The Consumer Credit Appeals Tribunal Rules 2008

PART 1 Introduction

Citation and commencement

1.  These Rules may be cited as the Consumer Credit Appeals Tribunal Rules 2008 and come into force on 6th April 2008.

Interpretation

2.—(1) A reference in these Rules to a rule by number alone means the rule so numbered in these Rules.

(2) In these Rules—

“the 1974 Act” means the Consumer Credit Act 1974;

“the 2006 Act” means the Consumer Credit Act 2006(1);

“the 2007 Regulations” means the Money Laundering Regulations 2007(2);

“appeal” means an appeal to the Tribunal under section 41(1) of the 1974 Act or under regulation 44(2)(c) of the 2007 Regulations or, where the context requires, an appeal from the Tribunal to the Court of Appeal or the Court of Session;

“appellant” means a person who makes an appeal to the Tribunal;

“applicant” means a party who seeks permission to bring an appeal to the Court of Appeal or the Court of Session against a decision of the Tribunal;

“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such a document or copy in a legible form or in a form which can be readily made into a legible form;

“file” means send a document to the Tribunal so that the document is received by the Tribunal within any time limit specified by a direction or under these Rules;

“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990(3) or any person who according to the law applicable to Scotland or to Northern Ireland has rights to conduct litigation on behalf of members of the public or has rights of audience;

“notice of appeal” means a notice filed under rule 15(1) (notice of appeal);

“panel of chairmen” has the meaning set out in paragraph 1 of Schedule A1 to the 1974 Act;

“party” means the appellant or the Regulator and “other party” shall be construed accordingly;

“register” means the register maintained in accordance with rule 14 (the register);

“Regulator” means the Office of Fair Trading established under section 1 of the Enterprise Act 2002(4);

“Regulator’s decision” means the determination referred to in section 41(1) of the 1974 Act or a decision of the Regulator under regulations 34 or 42 of the 2007 Regulations;

“serve” means send a document to a party so that the document is received by that party within any time limit specified by a direction or under these Rules;

“statement of case” means a statement filed by the Regulator under rule 16(1) (Regulator’s statement of case);

“Tribunal” means the Consumer Credit Appeals Tribunal established by section 40A(1) of the 1974 Act;

“working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(5).

(3) Unless the context requires otherwise, anything permitted or required by these Rules to be done by a party may be done by the representative of that party.

(1)

2006 c.14.

(2)

S.I. 2007/2157.

(3)

1990 (c.41).

(4)

2002 (c.40).

(5)

1971 (c.80).