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Consumer Credit Bill


55

Consumer Credit Bill
Schedule 1 — Schedule A1 to the 1974 Act

 

Schedules

Schedule 1

Section 55

 

Schedule A1 to the 1974 Act

SCHEDULE A1

The Consumer Credit Appeals Tribunal

5

Part 1

Interpretation

1          

In this Schedule—

“the Deputy President” means the Deputy President of the Consumer

Credit Appeals Tribunal;

10

“lay panel” means the panel established under paragraph 3(3);

“panel of chairmen” means the panel established under paragraph 3(1);

“party” means, in relation to an appeal, the appellant or the OFT;

“the President” means the President of the Consumer Credit Appeals

Tribunal;

15

“rules” means rules under section 40A(3) of this Act;

“specified” means specified by rules.

Part 2

The Tribunal

The President and the Deputy President

20

2     (1)  

The Lord Chancellor shall appoint one of the members of the panel of

chairmen to preside over the discharge of the Tribunal’s functions.

      (2)  

The person so appointed shall be known as the President of the Consumer

Credit Appeals Tribunal.

      (3)  

The Lord Chancellor may appoint one of the members of the panel of

25

chairmen to be the Deputy President of the Consumer Credit Appeals

Tribunal.

      (4)  

The Deputy President shall have such functions in relation to the Tribunal as

the President may assign to him.

      (5)  

If the President or the Deputy President ceases to be a member of the panel

30

of chairmen, he shall also cease to be the President or (as the case may be) the

Deputy President.

 

 

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Schedule 1 — Schedule A1 to the 1974 Act

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      (6)  

The functions of the President may, if he is absent or is otherwise unable to

act, be discharged—

(a)   

by the Deputy President; or

(b)   

if there is no Deputy President or he too is absent or otherwise unable

to act, by a person appointed for that purpose from the panel of

5

chairmen by the Lord Chancellor.

Panels

3     (1)  

The Lord Chancellor shall appoint a panel of persons for the purpose of

serving as chairmen of the Tribunal.

      (2)  

A person shall not be appointed to the panel of chairmen unless he—

10

(a)   

has a seven year general qualification within the meaning of section

71 of the Courts and Legal Services Act 1990;

(b)   

is an advocate or solicitor in Scotland of at least seven years’

standing; or

(c)   

is a member of the Bar of Northern Ireland, or a solicitor of the

15

Supreme Court of Northern Ireland, of at least seven years’ standing.

      (3)  

The Lord Chancellor shall also appoint a panel of persons who appear to

him to be qualified by experience or otherwise to deal with appeals of the

kind that may be made to the Tribunal.

Terms of office etc.

20

4     (1)  

Each member of the panel of chairmen or the lay panel shall hold and vacate

office in accordance with the terms of his appointment.

      (2)  

The Lord Chancellor may remove a member of either panel from office on

the ground of incapacity or misbehaviour.

      (3)  

A member of either panel—

25

(a)   

may at any time resign office by notice in writing to the Lord

Chancellor;

(b)   

is eligible for re-appointment if he ceases to hold office.

Remuneration and allowances

5          

The Lord Chancellor may pay to a person in respect of his service—

30

(a)   

as the President or the Deputy President,

(b)   

as a member of the Tribunal, or

(c)   

as a person appointed under paragraph 7(4),

           

such remuneration and allowances as the Lord Chancellor may determine.

Staff and costs

35

6     (1)  

The Lord Chancellor may appoint such staff for the Tribunal as he may

determine.

      (2)  

The Lord Chancellor shall defray—

(a)   

the remuneration of the Tribunal’s staff; and

(b)   

such other costs of the Tribunal as he may determine.

40

 

 

Consumer Credit Bill
Schedule 1 — Schedule A1 to the 1974 Act

57

 

Part 3

Constitution of the Tribunal

7     (1)  

On an appeal to the Tribunal, the persons to act as members of the Tribunal

for the purposes of the appeal shall be selected from the panel of chairmen

or the lay panel.

5

      (2)  

The selection shall be in accordance with arrangements made by the

President for the purposes of this paragraph.

      (3)  

Those arrangements shall provide for at least one member to be a person

selected from the panel of chairmen.

      (4)  

If it appears to the Tribunal that a matter before it involves a question of fact

10

of special difficulty, it may appoint one or more experts to provide

assistance.

Part 4

Tribunal powers and procedure

Sittings

15

8          

The Tribunal shall sit at such times and in such places as the Lord Chancellor

may direct.

Evidence

9     (1)  

Subject to sub-paragraph (2), the Tribunal may, on an appeal, consider any

evidence that it thinks relevant, whether or not it was available to the OFT

20

at the time it made the determination appealed against.

      (2)  

Rules may make provision restricting the evidence that the Tribunal may

consider on an appeal in specified circumstances.

