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54 | Statement of policy in relation to civil penalties |
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After section 39B of the 1974 Act (inserted by section 53 of this Act) insert— |
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“39C | Statement of policy in relation to civil penalties |
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(1) | The OFT shall prepare and publish a statement of policy in relation to |
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how it exercises, or how it proposes to exercise, its powers under |
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(2) | If the OFT revises the statement of policy at any time after it has been |
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published, the OFT shall publish it as revised. |
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(3) | No statement of policy shall be published without the approval of the |
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(4) | The statement of policy shall be published in such manner as the OFT |
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thinks fit for the purpose of bringing it to the attention of those likely to |
| |
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(5) | In preparing or revising the statement of policy the OFT shall consult |
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such persons as it thinks fit. |
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(6) | In determining whether and how to exercise its powers under section |
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39A in relation to a person’s failure, the OFT shall have regard to the |
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statement of policy as most recently published at the time the failure |
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(7) | The OFT shall not impose a penalty on a person under section 39A in |
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relation to a failure occurring before it has published a statement of |
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55 | The Consumer Credit Appeals Tribunal |
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(1) | After section 40 of the 1974 Act insert— |
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40A | The Consumer Credit Appeals Tribunal |
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(1) | There shall be a tribunal known as the Consumer Credit Appeals |
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Tribunal (‘the Tribunal’). |
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(2) | The Tribunal shall have the functions conferred on it by or under this |
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(3) | The Lord Chancellor may by rules make such provision as he thinks fit |
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for regulating the conduct and disposal of appeals before the Tribunal. |
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(4) | Schedule A1 (which makes provision about the Tribunal and |
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proceedings before it) shall have effect. |
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(5) | But that Schedule does not limit the Lord Chancellor’s powers under |
| |
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(2) | Before Schedule 1 to that Act insert the Schedule A1 set out in Schedule 1 to this |
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|
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|
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56 | Appeals to the Consumer Credit Appeals Tribunal |
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(1) | In subsection (1) of section 41 of the 1974 Act (appeals) for the words from |
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“prescribed period” onwards substitute “specified period, appeal to the |
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(2) | After that subsection insert— |
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“(1A) | The means for making an appeal is by sending the Tribunal a notice of |
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(1B) | The notice of appeal shall— |
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(a) | be in the specified form; |
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(b) | set out the grounds of appeal in the specified manner; and |
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(c) | include the specified information and documents. |
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(1C) | An appeal to the Tribunal is to be by way of a rehearing of the |
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determination appealed against. |
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(1D) | In this section ‘specified’ means specified by rules under section |
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(3) | Subsections (2) to (5) of that section shall cease to have effect. |
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57 | Appeals from the Consumer Credit Appeals Tribunal |
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In Part 3 of the 1974 Act after section 41 insert— |
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“41A | Appeals from the Consumer Credit Appeals Tribunal |
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(1) | A party to an appeal to the Tribunal may with leave appeal— |
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(a) | in England and Wales and Northern Ireland, to the Court of |
| |
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(b) | in Scotland, to the Court of Session, |
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| on a point of law arising from a decision of the Tribunal. |
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(2) | For the purposes of subsection (1) leave to appeal may be given by— |
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(b) | the Court of Appeal or the Court of Session. |
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(3) | An application for leave to appeal may be made to the Court of Appeal |
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or the Court of Session only if the Tribunal has refused such leave. |
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(4) | If on an appeal under this section the court considers that the decision |
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of the Tribunal was wrong in law, it may do one or more of the |
| |
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(a) | quash or vary that decision; |
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(b) | substitute for that decision a decision of its own; |
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(c) | remit the matter to the Tribunal for rehearing and |
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determination in accordance with the directions (if any) given |
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(5) | An appeal may be brought from a decision of the Court of Appeal |
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under this section only if leave to do so is given by the Court of Appeal |
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|
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|
