The Consumer Credit (Green Deal) Regulations 2012

Regulation 5

SCHEDULEAmendment of consumer credit regulations

This schedule has no associated Explanatory Memorandum

The Consumer Credit (Agreements) Regulations 1983

1.—(1) The Consumer Credit (Agreements) Regulations 1983(1) are amended as follows.

(2) In paragraph 24A (statement regarding debtor’s right of early repayment)(2) of Schedule 1 (information to be contained in documents embodying regulated consumer credit agreements other than modifying agreements), for “section 95A”, substitute “sections 95A and 95B”.

(3) In paragraph 24A (statement regarding debtor’s right of early repayment)(3) in Part I (information to be contained in documents embodying regulated modifying agreements varying or supplanting earlier credit agreements) of Schedule 8 (regulated modifying agreements), for “section 95A”, substitute “sections 95A and 95B”.

The Consumer Credit (Settlement Information) Regulations 1983

2.  In paragraph 3A (compensatory amount)(4) of the Schedule (information to be contained in settlement statements) to the Consumer Credit (Settlement Information) Regulations 1983(5), after “95A(2)”, insert “or 95B(2)”.

The Consumer Credit (Early Settlement) Regulations 2004

3.—(1) The Consumer Credit (Early Settlement) Regulations 2004(6) are amended as follows.

(2) In regulation 1(2) (interpretation)(7), at the appropriate place, insert—

“green deal plan” has the meaning given in section 1 of the Energy Act 2011;.

(3) In regulation 4A(2) (calculation of the amount of rebate where indebtedness is discharged in part)(8), after “95A(2)”, insert “or 95B(2)”.

(4) In regulation 6 (deferment of settlement date)—

(a)regulation 6 is renumbered as paragraph (1) of that regulation;

(b)after paragraph (1) as so renumbered, insert—

(2) Paragraph (1) does not apply where the agreement is a green deal plan and the creditor under that plan is claiming a payment under section 95B(2) of the Act..

The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007

4.—(1) The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007(9) are amended as follows.

(2) In regulation 2 (interpretation), at the appropriate place, insert—

“green deal plan” has the meaning given in section 1 of the Energy Act 2011;.

(3) In regulation 4(b) (content of statements), before “each”, insert “except where sub-paragraph (ba) applies,”.

(4) In regulation 4 (content of statements), after paragraph (b), insert—

(ba)where the statement relates to a green deal plan, each of the forms of wording set out in Part 2A of Schedule 1;.

(5) In Schedule 1, after Part 2 (information to be included in statements relating to fixed-sum credit agreements) insert—

Regulation 4(ba)

PART 2AINFORMATION TO BE INCLUDED IN STATEMENTS RELATING TO FIXED-SUM CREDIT AGREEMENTS WHICH ARE GREEN DEAL PLANS

4A.  Each of the following forms of wording shall be contained in a statement under this Part—

The Consumer Credit (Disclosure of Information) Regulations 2010

5.  In paragraph 4 (other important legal aspects) of Schedule 1 (pre-contract credit information) to the Consumer Credit (Disclosure of Information) Regulations 2010(10), in column 2 of the second row of the table, after “section 95A” insert “(and, where applicable, section 95B)”.

The Consumer Credit (Agreements) Regulations 2010

6.  In paragraph 28 (early repayment) of Schedule 1 (information to be included in regulated consumer credit agreements) to the Consumer Credit (Agreements) Regulations 2010(11), in column 3 of the table, for “section 95A”, substitute “sections 95A and 95B”.

(2)

Paragraph 24A was inserted by S.I. 2010/1010, regulation 54(c).

(3)

Paragraph 24A was inserted by S.I. 2010/1010, regulation 56.

(4)

Paragraph 3A was inserted by S.I. 2010/1010, regulation 62(a).

(7)

Regulation 1(2) was amended by S.I. 2010/1010, regulation 78(a). Regulation 78(a) of S.I. 2010/1010 was amended by S.I. 2010/1969, regulation 26.

(8)

Section 4A was inserted by S.I. 2010/1010, regulation 82.

(9)

S.I. 2007/1167, to which there are amendments not relevant to these Regulations.

(10)

S.I. 2010/1013, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2010/1014, to which there are amendments not relevant to these Regulations.