Introduction
Summary
Short Background
The Act
Interpretation
Commentary on Sections
Agreements Regulated under the 1974 Act
Section 1: Definition of “individual”
Section 2: Removal of financial limits etc.
Section 3: Exemption relating to high net worth debtors and hirers
Section 4: Exemption relating to businesses
Section 5: Consequential amendments relating to ss. 1 to 4
Statements to Be Provided in Relation to Regulated Agreements
Section 6: Statements to be provided in relation to fixed-sum credit agreements
Section 7: Further provision relating to statements
Default under Regulated Agreements
Section 8: OFT to prepare information sheets on arrears and default
Section 9: Notice of sums in arrears under fixed-sum credit agreements etc.
Section 10: Notice of sums in arrears under running-account credit agreements
Section 11: Failure to give notice of sums in arrears
Section 12: Notice of default sums
Section 13: Interest on default sums
Section 14: Default notices
Section 15: Enforceability of regulated agreements
Section 16: Time orders
Section 17: Interest payable on judgment debts etc.
Section 18: Definition of “default sum”
Unfair Relationships
Section 19: Unfair relationships between creditors and debtors
Section 20: Powers of the court in relation to unfair relationships
Section 21: Interpretation of ss.140A and 140B of the 1974 Act
Section 22: Further provision relating to unfair relationships
Businesses Requiring a Licence and Consequences of Not Being Licensed
Section 23: Definitions of consumer credit business and consumer hire business
Section 24: Debt administration
Section 25: Credit information services
Section 26: Enforcement of agreements by unlicensed trader etc
Applications for Licences and Fitness to Hold a Licence Etc.
Section 27: Charge on applicants for licences etc.
Section 28: Applications for standard licences
Section 29: Issue of standard licences
Section 30: Guidance on fitness test
Section 31: Variation of licences etc.
Section 32: Winding up of standard licensee’s business
Section 33: Consequential amendments relating to sections 27 to 32
Duration of Licences
Section 34: Definite and indefinite licences
Sections 35 - 37: Charges for indefinite licences
Further Powers of Oft to Regulate Conduct of Licensees Etc.
Section 38: Power of OFT to impose requirements on licensees
Section 39: Power of OFT to impose requirements on supervisory bodies
Section 40: Supplementary provision relating to requirements
Section 41: Procedure in relation to requirements
Section 42: Guidance on requirements
Section 43: Consequential amendments relating to requirements
Powers and Duties in Relation to Information
Section 44: Provision of information etc. by applicants
Section 45: Duties to notify changes in information etc.
Section 46: Power of OFT to require information generally
Section 47: Power of OFT to require access to premises
Section 48: Entry to premises under warrant
Section 49: Failure to comply with information requirement
Section 50: Officers of enforcement authorities other than OFT
Section 51: Consequential amendments relating to information
Civil Penalties
Section 52: Power of OFT to impose civil penalties
Section 53: Further provision relating to civil penalties
Section 54: Statement of policy in relation to civil penalties
Appeals
Section 55: The Consumer Credit Appeals Tribunal
Section 56: Appeals to the Consumer Credit Appeals Tribunal
Section 57: Appeals from the Consumer Credit Appeals Tribunal
Section 58: Consequential amendments relating to appeals
Ombudsman Scheme
Section 59: Financial Services Ombudsman scheme to apply to consumer credit licensees
Section 60: Funding of ombudsman scheme
Section 61: Consequential amendments relating to ombudsman scheme
Miscellaneous
Section 62: Monitoring of businesses by OFT
Section 63: Disapplication of section 101 of the 1974 Act
Section 64: Determinations etc. by OFT
Schedules
Schedule 1: The consumer credit appeals tribunal
Schedule 2: The consumer credit jurisdiction
Schedule 3: Transitional provision and savings
Territorial Application
Commencement Date
Hansard References