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(6) | Rules under section 40A(3) may make provision for regulating or |
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prescribing any matters incidental to or consequential on an appeal |
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(7) | In this section ‘party’ means, in relation to an appeal to the Tribunal, |
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the appellant or the OFT.” |
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58 | Consequential amendments relating to appeals |
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(1) | In section 2(7) of the 1974 Act (restriction on power to give directions to OFT) |
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for “Secretary of State” substitute “the Tribunal”. |
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(2) | In section 182 of that Act (regulations and orders) after subsection (1) insert— |
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“(1A) | The power of the Lord Chancellor to make rules under section 40A(3) |
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shall be exercisable by statutory instrument subject to annulment in |
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pursuance of a resolution of either House of Parliament.” |
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(3) | In subsection (2) of that section— |
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(a) | after “orders” wherever occurring insert “or rules”; |
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(b) | after “by the Secretary of State” insert “or by the Lord Chancellor”; |
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(c) | in paragraph (c) for “Secretary of State” substitute “person making |
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(4) | In section 189(1) of that Act (definitions)— |
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(a) | in the definition of “appeal period” for “Secretary of State” substitute |
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(b) | after the definition of “total price” insert— |
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“‘the Tribunal’ means the Consumer Credit Appeals |
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(5) | In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under |
| |
supervision of Council of Tribunals) after paragraph 9A insert— |
| 25 |
| | | | | | | Appeals Tribunal established |
| | | | | | | | | | Consumer Credit Act 1974.” |
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|
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59 | Financial services ombudsman scheme to apply to consumer credit licensees |
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(1) | After section 226 of the 2000 Act insert— |
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“226A | Consumer credit jurisdiction |
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(1) | A complaint which relates to an act or omission of a person (‘the |
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respondent’) is to be dealt with under the ombudsman scheme if the |
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conditions mentioned in subsection (2) are satisfied. |
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(2) | The conditions are that— |
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(a) | the complainant is eligible and wishes to have the complaint |
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dealt with under the scheme; |
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|
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|
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|
(b) | the complaint falls within a description specified in consumer |
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(c) | at the time of the act or omission the respondent was the |
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licensee under a standard licence or was authorised to carry on |
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an activity by virtue of section 34A of the Consumer Credit Act |
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(d) | the act or omission occurred in the course of a business being |
| |
carried on by the respondent which was of a type mentioned in |
| |
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(e) | at the time of the act or omission that type of business was |
| 10 |
specified in an order made by the Secretary of State; and |
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(f) | the complaint cannot be dealt with under the compulsory |
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(3) | The types of business referred to in subsection (2)(d) are— |
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(a) | a consumer credit business; |
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(b) | a consumer hire business; |
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(c) | a business so far as it comprises or relates to credit brokerage; |
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(d) | a business so far as it comprises or relates to debt-adjusting; |
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(e) | a business so far as it comprises or relates to debt-counselling; |
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(f) | a business so far as it comprises or relates to debt-collecting; |
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(g) | a business so far as it comprises or relates to debt |
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(h) | a business so far as it comprises or relates to the provision of |
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credit information services; |
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(i) | a business so far as it comprises or relates to the operation of a |
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(4) | A complainant is eligible if— |
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| |
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(ii) | a surety in relation to a security provided to the |
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respondent in connection with the business mentioned |
| |
in subsection (2)(d); and |
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(b) | he falls within a class of person specified in consumer credit |
| |
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(5) | The approval of the Treasury is required for an order under subsection |
| 35 |
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(6) | The jurisdiction of the scheme which results from this section is |
| |
referred to in this Act as the ‘consumer credit jurisdiction’. |
| |
(7) | In this Act ‘consumer credit rules’ means rules made by the scheme |
| |
operator with the approval of the Authority for the purposes of the |
| 40 |
consumer credit jurisdiction. |
| |
(8) | Consumer credit rules under this section may make different provision |
| |
| |
(9) | Expressions used in the Consumer Credit Act 1974 have the same |
| |
meaning in this section as they have in that Act.” |
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(2) | In Schedule 17 to that Act (the ombudsman scheme) after Part 3 insert the Part |
| |
3A set out in Schedule 2 to this Act. |
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