomes unable to act;
(d)
setting time limits in relation to anything that is to be done for the
30
purposes of an appeal or for such limits to be set by the Tribunal or
a member of the panel of chairmen;
(e)
for time limits to be extended by the Tribunal or a member of the
panel of chairmen;
(f)
conferring powers on the Tribunal or a member of the panel of
35
chairmen to give such directions to the parties to an appeal as it or he
thinks fit for purposes connected with the conduct and disposal of
the appeal;
(g)
about the holding of hearings by the Tribunal or a member of the
panel of chairmen (including for such hearings to be held in private);
40

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Schedule 1 — Schedule A1 to the 1974 Act
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(h)
placing restrictions on the disclosure of information and documents
or for such restrictions to be imposed by the Tribunal or a member of
the panel of chairmen;
(i)
about the consequences of a failure to comply with a requirement
imposed by or under any rule (including for the immediate dismissal
5
or allowing of an appeal if the Tribunal or a member of the panel of
chairmen thinks fit);
(j)
for proceedings on different appeals (including appeals with
different appellants) to take place concurrently;
(k)
for the suspension of determinations of the OFT;
10
(l)
for the suspension of decisions of the Tribunal;
(m)
for the Tribunal to reconsider its decision disposing of an appeal
where it has reason to believe that the decision was wrongly made
because of an administrative error made by a member of its staff.
Council of Tribunals
15
11
A member of the Council of Tribunals or of its Scottish Committee shall be
entitled—
(a)
to attend any hearing held by the Tribunal or a member of the panel
of chairmen whether or not it is held in public; and
(b)
to attend any deliberations of the Tribunal in relation to an appeal.
20
Disposal of appeals
12    (1)
The Tribunal shall decide an appeal by reference to the grounds of appeal set
out in the notice of appeal.
      (2)
In disposing of an appeal the Tribunal may do one or more of the
following—
25
(a)
confirm the determination appealed against;
(b)
quash that determination;
(c)
vary that determination;
(d)
remit the matter to the OFT for reconsideration and determination in
accordance with the directions (if any) given to it by the Tribunal;
30
(e)
give the OFT directions for the purpose of giving effect to its
decision.
      (3)
In the case of an appeal against a determination to impose a penalty, the
Tribunal—
(a)
has no power by virtue of sub-paragraph (2)(c) to increase the
35
penalty;
(b)
may extend the period within which the penalty is to be paid
(including in cases where that period has already ended).
      (4)
Sub-paragraph (3) does not affect—
(a)
the Tribunal’s power to give directions to the OFT under sub-
40
paragraph (2)(d); or
(b)
what the OFT can do where a matter is remitted to it under sub-
paragraph (2)(d).
      (5)
Where the Tribunal remits a matter to the OFT, it may direct that the
requirements of section 34 of this Act are not to apply, or are only to apply
45
to a specified extent, in relation to the OFT’s reconsideration of the matter.

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Schedule 1 — Schedule A1 to the 1974 Act
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      (6)
Subject to sub-paragraphs (7) and (8), where the Tribunal remits an
application to the OFT, section 6(1) and (3) to (9) of this Act shall apply as if
the application had not been previously determined by the OFT.
      (7)
In the case of a general notice which came into effect after the determination
appealed against was made but before the application was remitted, the
5
applicant shall provide any information or document which he is required
to provide under section 6(6) within—
(a)
the period of 28 days beginning with the day on which the
application was remitted; or
(b)
such longer period as the OFT may allow.
10
      (8)
In the case of—
(a)
any information or document which was superseded,
(b)
any change in circumstances which occurred, or
(c)
any error or omission of which the applicant became aware,

after the determination appealed against was made but before the
15
application was remitted, any notification that is required to be given by the
applicant under section 6(7) shall be given within the period of 28 days
beginning with the day on which the application was remitted.
Decisions of the Tribunal
13    (1)
A decision of the Tribunal may be taken by majority.
20
      (2)
A decision of the Tribunal disposing of an appeal shall—
(a)
state whether it was unanimous or taken by majority; and
(b)
be recorded in a document which—
(i)
contains a statement of the reasons for the decision and any
other specified information; and
25
(ii)
is signed and dated by a member of the panel of chairmen.
      (3)
Where the Tribunal disposes of an appeal it shall—
(a)
send to each party to the appeal a copy of the document mentioned
in sub-paragraph (2)(b); and
(b)
publish that document in such manner as it thinks fit.
30
      (4)
The Tribunal may exclude from what it publishes under sub-paragraph
(3)(b) information of a specified description.
Costs
14    (1)
Where the Tribunal disposes of an appeal and—
(a)
it decides that the OFT was wrong to make the determination
35
appealed against, or
(b)
during the course of the appeal the OFT accepted that it was wrong
to make that determination,

it may order the OFT to pay to the appellant the whole or a part of the costs
incurred by the appellant in relation to the appeal.
40
      (2)
In determining whether to make such an order, and the terms of such an
order, the Tribunal shall have regard to whether it was unreasonable for the
OFT to make the determination appealed against.
15
Where—

