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| | Clauses 23 to 26 Agreed to. |
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| Clause 27, page 21, line 22, at end insert— |
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| | ‘( ) | In section 189 of that Act (definitions) after subsection (1) insert— |
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| | “(1A) | In sections 36E(3), 70(4), 73(4) and 75(2) and paragraphs 14 and 15 of |
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| | Schedule 1A ‘costs’, in relation to proceedings in Scotland, means |
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| | Clause, as amended, Agreed to. |
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| | Clauses 28 and 29 Agreed to. |
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| Clause 30, page 24, line 7, at end insert— |
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| | | ‘and that guidance shall include a duty on licence holders to lend responsibly.’. |
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| Clause 32, page 26, line 17, at end insert— |
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| | ‘( ) | Without prejudice to the generality of paragraph (c) of subsection (3), a |
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| | requirement specified under that paragraph may have the effect of— |
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| | (a) | preventing a named person from being an employee of a person carrying |
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| | on activities under the authorisation, or restricting the activities he may |
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| | engage in as an employee of such a person; or |
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| | (b) | preventing a named person from doing something, or restricting his |
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| | doing something, in connection with activities being carried on by a |
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| | person under the authorisation; |
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| | (c) | securing that access to premises is given to officers of the OFT for the |
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| | purpose of enabling them to inspect documents or to observe the carrying |
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| | Clause, as amended, Agreed to. |
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| Clause 34, page 28, line 40, after ‘fit’, insert (subject to subsection (1E))’. |
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| Clause 34, page 29, line 4, at end insert— |
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| | ‘(1E) | Where a licence which has effect indefinitely is to be varied under section 30 or |
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| | 31 for the purpose of limiting the licence’s duration, the variation shall provide |
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| | for the licence to expire— |
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| | (a) | in the case of a variation under section 30, at the end of such period from |
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| | the time of the variation as is set out in the application for the variation; or |
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| | (b) | in the case of a variation under section 31, at the end of such period from |
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| | the time of the variation as the OFT thinks fit; |
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| | | but a period mentioned in paragraph (a) or (b) shall not exceed the prescribed |
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| Clause 34, page 29, line 13, leave out ‘(1D)’ and insert ‘(1E)’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 35 to 37 Agreed to. |
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| Clause 38, page 31, line 32, leave out subsection (1) and insert— |
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| | ‘(1) | This section applies where the OFT has reasonable grounds for believing that a |
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| | licensee or an associate or a former associate of a licensee— |
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| | (a) | has engaged in conduct which breaches any provision of or under the |
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| | (b) | is engaging in such conduct; or |
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| | (c) | is likely to engage in such conduct.’. |
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| | Clauses 39 to 42 Agreed to. |
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| Clause 43, page 34, line 39, leave out from beginning to ‘(particulars’ in line 5 on |
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| | ‘( ) | In section 35(1) of the 1974 Act’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 44 to 51 Agreed to. |
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| Clause 52, page 44, line 8, leave out from first ‘is’ to ‘it’ in line 10 and insert— |
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| | (a) | satisfied that a person (the “defaulter”) has failed or is failing to comply |
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| | with a requirement imposed on him by virtue of section 33A, 33B or 36A, |
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| | (b) | dissatisfied with the conduct of the licensee,’. |
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| Clause 52, page 44, line 20, leave out ‘£50,000’ and insert ‘10 per cent. of the |
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| licensee’s gross annual turnover in the year in which the fine is imposed’. |
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| Clause 52, page 44, line 20, at end insert— |
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| | ‘(3A) | The amount specified in subsection (3) shall be reviewed by the Secretary of State |
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| | within five years of the passing of this Act, and thereafter at five year intervals. |
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| | (3B) | The Secretary of State may, by regulation, amend the amount specified in |
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| | subsection (3) following a review in accordance with subsection (3A).’. |
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| | Clauses 53 to 55 Agreed to. |
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| Schedule 1, page 57, line 33, after ‘limits’, insert ‘(including the period specified |
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| for the purposes of section 41(1) of this Act)’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 59, page 48, line 25, after ‘licence’, insert ‘or was authorised to carry on an |
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| activity by virtue of section 34A of the Consumer Credit Act 1974’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 2, page 60, line 41, at end insert— |
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| | ‘( ) | Consumer credit rules under sub-paragraph (3) may authorise the scheme |
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| | operator to dispense with or modify the application of such rules in |
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| | particular cases where the scheme operator— |
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| | (a) | considers it appropriate to do so; and |
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| | (b) | is satisfied that the specified conditions (if any) are met.’. |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 60 to 69 Agreed to. |
