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Enterprise Act 2002

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Consumer Credit Act 1974 (c. 39)E+W+S+N.I.

6(1)The Consumer Credit Act 1974 is amended as follows.

(2)In section 1 (general functions of Director)—

(a)in subsection (1)—

(i)for “the Director General of Fair Trading (“the Director”)” there is substituted “ the Office of Fair Trading (“the OFT”) ”;

(ii)for “him” there is substituted “ it ”;

(iii)for “himself” there is substituted “ itself ”;

(b)in subsection (2)—

(i)for “Director” there is substituted “ OFT ”;

(ii)for “him” there is substituted “ it ”;

(c)in the sidenote, for “Director” there is substituted “ OFT ”;

and in the heading before that section, for “DIRECTOR GENERAL OF FAIR TRADING” there is substituted “ OFFICE OF FAIR TRADING ”.

(3)In section 2 (powers of Secretary of State)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsections (1)(b) and (2), for “his” there is substituted “ its ”;

(c)in subsection (4), for “him” there is substituted “ it ”.

(4)In section 4 (dissemination of information and advice)—

(a)for “Director” there is substituted “ OFT ”;

(b)for “he”, “him” and “his” there is substituted “ it ”, “ it ” and “ its ” respectively.

(5)In section 6 (form etc. of applications)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (3), for “him” there is substituted “ it ”.

(6)In section 7 (penalty for false information), for “Director” (in each place) there is substituted “ OFT ”.

(7)In section 22 (standard and group licences)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1)(b), for “his” and “he” there is substituted “ its ” and “ it ” respectively;

(c)in subsection (5), for “him” there is substituted “ it ”.

(8)In section 25 (licensee to be a fit person)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (2), for “him” there is substituted “ it ”.

(9)In section 27 (determination of applications)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1)—

(i)for “he” (in both places) there is substituted “ it ”;

(ii)in paragraph (a), for “his” there is substituted “ its ”;

(c)in subsection (2), for “him” (in both places) there is substituted “ it ”.

(10)In section 28 (exclusion from a group licence)—

(a)for “Director” (in both places) there is substituted “ OFT ”;

(b)for “he” there is substituted “ it ”;

(c)in paragraph (a), for “his” there is substituted “ its ”.

(11)In section 29 (renewal)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (2), for “his” there is substituted “ its ”.

(12)In section 30 (variation by request)—

(a)for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b)in subsection (4)(a), for “his” there is substituted “ its ”.

(13)In section 31 (compulsory variation)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “he” (in both places) there is substituted “ it ”;

(c)in subsection (2)(a), for “his” there is substituted “ its ”;

(d)in subsection (3), for “he”, “his” and “him” there is substituted respectively “ it ”, “ its ” and “ it ” respectively;

(e)in subsection (4)(a), for “his” there is substituted “ its ”.

(14)In section 32 (suspension and revocation)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “he” (in both places) there is substituted “ it ”;

(c)in subsection (2)(a), for “his” there is substituted “ its ”;

(d)in subsection (3), for “he”, “his” and “him” there is substituted “ it ”, “ its ” and “ it ” respectively;

(e)in subsection (4)(a), for “his” there is substituted “ its ”;

(f)in subsection (5), for “he” there is substituted “ it ”;

(g)in subsection (8), for “him” there is substituted “ it ”.

(15)In section 33 (application to end suspension)—

(a)for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b)in subsection (2)(a), for “his” there is substituted “ its ”.

(16)In section 34 (representations to Director)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsections (2) and (3), for “his” there is substituted “ its ”.

(17)In section 35 (the register)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsections (1) and (4), for “he” there is substituted “ it ”;

(c)in subsection (1)(c), for “him” there is substituted “ it ”.

(18)In section 36 (duty to notify changes)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19)In section 39 (offences against Part 3), for “Director” there is substituted “ OFT ”.

(20)In section 40 (enforcement of agreements made by unlicensed trader)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (3)—

(i)for “he” (in both places) there is substituted “ it ”;

(ii)in paragraph (a), for “his” there is substituted “ its ”;

(c)in subsection (5), for “he” there is substituted “ it ”.

(21)In section 41 (appeals to Secretary of State under Part 3), in subsection (1), for “Director” there is substituted “ OFT ”.

(22)In section 49 (prohibition of canvassing debtor-creditor agreements off trade premises), for “Director” (in each place) there is substituted “ OFT ”.

(23)In section 60 (form and content of agreements), in subsections (3) and (4), for “Director” (in each place) and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively.

(24)In section 64 (duty to give notice of cancellation rights), for “Director” (in each place) there is substituted “ OFT ”.

(25)In section 74 (exclusion of certain agreements from Part 5)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (3A), for “he” there is substituted “ it ”.

(26)In section 101 (right to terminate hire agreement), in subsection (8), for “Director” (in each place) and “he” there is substituted “ OFT ” and “ it ” respectively.

(27)In section 113 (Act not to be evaded by use of security), in subsection (2), for “Director” there is substituted “ OFT ”.

(28)In section 148 (agreement for services of unlicensed trader)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (3)—

(i)for “he” (in both places) there is substituted “ it ”;

(ii)in paragraph (a), for “his” there is substituted “ its ”;

(c)in subsection (5), for “he” there is substituted “ it ”.

(29)In section 149 (regulated agreements made on introductions by unlicensed credit-broker)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (3)—

(i)for “he” (in both places) there is substituted “ it ”;

(ii)in paragraph (a), for “his” there is substituted “ its ”;

(c)in subsection (5), for “he” there is substituted “ it ”.

(30)In section 159 (correction of wrong information), for “Director” there is substituted “ OFT ”.

(31)In section 160 (alternative procedure for business consumers)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “he” there is substituted “ it ”.

(32)In section 161 (enforcement authorities)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)subsection (2) (requirement to notify Director of intended prosecution) is omitted;

(c)in subsection (3), for “he” and “him” there is substituted “ it ”.

(33)In section 162 (powers of entry and inspection), in subsection (5), for “Director” there is substituted “ OFT ”.

(34)In section 166 (notification of convictions and judgments to Director), for “Director” (in each place), “Director’s” and “his” there is substituted “ OFT ”, “ OFT’s ” and “ its ” respectively.

(35)In section 170 (no further sanctions for breach of Act), for “his”, “Director” and “him” there is substituted “ its ”, “ OFT ” and “ it ” respectively.

(36)In section 173 (contracting-out forbidden), in subsection (3), for “Director” there is substituted “ OFT ”.

(37)In section 183 (determinations etc. by Director), for “Director” (in both places) and “him” there is substituted “ OFT ” and “ it ” respectively.

(38)In section 189 (general interpretation provisions)—

(a)in subsection (1)—

(i)the definition of “Director” shall cease to have effect;

(ii)in the definition of “general notice”, for “Director” and “him” there is substituted “ OFT ” and “ it ” respectively;

(iii)after the definition of “notice of cancellation” there is inserted—

OFT” means the Office of Fair Trading;;

(iv)in the definition of “register”, for “Director” there is substituted “ OFT ”;

(b)in subsection (5), for “Director” (in both places) there is substituted “ OFT ”.

(39)In section 191 (special provisions as to Northern Ireland)—

(a)for “Director” (in both places) there is substituted “ OFT ”;

(b)in subsection (1), for “his” and “him” there is substituted “ the OFT’s ” and “ the OFT ” respectively.

(40)In Schedule 1 (prosecution and punishment of offences), in the entry relating to section 7, for “Director” there is substituted “ OFT ”.

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