Amendments proposed to the Consumer Credit Bill - continued House of Commons

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Interest on debt resulting from government maladministration


Charles Hendry
Michael Fabricant


To move the following Clause:—

    '(1)   Where a person can demonstrate that debt has been incurred as a direct consequence of maladministration, mismanagement or incompetence by Government departments, agencies or officers, all reasonable interest on such debt shall be repayable by the Government.

    (2)   The eligibility for the repayment of the interest specified in subsection (1) and the amount of such interest to be paid shall be determined by the Parliamentary Commissioner for Administration.'.

Land packaging agreements


Charles Hendry
Michael Fabricant


To move the following Clause:—

    '(1)   Where a creditor has loaned money for the purpose of a speculative land-packaging deal, all funds shall be repayable, plus interest, after a period of two years, if the deal has not been completed and planning permission obtained.

    (2)   The Secretary of State shall, by regulation, determine the level of interest to be paid under subsection (1).'.

Data sharing


Norman Lamb


*To move the following Clause:—

    '(1)   In this section—

 "authorised person" means a consumer credit busines, or consumer hire business, or an ancillary credit business, or any person acting on behalf of any such business;"credit reference agency" means any person within the meaning of section 145(8) and who holds a licence in respect of such activities under Part III of this Act; andall reference to "debtor" shall include a reference to hirer and all references to credit shall include a reference to hire.

    (2)   Any authorised person may, provided the conditions in subsection (3) below are satisfied, disclose to a credit reference agency and the authorised person and credit reference agency may use, any information relating to the credit history or financial standing of any debtor of the authorised person, for the purposes referred to in subsection (4) below, notwithstanding any enactment or rule of law prohibiting or restricting the disclosure or use of or authorising the withholding of such information.

    (3)   The conditions referred to in subsection (2) are that—

(a) the authorised person has notified the debtor that it may disclose the debtor's or hirer's information under this section; and

(b) the debtor has not, within 28 days of the date of notification, informed the authorised person in writing that he objects to such disclosure of his information.

    (4)   For the purposes of subsection (2) above, the permitted purposes are—

(a) vetting applications for credit or applications that can result in the giving of credit or giving of any guarantee, indemnity, or assurance in relation to the giving of credit;

(b) verifying the identity of the debtor or any applicant for credit, for the purpose of, or in connection with, an application for credit, or for any other purpose relevant to the financial standing of the debtor, including the prevention of money laundering;

(c) managing credit accounts, including debt tracing and recovery;

(d) preventing, detecting or apprehending crime, and for the enforcement of criminal law (whether in England and Wales or elsewhere) including the tracing and recovery of any sanctions imposed thereunder;

(e) statistical analysis of credit risk assessment in a case where no individual is referred to by name or necessary implication;

(f) any other purpose which the debtor subsequently consents to; and

(g) any other purpose specified in an Order made by the Secretary of State for the purpose of this subsection (4).

    (5)   In this section—

 "application for credit" includes an application to refinance or reschedule an existing credit agreement; and"credit reference services" means the furnishing of persons with information relevant to financial standing of individuals, which is information collected by the person furnishing the purpose of so furnishing it.'.


That the following provisions shall apply to the Consumer Credit Bill:


    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 30th June 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Programming of other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.



    (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.

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Prepared 28 Jun 2005