- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Consumer Credit Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)After section 40 of the 1974 Act insert—
(1)There shall be a tribunal known as the Consumer Credit Appeals Tribunal (‘the Tribunal’).
(2)The Tribunal shall have the functions conferred on it by or under this Part.
(3)The Lord Chancellor may by rules make such provision as he thinks fit for regulating the conduct and disposal of appeals before the Tribunal.
(4)Schedule A1 (which makes provision about the Tribunal and proceedings before it) shall have effect.
(5)But that Schedule does not limit the Lord Chancellor's powers under subsection (3).”
(2)Before Schedule 1 to that Act insert the Schedule A1 set out in Schedule 1 to this Act.
(1)In subsection (1) of section 41 of the 1974 Act (appeals) for the words from “prescribed period” onwards substitute “ specified period, appeal to the Tribunal ”.
(2)After that subsection insert—
“(1A)The means for making an appeal is by sending the Tribunal a notice of appeal.
(1B)The notice of appeal shall—
(a)be in the specified form;
(b)set out the grounds of appeal in the specified manner; and
(c)include the specified information and documents.
(1C)An appeal to the Tribunal is to be by way of a rehearing of the determination appealed against.
(1D)In this section ‘specified’ means specified by rules under section 40A(3).”
(3)Subsections (2) to (5) of that section shall cease to have effect.
In Part 3 of the 1974 Act after section 41 insert—
(1)A party to an appeal to the Tribunal may with leave appeal—
(a)in England and Wales and Northern Ireland, to the Court of Appeal, or
(b)in Scotland, to the Court of Session,
on a point of law arising from a decision of the Tribunal.
(2)For the purposes of subsection (1) leave to appeal may be given by—
(a)the Tribunal; or
(b)the Court of Appeal or the Court of Session.
(3)An application for leave to appeal may be made to the Court of Appeal or the Court of Session only if the Tribunal has refused such leave.
(4)If on an appeal under this section the court considers that the decision of the Tribunal was wrong in law, it may do one or more of the following—
(a)quash or vary that decision;
(b)substitute for that decision a decision of its own;
(c)remit the matter to the Tribunal for rehearing and determination in accordance with the directions (if any) given to it by the court.
(5)An appeal may be brought from a decision of the Court of Appeal under this section only if leave to do so is given by the Court of Appeal or the House of Lords.
(6)Rules under section 40A(3) may make provision for regulating or prescribing any matters incidental to or consequential on an appeal under this section.
(7)In this section ‘party’ means, in relation to an appeal to the Tribunal, the appellant or the OFT.”
(1)In section 2(7) of the 1974 Act (restriction on power to give directions to OFT) for “Secretary of State” substitute “ the Tribunal ”.
(2)In section 182 of that Act (regulations and orders) after subsection (1) insert—
“(1A)The power of the Lord Chancellor to make rules under section 40A(3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
(3)In subsection (2) of that section—
(a)after “orders” wherever occurring insert “ or rules ”;
(b)after “by the Secretary of State” insert “ or by the Lord Chancellor ”;
(c)in paragraph (c) for “Secretary of State” substitute “ person making them ”.
(4)In section 189(1) of that Act (definitions)—
(a)in the definition of “appeal period” for “Secretary of State” substitute “ Tribunal ”;
(b)after the definition of “total price” insert—
“‘the Tribunal’ means the Consumer Credit Appeals Tribunal;”.
(5)In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under supervision of Council on Tribunals) after paragraph 9A insert—
|“Consumer credit||9B. The Consumer Credit Appeals Tribunal established by section 40A of the Consumer Credit Act 1974.”|
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: