|
| | |
| |
| | |
| |
| | |
| | |
| | |
| | |
| | [First and second sittings]
|
|
| | |
| | | |
| | | |
| | | (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 |
|
| | | |
| | | (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. |
|
| | |
| | | Clauses 1 and 2 Agreed to. |
|
| | |
| | |
| | | |
| | Clause 3, page 2, line 8, leave out ‘the agreement includes’. |
|
| | |
| | |
| | | |
| | Clause 3, page 2, line 8, after ‘declaration’, insert ‘is’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Clause 3, page 2, line 14, after ‘agreement’, insert ‘at the time that agreement is |
|
| | |
| | |
| | |
| | | |
| | Clause 3, page 2, line 26, at end insert ‘unless supported by independently verified |
|
| | |
| | |
| | |
| | | |
| | Clause 3, page 2, line 29, leave out ‘one year’ and insert ‘two years’. |
|
| | |
| | |
| | | |
| | 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’. |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 4, page 3, line 13, leave out ‘an agreement includes’. |
|
| | |
| | |
| | | |
| | Clause 4, page 3, line 13, after ‘declaration’, insert ‘has been’. |
|
| | | |
| | | |
| | |
| | |
| | | |
| | 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.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | 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.’. |
|
| | |
| | | |
| | Clause 6, page 5, line 7, after ‘(a)’, insert ‘or (c)’. |
|
| | |
| | |
| | | |
| | Clause 6, page 5, line 16, leave out from ‘extent’ to end of line 19 and insert |
|
| | ‘specified by Regulations; and’. |
|
| | |
| | |
| | | |
| | 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).’. |
|
| | | |
| | | Clauses 7 and 8 Agreed to. |
|
| | |
| | |
| | |
| | | |
| | Clause 9, page 8, line 16, leave out ‘four’ and insert ‘eight’. |
|
| | | |
| | | |
| | |
| | |
| | |
| | | |
| | 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’. |
|
| | | |
|
| |
| | |
| | |
| |
| | | Clauses 12 to 18 Agreed to. |
|
| | |
| | |
| | |
| | | |
| | 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.’. |
|
| | |
| | |
| | | |
| | 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.’. |
|
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | |
| | |
| | |
| | | |
| | Clause 20, page 15, line 26, leave out subsection (8). |
|
| | | Clause, as amended, Agreed to. |
|
| | | Clauses 21 and 22 Agreed to. |
|
| | [Adjourned till Tuesday at 10 o’clock. |
|
|
