S.C.D.
Amendment Paper as at
Thursday 23rd June 2005
STANDING COMMITTEE D
CONSUMER CREDIT BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [22nd June 2005].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Wednesday 22nd June (Standing Order No. 83C):
That—
(1) during proceedings on the Consumer Credit Bill, in addition to its first meeting at 8.55 a.m. on Thursday 23rd June, the Standing Committee shall meet at—
| (a) | 2.00 p.m. on Thursday 23rd June; |
| (b) | 10.00 a.m. and 4.30 p.m. on Tuesday 28th June; and |
| (c) | 8.55 a.m. and 2.00 p.m. on Thursday 30th June; |
(2) the Bill be considered in the following order, namely, Clauses 1 to 55, Schedule 1, Clauses 56 to 59, Schedule 2, Clauses 60 to 69, Schedule 3, Clause 70, Schedule 4, Clause 71, new Clauses, new Schedules and remaining proceedings on the Bill;
(3) proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 30th June.
Mr Gerry Sutcliffe has given notice of his intention to move a motion in the terms of the Programming Sub-Committee [Standing Order No. 83C].
Charles Hendry
Michael Fabricant
1
Clause 3, page 2, line 8, leave out 'the agreement includes'.
Charles Hendry
Michael Fabricant
2
Clause 3, page 2, line 8, after 'declaration', insert 'is'.
Charles Hendry
Michael Fabricant
3
Clause 3, page 2, line 14, after 'agreement', insert 'at the time that agreement is signed'.
Charles Hendry
Michael Fabricant
4
Clause 3, page 2, line 26, at end insert 'unless supported by independently verified documentation'.
Charles Hendry
Michael Fabricant
5
Clause 3, page 2, line 29, leave out 'one year' and insert 'two years'.
Charles Hendry
Michael Fabricant
6
Clause 3, page 2, line 39, leave out 'must have been made in relation to each of them' and insert 'may be made by either of them'.
Charles Hendry
Michael Fabricant
7
Clause 4, page 3, line 13, leave out 'an agreement includes'.
Charles Hendry
Michael Fabricant
8
Clause 4, page 3, line 13, after 'declaration', insert 'has been'.
Gordon Banks
33
Clause 6, page 4, line 35, at end insert—
| '(c) | shall, where the term of the credit agreement is more than one month but not more than twelve months, give the debtor a statement under this section within 14 days of the mid point of the term of the agreement.'. |
Charles Hendry
Michael Fabricant
9
Clause 6, page 4, line 37, at end insert—
'(2A) For the purposes of this section and any regulations made under subsection (2), the requirement to give a statement is satisfied if the creditor, with the debtor's agreement, makes available electronically, in a manner which is freely accessible to the debtor, the content prescribed by the regulations.'.
Gordon Banks
34
Clause 6, page 5, line 7, after '(a)', insert 'or (c)'.
Charles Hendry
Michael Fabricant
10
Clause 6, page 5, line 16, leave out from 'extent' to end of line 19 and insert 'specified by Regulations; and'.
Charles Hendry
Michael Fabricant
11
Clause 6, page 5, line 36, at end insert—
'(8A) Regulations may make provision about the extent of the debtor's liability to pay any sum of interest under subsection (6).'.
Charles Hendry
Michael Fabricant
31
Clause 9, page 8, line 16, leave out 'four' and insert 'eight'.
Charles Hendry
Michael Fabricant
32
Clause 11, page 9, line 23, at end insert 'but such non-compliance shall attract no sanction or disadvantage other than is specifically provided for in this section'.
Charles Hendry
Michael Fabricant
12
Clause 19, page 14, line 8, at end insert—
'(1A) A relationship between the creditor and the debtor shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations, to the detriment of the debtor.'.
Charles Hendry
Michael Fabricant
13
Clause 19, page 14, line 8, at end insert—
'(1A) Regulations shall make provision to indicate the circumstances in which the relationship between the creditor and debtor may be regarded as unfair.'.
Charles Hendry
Michael Fabricant
14
Clause 19, page 14, line 10, after 'to', insert—
| '(a) | whether the relevant terms of the agreement, or of a related agreement, is in plain, intelligible language; and |
Charles Hendry
Michael Fabricant
15
Clause 19, page 14, line 16, at end insert—
'(3A) If the court concludes that the relevant terms of the agreement were clear and intelligible when the agreement was made, then, notwithstanding the provisions of section 140B(11), it shall be for the debtor to prove that the relationship was unfair.'.
Mr Gerry Sutcliffe
19
Clause 20, page 15, line 26, leave out subsection (8).
Mr Gerry Sutcliffe
25
Clause 27, page 21, line 22, at end insert—
'( ) In section 189 of that Act (definitions) after subsection (1) insert—
"(1A) In sections 36E(3), 70(4), 73(4) and 75(2) and paragraphs 14 and 15 of Schedule 1A 'costs', in relation to proceedings in Scotland, means expenses.".'.
Mr Gerry Sutcliffe
26
Clause 32, page 26, line 17, at end insert—
'( ) Without prejudice to the generality of paragraph (c) of subsection (3), a requirement specified under that paragraph may have the effect of—
| (a) | preventing a named person from being an employee of a person carrying on activities under the authorisation, or restricting the activities he may engage in as an employee of such a person; or |
| (b) | preventing a named person from doing something, or restricting his doing something, in connection with activities being carried on by a person under the authorisation; |
| (c) | securing that access to premises is given to officers of the OFT for the purpose of enabling them to inspect documents or to observe the carrying on of activities.'. |
Mr Gerry Sutcliffe
20
Clause 34, page 28, line 40, after 'fit', insert (subject to subsection (1E))'.
Mr Gerry Sutcliffe
21
Clause 34, page 29, line 4, at end insert—
'(1E) Where a licence which has effect indefinitely is to be varied under section 30 or 31 for the purpose of limiting the licence's duration, the variation shall provide for the licence to expire—
| (a) | in the case of a variation under section 30, at the end of such period from the time of the variation as is set out in the application for the variation; or |
| (b) | in the case of a variation under section 31, at the end of such period from the time of the variation as the OFT thinks fit; |
but a period mentioned in paragraph (a) or (b) shall not exceed the prescribed period.'.
Mr Gerry Sutcliffe
22
Clause 34, page 29, line 13, leave out '(1D)' and insert '(1E)'.
Charles Hendry
Michael Fabricant
16
Clause 38, page 31, line 32, leave out subsection (1) and insert—
'(1) This section applies where the OFT has reasonable grounds for believing that a licensee or an associate or a former associate of a licensee—
| (a) | has engaged in conduct which breaches any provision of or under the 1974 Act; |
| (b) | is engaging in such conduct; or |
| (c) | is likely to engage in such conduct.'. |
Mr Gerry Sutcliffe
23
Clause 43, page 34, line 39, leave out from beginning to '(particulars' in line 5 on page 35 and insert—
'( ) In section 35(1) of the 1974 Act'.
Charles Hendry
Michael Fabricant
35
Clause 52, page 44, line 20, at end insert—
'(3A) The amount specified in subsection (3) shall be reviewed by the Secretary of State within five years of the passing of this Act, and thereafter at five year intervals.
(3B) The Secretary of State may, by regulation, amend the amount specified in subsection (3) following a review in accordance with subsection (3A).'.