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| Schedule 3, page 64, line 7, leave out ‘payable’ and insert ‘that are required to be |
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| Schedule 3, page 65, line 22, after ‘Act’, insert ‘except credit agreements where the |
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| creditor is subject to the Financial Services Ombudsman Scheme for dealing with any |
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| complaints by the debtor’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 4, page 69, line 38, at end insert— |
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| | ‘(aa) | the definition of “costs”;’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 71, page 54, line 10, at end insert— |
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| | ‘(2A) | No such order shall be made by the Secretary of State, bringing into force sections |
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| | 19 to 21, until advice and information has been published by the OFT under |
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| | section 140D of the 1974 Act.’. |
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| To move the following Clause:— |
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| | ‘After section 1 of the 1974 Act insert— |
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| | (1) | In discharging its functions under this Act to regulate the conduct of |
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| | licensees, the OFT must, so far as is reasonably possible, act in a way— |
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| | (a) | which is compatible with the regulatory objectives, as set out in |
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| | (b) | which the OFT considers most appropriate for the purpose of |
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| | meeting those objectives. |
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| | (2) | The regulatory objectives are— |
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| | (a) | lender confidence, to ensure the widest possible access to credit; |
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| | (b) | the protection of consumers; and |
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| | (c) | the national interest in having an efficient and innovative |
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| | (3) | In discharging its functions to issue guidance and regulate the conduct of |
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| | licensees, the OFT shall have regard to— |
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| | (a) | the principle that a burden or restriction which is imposed on a |
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| | person, or on the carrying on of an activity, should be |
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| | proportionate to the benefits, considered in general terms, which |
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| | are expected to result from the imposition of that burden or |
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| | (b) | the desirability of facilitating innovation in connection with |
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| | (c) | the desirability of maintaining a competitive market in consumer |
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| | credit in the United Kingdom; and |
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| | (d) | the need to minimise the adverse effects on competition that may |
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| | arise from anything done in the discharge of its functions.”.’. |
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| To move the following Clause:— |
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| | ‘After section 183 of the 1974 Act insert— |
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| | (1) | No guidance is to be published under the 1974 Act without the approval |
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| | of the Secretary of State. |
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| | (2) | In preparing or revising guidance under that Act the OFT shall consult |
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| | such persons as it thinks fit.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | It shall be an offence to give a person an application form for a credit-token unless |
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| | he has specifically requested it. |
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| | (2) | To comply with subsection (1), a request must be made by the applicant by way |
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| | (a) | a document signed by that person; |
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| | (b) | a recorded telephone call by that person to the person or company |
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| | offering the credit-token; or |
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| | (c) | an electronic form of communication, the origin of which can be |
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| | (3) | Any approach to a person offering a credit-token application must include a full |
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| | statement of the legal liabilities and responsibilities associated with such a |
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| To move the following Clause:— |
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| | ‘(1) | It shall be the responsibility of a lender to ensure that any increase in a credit limit |
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| | made on an unsolicited basis to a debtor is reasonable and affordable, before |
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| | agreeing any such increases with a debtor. |
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| | (2) | It shall be the responsibility of a lender to ensure that any increase in a credit limit |
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| | has the written agreement of a debtor before any such increase is granted. |
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| | (3) | Any lender who fails to meet the requirements set out in subsections (2) and (3) |
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| | shall be subject to penalties to be determined by regulation.’. |
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| | Interest on debt resulting from government maladministration |
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| To move the following Clause:— |
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| | ‘(1) | Where a person can demonstrate that debt has been incurred as a direct |
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| | consequence of maladministration, mismanagement or incompetence by |
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| | Government departments, agencies or officers, all reasonable interest on such |
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| | debt shall be repayable by the Government. |
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| | (2) | The eligibility for the repayment of the interest specified in subsection (1) and the |
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| | amount of such interest to be paid shall be determined by the Parliamentary |
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| | Commissioner for Administration.’. |
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| | Land packaging agreements |
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| To move the following Clause:— |
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