The Consumer Credit Act 1974 (Commencement No. 5) Order 1979

Statutory Instruments

1979 No. 1685 (C.42)

CONSUMER CREDIT

The Consumer Credit Act 1974 (Commencement No. 5) Order 1979

Made

17th December 1979

The Secretary of State, in exercise of powers conferred on him by sections 182(2) and 192(4) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and interpretation

1.—(1) This Order may be cited as the Consumer Credit Act 1974 (Commencement No. 5) Order 1979.

(2) In this Order, “the Act” means the Consumer Credit Act 1974.

Appointed day

2.—(1) Subject to Article 3 of this Order, the repeals specified in Schedule 5 to the Act which are set out in Parts I and III of the Schedule to this Order shall come into operation on 27th January 1980 (hereinafter referred to as “the appointed day”) in relation to agreements made on or after that day which are not consumer credit agreements.

(2) The repeals specified in Schedule 5 to the Act which are set out in Parts II and IV of the Schedule to this Order shall come into operation on the appointed day and shall have effect subject to the limitations there specified.

3.  Nothing in Article 2(1) shall affect any agreement made with, or any loan made by or security taken by, a moneylender within the meaning of the Acts set out in the Schedule to this Order, before the appointed day.

Sally Oppenheim

Minister of State

Department of Trade

17th December 1979

(Article 2)

SCHEDULE REPEALS SPECIFIED IN SCHEDULE 5 TO THE ACT

UNITED KINGDOM

Chapter	Short Title	Extent of Repeal	Agreements in relation to which repeal not to have effect
		PART I
1927 (17&18 Geo. 5) c.21.	Moneylenders Act 1927.	Sections 6 to 8. Sections 11 to 14. Section 15(2). Section 16. Schedule 1.
		PART II
	Moneylenders Act 1927.	Section 4(2). Section 5(1), (2), (4) and (6). Section 5(5). Section 9.	Moneylending transactions made before 27th January 1980.

NORTHERN IRELAND

Chapter	Short Title	Extent of Repeal	Agreements in relation to which repeal not to have effect
		PART III
1933 c. 23 (N.I.).	Moneylenders Act (Northern Ireland) 1933.	Sections 6 to 8. Sections 12 to 16. Schedule 1.
		PART IV
	Moneylenders Act (Northern Ireland) 1933.	Section 4(2). Section 5(1), (2), (4) and (6). Section 5(5). Section 9.	Moneylending transactions made before 27th January 1980.

EXPLANATORY NOTE

This Order appoints (see Article 2) 27th January 1980 as the day on which certain repeals of provisions relating to moneylenders specified in Schedule 5 to the Consumer Credit Act 1974 come into operation. The repeals in Parts I and III of the Schedule to the Order apply to agreements which are not consumer credit agreements.

Article 3 provides that nothing in Article 2(1) shall affect transactions with moneylenders made before the appointed day.