Rules on procedure

10         

Rules may include, amongst other things, provision—

25

(a)   

about the withdrawal of appeals;

(b)   

about persons who may appear on behalf of a party to an appeal;

(c)   

about how an appeal is to be dealt with if a person acting as member

of the Tribunal in respect of the appeal becomes unable to act;

(d)   

setting time limits in relation to anything that is to be done for the

30

purposes of an appeal or for such limits to be set by the Tribunal or

a member of the panel of chairmen;

(e)   

for time limits (including the period specified for the purposes of

section 41(1) of this Act) to be extended by the Tribunal or a member

of the panel of chairmen;

35

(f)   

conferring powers on the Tribunal or a member of the panel of

chairmen to give such directions to the parties to an appeal as it or he

thinks fit for purposes connected with the conduct and disposal of

the appeal;

(g)   

about the holding of hearings by the Tribunal or a member of the

40

panel of chairmen (including for such hearings to be held in private);

 

 

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Schedule 1 — Schedule A1 to the 1974 Act

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(h)   

placing restrictions on the disclosure of information and documents

or for such restrictions to be imposed by the Tribunal or a member of

the panel of chairmen;

(i)   

about the consequences of a failure to comply with a requirement

imposed by or under any rule (including for the immediate dismissal

5

or allowing of an appeal if the Tribunal or a member of the panel of

chairmen thinks fit);

(j)   

for proceedings on different appeals (including appeals with

different appellants) to take place concurrently;

(k)   

for the suspension of determinations of the OFT;

10

(l)   

for the suspension of decisions of the Tribunal;

(m)   

for the Tribunal to reconsider its decision disposing of an appeal

where it has reason to believe that the decision was wrongly made

because of an administrative error made by a member of its staff.

Council of Tribunals

15

11         

A member of the Council of Tribunals or of its Scottish Committee shall be

entitled—

(a)   

to attend any hearing held by the Tribunal or a member of the panel

of chairmen whether or not it is held in public; and

(b)   

to attend any deliberations of the Tribunal in relation to an appeal.

20

Disposal of appeals

12    (1)  

The Tribunal shall decide an appeal by reference to the grounds of appeal set

out in the notice of appeal.

      (2)  

In disposing of an appeal the Tribunal may do one or more of the

following—

25

(a)   

confirm the determination appealed against;

(b)   

quash that determination;

(c)   

vary that determination;

(d)   

remit the matter to the OFT for reconsideration and determination in

accordance with the directions (if any) given to it by the Tribunal;

30

(e)   

give the OFT directions for the purpose of giving effect to its

decision.

      (3)  

In the case of an appeal against a determination to impose a penalty, the

Tribunal—

(a)   

has no power by virtue of sub-paragraph (2)(c) to increase the

35

penalty;

(b)   

may extend the period within which the penalty is to be paid

(including in cases where that period has already ended).

      (4)  

Sub-paragraph (3) does not affect—

(a)   

the Tribunal’s power to give directions to the OFT under sub-

40

paragraph (2)(d); or

(b)   

what the OFT can do where a matter is remitted to it under sub-

paragraph (2)(d).

      (5)  

Where the Tribunal remits a matter to the OFT, it may direct that the

requirements of section 34 of this Act are not to apply, or are only to apply

45

to a specified extent, in relation to the OFT’s reconsideration of the matter.

 

 

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Schedule 1 — Schedule A1 to the 1974 Act

59

 

      (6)  

Subject to sub-paragraphs (7) and (8), where the Tribunal remits an

application to the OFT, section 6(1) and (3) to (9) of this Act shall apply as if

the application had not been previously determined by the OFT.

      (7)  

In the case of a general notice which came into effect after the determination

appealed against was made but before the application was remitted, the

5

applicant shall provide any information or document which he is required

to provide under section 6(6) within—

(a)   

the period of 28 days beginning with the day on which the

application was remitted; or

(b)   

such longer period as the OFT may allow.

10

      (8)  

In the case of—

(a)   

any information or document which was superseded,

(b)   

any change in circumstances which occurred, or

(c)   

any error or omission of which the applicant became aware,

           

after the determination appealed against was made but before the

15

application was remitted, any notification that is required to be given by the

applicant under section 6(7) shall be given within the period of 28 days

beginning with the day on which the application was remitted.

Decisions of the Tribunal

13    (1)  

A decision of the Tribunal may be taken by majority.

20

      (2)  

A decision of the Tribunal disposing of an appeal shall—

(a)   

state whether it was unanimous or taken by majority; and

(b)   

be recorded in a document which—

(i)   

contains a statement of the reasons for the decision and any

other specified information; and

25

(ii)   

is signed and dated by a member of the panel of chairmen.

      (3)  

Where the Tribunal disposes of an appeal it shall—

(a)   

send to each party to the appeal a copy of the document mentioned

in sub-paragraph (2)(b); and

(b)   

publish that document in such manner as it thinks fit.

30

      (4)  

The Tribunal may exclude from what it publishes under sub-paragraph

(3)(b) information of a specified description.

