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Applications to the relevant authority under section 159(5) of the 1974 Act

5.—(1) This regulation prescribes the manner in which applications under section 159(5) of the 1974 Act by—

(a)objectors(1),

(b)business consumers, and

(c)agencies

shall be made to the relevant authority(2).

(2) An application by an objector, a business consumer or an agency shall state the name and address of the agency and of the objector or business consumer and shall give an indication of when the notice of correction under section 159(3) of the 1974 Act was served by the objector or business consumer on the agency.

(3) An application by an objector or a business consumer shall give particulars of the entry in the file or, as the case may be, of the information received by him from the agency and shall state why he considers the entry or information to be incorrect and why, if it is not corrected, he considers that he is likely to be prejudiced.

(4) An application by an agency shall be accompanied by—

(a)a copy of the file given by the agency to the objector, or of the information given by the agency to the business consumer under section 160(3) of the 1974 Act;

(b)a copy of the notice of correction; and

(c)a copy of related correspondence and other documents which have passed between the agency and the objector or business consumer;

and shall state the grounds upon which it appears to the agency that it would be improper for it to publish the notice of correction.

(1)

“Objector” is defined in section 159(1) of the Consumer Credit Act 1974, as amended by section 62 of the Data Protection Act 1998.

(2)

“Relevant authority” is defined in section 159(8) of the Consumer Credit Act 1974, as amended by section 62 of the Data Protection Act 1998.