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PART 2Amendments to primary legislation

Information on change of rate of interest and charges

28.  In section 82 (variation of agreements), after subsection (1) insert—

(1A) Subsection (1) does not apply to a variation in the rate of interest charged under an agreement not secured on land (see section 78A).

(1B) Subsection (1) does not apply to a variation in the rate of interest charged under an agreement secured on land if—

(a)the agreement falls within subsection (1D), and

(b)the variation is a reduction in the rate.

(1C) Subsection (1) does not apply to a variation in any other charge under an agreement if—

(a)the agreement falls within subsection (1D), and

(b)the variation is a reduction in the charge.

(1D) The agreements referred to in subsections (1B) and (1C) are—

(a)an authorised business overdraft agreement,

(b)an authorised non-business overdraft agreement, or

(c)an agreement which would be an authorised non-business overdraft agreement but for the fact that the credit is not repayable on demand or within three months.

(1E) Subsection (1) does not apply to a debtor-creditor agreement arising where the holder of a current account overdraws on the account without a pre-arranged overdraft or exceeds a pre-arranged overdraft limit..