The Consumer Credit Licensing (Appeals) Regulations 1998

Interpretation

2.  In these Regulations, unless the context otherwise requires—

“the Act” means the Consumer Credit Act 1974;

“appeal” means appeal to the Secretary of State under section 41 of the Act, and “the appeal” shall be construed accordingly;

“appellant” means a person making, or proposing to make, an appeal from a determination, being a person mentioned in the second column of the table set out at the end of section 41(1) of the Act in relation to such a determination;

“appointed person” means a person appointed by the Secretary of State in accordance with the provisions of regulation 24;

“business premises” means premises for occupation for the purposes of a consumer credit, consumer hire or ancillary credit business or for any of those and other purposes;

“determination” means a determination by the Director mentioned in the first column of the table set out at the end of section 41 of the Act;

“document” includes information recorded in writing or in any other form;

“notice of a determination”, in the case of a determination to which section 34 of the Act applies, means notice given in accordance with the provisions of subsection (3) of that section or, in the case of a determination which is a refusal to give directions in respect of the appellant under section 29(5) or 32(5) of the Act (Director’s power to give directions authorising the licensee to carry into effect agreements made by him before the expiry, revocation or suspension of a licence), means a notice setting out the determination given in accordance with the provisions of article 6 of the Consumer Credit Licensing (Representations) Order 1976(2);

“party”, in relation to an appeal, means any party to the appeal, including the Director;

“report” means the report of an appointed person prepared in accordance with regulation 21;

“Scottish proceedings” means proceedings in relation to an appeal where the appellant had, at the time of the determination, their principal business premises in Scotland;

and other expressions used in these Regulations have the same respective meanings as in the Act.

(1)

Section 150 of the Act provides that section 41 (as applied by section 147(1)) is to have effect as if the entry specified in section 150 were included in the table set out at the end of section 41.

(2)

S.I. 1976/191.