SCHEDULES
SCHEDULE 25Minor and consequential amendments
6Consumer Credit Act 1974 (c. 39)
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
”
.