Search Legislation

Consumer Credit Act 1974

Status:

This is the original version (as it was originally enacted).

Advertising

43Advertisements to which Part IV applies

(1)This Part applies to any advertisement, published for the purposes of a business carried on by the advertiser, indicating that he is willing—

(a)to provide credit, or

(b)to enter into an agreement for the bailment or (in Scotland) the hiring of goods by him.

(2)An advertisement does not fall within subsection (1) if the advertiser does not carry on—

(a)a consumer credit business or consumer hire business, or

(b)a business in the course of which he provides credit to individuals secured on land, or

(c)a business which comprises or relates to unregulated agreements where—

(i)the proper law of the agreement is the law of a country outside the United Kingdom, and

(ii)if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated agreement.

(3)An advertisement does not fall within subsection (1)(a) if it indicates—

(a)that the credit must exceed £5,000, and that no security is required, or the security is to consist of property other than land, or

(b)that the credit is available only to a body corporate.

(4)An advertisement does not fall within subsection (1)(b) if it indicates that the advertiser is not willing to enter into a consumer hire agreement.

(5)The Secretary of State may by order provide that this Part shall not apply to other advertisements of a description specified in the order.

44Form and content of advertisements

(1)The Secretary of State shall make regulations as to the form and content of advertisements to which this Part applies, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that, having regard to its subject-matter and the amount of detail included in it, an advertisement conveys a fair and reasonably comprehensive indication of the nature of the credit or hire facilities offered by the advertiser and of their true cost to persons using them.

(2)Regulations under subsection (1) may in particular—

(a)require specified information to be included in the prescribed manner in advertisements, and other specified material to be excluded ;

(b)contain requirements to ensure that specified information is clearly brought to the attention of persons to whom advertisements are directed, and that one part of an advertisement is not given insufficient or excessive prominence compared with another.

45Prohibition of advertisement where goods etc. not sold for cash

If an advertisement to which this Part applies indicates that the advertiser is willing to provide credit under a restricted-use credit agreement relating to goods or services to be supplied by any person, but at the time when the advertisement is published that person is not holding himself out as prepared to sell the goods or provide the services (as the case may be) for cash, the advertiser commits an offence.

46False or misleading advertisements

(1)If an advertisement to which this Part applies conveys information which in a material respect is false or misleading the advertiser commits an offence.

(2)Information stating or implying an intention on the advertiser's part which he has not got is false.

47Advertising infringements

(1)Where an advertiser commits an offence against regulations made under section 44 or against section 45 or 46 or would be taken to commit such an offence but for the defence provided by section 168, a like offence is committed by—

(a)the publisher of the advertisement, and

(b)any person who, in the course of a business carried on by him, devised the advertisement, or a part of it relevant to the first-mentioned offence, and

(c)where the advertiser did not procure the publication of the advertisement, the person who did procure it.

(2)In proceedings for an offence under subsection (1)(a) it is a defence for the person charged to prove that—

(a)the advertisement was published in the course of a business carried on by him, and

(b)he received the advertisement in the course of that business, and did not know and had no reason to suspect that its publication would be an offence under this Part.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources