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Index of Amendments
NOTICES OF AMENDMENTS
given up to and including
Tuesday 12th July 2005
CONSIDERATION OF BILL
NEW CLAUSESData sharing
NC1To move the following Clause:
'After section 36F of the 1974 Act (inserted by section 50 of this Act) insert
"36G Data Sharing
(1) In this section
'authorised person' means a consumer credit business, 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.
all 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) above are that
(4) For the purposes of subsection (2) above, the permitted purposes are
(5) In this section
'application for credit' includes an application to refinance or reschedule an existing credit agreement;
'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.".'.
Access to information
NC2*To move the following Clause:
'(1) Any notice served to a hirer or debtor under the provision of this Act shall be available in
(2) It shall be the responsibility of the hirer or debtor to request a notice in a format set out in subsection (1).'.
OFT's general duties
NC3*To move the following Clause:
'After section 1 of the 1974 Act insert
"1A OFT's General Duties
(1) In discharging its functions under this Act to regulate the conduct of licensees, the OFT must, so far as is reasonably possible, act in a way
(2) The regulatory objectives are
(3) In discharging its functions to issue guidance and regulate the conduct of licensees the OFT must have regard to
Standardisation of interest rate calculations
NC4*To move the following Clause:
'(1) The Secretary of State may, by regulations, provide for the standardisation of interest rate calculation for specified consumer credit agreements.
(2) In making regulations under subsection (1), the Secretary of State shall have regard to the methods of interest calculation current at that time.'.
NC5*To move the following Clause:
'(1) The OFT shall publish a report each year after the passing of this Act reviewing its duties as provided for under the 1974 Act, as amended by this Act.
(2) Reports made by the OFT under subsection (1) shall also review the work of any enforcement authorities, including local Trading Standards Services, who have acted on behalf of OFT as provided for under section 50.
(3) The Secretary of State shall take any report made by the OFT under subsection (1) into consideration when issuing regulations in relation to the 1974 Act, as amended by this Act.'.
Secretary Alan Johnson
7*Page 8, line 16 [Clause 9], at end insert
'(9A) If an agreement mentioned in subsection (9) was made before the beginning of the relevant period, only amounts resulting from failures by the debtor or hirer to make payments he is required to have made during that period shall be taken into account in determining any shortfall for the purposes of subsection (1)(c).
(9B) In subsection (9B) "relevant period" means the period of 20 weeks ending with the day on which the debtor or hirer is required to have made the most recent payment under the agreement.'.
4*Page 8, line 20 [Clause 10], at end add
'(11) This section shall not apply if there is no prejudice to the interests of the debtor or hirer.'.
5*Page 14, line 11 [Clause 19], at end insert
'(2A) In making a determination under this section, a court shall have regard to guidance published periodically by the OFT.
(2B) Guidance produced by the OFT under subsection (2A) shall be approved by the Secretary of State before publication.'.
1Page 39, line 22 [Clause 46], at end add
'(7) Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege.'.
2Page 41, line 19 [Clause 48], leave out 'includes a reference to' and insert 'means'.
3*Page 54, line 33 [Clause 71], at end insert
'(2A) The Secretary of State shall not make an order under subsection (2) bringing into force sections 19 to 22 of this Act until advice and information has been published by the OFT in accordance with section 140D of the 1974 Act.'.
6*Page 64, line 35 [Schedule 3], at end insert
ORDER OF THE HOUSE [9th JUNE 2005]That the following provisions shall apply to the Consumer Credit Bill:
Committal1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee2. 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 Reading4. 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 proceedings7. 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.
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