Costs

14    (1)  

Where the Tribunal disposes of an appeal and—

(a)   

it decides that the OFT was wrong to make the determination

35

appealed against, or

(b)   

during the course of the appeal the OFT accepted that it was wrong

to make that determination,

           

it may order the OFT to pay to the appellant the whole or a part of the costs

incurred by the appellant in relation to the appeal.

40

      (2)  

In determining whether to make such an order, and the terms of such an

order, the Tribunal shall have regard to whether it was unreasonable for the

OFT to make the determination appealed against.

15         

Where—

 

 

Consumer Credit Bill
Schedule 2 — Part 3A of Schedule 17 to the 2000 Act

60

 

(a)   

the Tribunal disposes of an appeal or an appeal is withdrawn before

the Tribunal disposes of it, and

(b)   

the Tribunal thinks that a party to the appeal acted vexatiously,

frivolously or unreasonably in bringing the appeal or otherwise in

relation to the appeal,

5

           

it may order that party to pay to the other party the whole or a part of the

costs incurred by the other party in relation to the appeal.

16         

An order of the Tribunal under paragraph 14 or 15 may be enforced—

(a)   

as if it were an order of the county court; or

(b)   

in Scotland, as if it were an interlocutor of the Court of Session.

10

Schedule 2

Section 59

 

Part 3A of Schedule 17 to the 2000 Act

Part 3A

The consumer credit jurisdiction

Introduction

15

16A        

This Part of this Schedule applies only in relation to the consumer credit

jurisdiction.

Procedure for complaints etc.

16B   (1)  

Consumer credit rules—

(a)   

must provide that a complaint is not to be entertained unless the

20

complainant has referred it under the ombudsman scheme before the

applicable time limit (determined in accordance with the rules) has

expired;

(b)   

may provide that an ombudsman may extend that time limit in

specified circumstances;

25

(c)   

may provide that a complaint is not to be entertained (except in

specified circumstances) if the complainant has not previously

communicated its substance to the respondent and given him a

reasonable opportunity to deal with it;

(d)   

may make provision about the procedure for the reference of

30

complaints and for their investigation, consideration and

determination by an ombudsman.

      (2)  

Sub-paragraphs (2) and (3) of paragraph 14 apply in relation to consumer

credit rules under sub-paragraph (1) of this paragraph as they apply in

relation to scheme rules under that paragraph.

35

      (3)  

Consumer credit rules may require persons falling within sub-paragraph (6)

to establish such procedures as the scheme operator considers appropriate

for the resolution of complaints which may be referred to the scheme.

      (4)  

Consumer credit rules under sub-paragraph (3) may make different

provision in relation to persons of different descriptions or to complaints of

40

different descriptions.

 

 

Consumer Credit Bill
Schedule 2 — Part 3A of Schedule 17 to the 2000 Act

61

 

      (5)  

Consumer credit rules under sub-paragraph (3) may authorise the scheme

operator to dispense with or modify the application of such rules in

particular cases where the scheme operator—

(a)   

considers it appropriate to do so; and

(b)   

is satisfied that the specified conditions (if any) are met.

5

      (6)  

A person falls within this sub-paragraph if he is licensed by a standard

licence (within the meaning of the Consumer Credit Act 1974) to carry on to

any extent a business of a type specified in an order under section 226A(2)(e)

of this Act.

Fees

10

16C   (1)  

Consumer credit rules may require a respondent to pay to the scheme

operator such fees as may be specified in the rules.

      (2)  

Sub-paragraph (2) of paragraph 15 applies in relation to consumer credit

rules under this paragraph as it applies in relation to scheme rules under

that paragraph.

15

Enforcement of money awards

16D        

A money award, including interest, which has been registered in accordance

with consumer credit rules may—

(a)   

if a county court so orders in England and Wales, be recovered by

execution issued from the county court (or otherwise) as if it were

20

payable under an order of that court;

(b)   

be enforced in Northern Ireland as a money judgment under the

Judgments Enforcement (Northern Ireland) Order 1981;

(c)   

be enforced in Scotland as if it were a decree of the sheriff and

whether or not the sheriff could himself have granted such a decree.

25

Procedure for consumer credit rules

16E   (1)  

If the scheme operator makes any consumer credit rules, it must give a copy

of them to the Authority without delay.

      (2)  

If the scheme operator revokes any such rules, it must give written notice to

the Authority without delay.

30

      (3)  

The power to make such rules is exercisable in writing.

      (4)  

Immediately after the making of such rules, the scheme operator must

arrange for them to be printed and made available to the public.

      (5)  

The scheme operator may charge a reasonable fee for providing a person

with a copy of any such rules.

35

Verification of consumer credit rules

16F   (1)  

The production of a printed copy of consumer credit rules purporting to be

made by the scheme operator—

(a)   

on which there is endorsed a certificate signed by a member of the

scheme operator’s staff authorised by the scheme operator for that

40

purpose, and

(b)   

which contains the required statements,

 

 

 
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