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Schedule 2 — Part 3A of Schedule 17 to the 2000 Act
60

(a)
the Tribunal disposes of an appeal or an appeal is withdrawn before
the Tribunal disposes of it, and
(b)
the Tribunal thinks that a party to the appeal acted vexatiously,
frivolously or unreasonably in bringing the appeal or otherwise in
relation to the appeal,
5

it may order that party to pay to the other party the whole or a part of the
costs incurred by the other party in relation to the appeal.
16
An order of the Tribunal under paragraph 14 or 15 may be enforced—
(a)
as if it were an order of the county court; or
(b)
in Scotland, as if it were an interlocutor of the Court of Session.
10
Schedule 2
Section 59

Part 3A of Schedule 17 to the 2000 Act
Part 3A
The consumer credit jurisdiction
Introduction
15
16A
This Part of this Schedule applies only in relation to the consumer credit
jurisdiction.
Procedure for complaints etc.
16B   (1)
Consumer credit rules—
(a)
must provide that a complaint is not to be entertained unless the
20
complainant has referred it under the ombudsman scheme before the
applicable time limit (determined in accordance with the rules) has
expired;
(b)
may provide that an ombudsman may extend that time limit in
specified circumstances;
25
(c)
may provide that a complaint is not to be entertained (except in
specified circumstances) if the complainant has not previously
communicated its substance to the respondent and given him a
reasonable opportunity to deal with it;
(d)
may make provision about the procedure for the reference of
30
complaints and for their investigation, consideration and
determination by an ombudsman.
      (2)
Sub-paragraphs (2) and (3) of paragraph 14 apply in relation to consumer
credit rules under sub-paragraph (1) of this paragraph as they apply in
relation to scheme rules under that paragraph.
35
      (3)
Consumer credit rules may require persons falling within sub-paragraph (5)
to establish such procedures as the scheme operator considers appropriate
for the resolution of complaints which may be referred to the scheme.
      (4)
Consumer credit rules under sub-paragraph (3) may make different
provision in relation to persons of different descriptions or to complaints of
40
different descriptions.

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Schedule 2 — Part 3A of Schedule 17 to the 2000 Act
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      (5)
A person falls within this sub-paragraph if he is licensed by a standard
licence (within the meaning of the Consumer Credit Act 1974) to carry on to
any extent a business of a type specified in an order under section 226A(2)(e)
of this Act.
Fees
5
16C   (1)
Consumer credit rules may require a respondent to pay to the scheme
operator such fees as may be specified in the rules.
      (2)
Sub-paragraph (2) of paragraph 15 applies in relation to consumer credit
rules under this paragraph as it applies in relation to scheme rules under
that paragraph.
10
Enforcement of money awards
16D
A money award, including interest, which has been registered in accordance
with consumer credit rules may—
(a)
if a county court so orders in England and Wales, be recovered by
execution issued from the county court (or otherwise) as if it were
15
payable under an order of that court;
(b)
be enforced in Northern Ireland as a money judgment under the
Judgments Enforcement (Northern Ireland) Order 1981;
(c)
be enforced in Scotland as if it were a decree of the sheriff and
whether or not the sheriff could himself have granted such a decree.
20
Procedure for consumer credit rules
16E   (1)
If the scheme operator makes any consumer credit rules, it must give a copy
of them to the Authority without delay.
      (2)
If the scheme operator revokes any such rules, it must give written notice to
the Authority without delay.
25
      (3)
The power to make such rules is exercisable in writing.
      (4)
Immediately after the making of such rules, the scheme operator must
arrange for them to be printed and made available to the public.
      (5)
The scheme operator may charge a reasonable fee for providing a person
with a copy of any such rules.
30
Verification of consumer credit rules
16F   (1)
The production of a printed copy of consumer credit rules purporting to be
made by the scheme operator—
(a)
on which there is endorsed a certificate signed by a member of the
scheme operator’s staff authorised by the scheme operator for that
35
purpose, and
(b)
which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the
certificate.
      (2)
The required statements are—
40
(a)
that the rules were made by the scheme operator;
(b)
that the copy is a true copy of the rules; and