Consumer Credit Act 1974

Renewal, variation, suspension and revocation of licences U.K.

29 Renewal. U.K.

(1) If the licensee under a standard licence [F1 of limited duration], or the original applicant for, or any licensee under, a group licence of limited duration, wishes the [F2 OFT] to renew the licence, whether on the same terms (except as to expiry) or on varied terms, he must, during the period specified by the [F2 OFT] by general notice or such longer period as the [F2 OFT] may allow, make an application to the [F2 OFT] for its renewal.

(2) The [F2 OFT] may of [F3 its] own motion renew any group licence.

(3) The preceding provisions of this Part apply to the renewal of a licence as they apply to the issue of a licence, except that section 28 does not apply to a person who was already excluded in the licence up for renewal.

[F4 (3A) In its application to the renewal of standard licences by virtue of subsection (3) of this section, section 27(1) shall have effect as if for paragraph (b) there were substituted—

“(b) invite the applicant to submit to the OFT in accordance with section 34 representations—

(i) in support of his application; and

(ii) about the provision (if any) that should be included under section 34A as part of the determination were the OFT to refuse the application or grant it in terms different from those applied for. ”]

(4) Until the determination of an application under subsection (1) and, where an appeal lies from the determination, until the end of the appeal period, the licence shall continue [F5 to have effect], notwithstanding that apart from this subsection it would expire earlier.

(5) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) General notice shall be given of the renewal of a group licence.

Textual Amendments

F1 Words in s. 29(1) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {34(3)(a)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F2 Words in s. 29 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(11)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F3 Word in s. 29(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(11)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F4 S. 29(3A) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {32(2)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F5 Words in s. 29(4) substituted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {34(3)(b)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F6 S. 29(5) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {32(3)}, 70, 71(2), {Sch. 4}; S.I. 2007/3300, art. 3(2), Sch. 2

30 Variation by request. U.K.

[F7 (1) If it thinks fit, the OFT may by notice to the licensee under a standard licence—

(a) in the case of a licence which covers the carrying on of a type of business only so far as it falls within one or more descriptions of business, vary the licence by—

(i) removing that limitation;

(ii) adding a description of business to that limitation; or

(iii) removing a description of business from that limitation;

(b) in the case of a licence which covers the carrying on of a type of business with no limitation, vary the licence so that it covers the carrying on of that type of business only so far as it falls within one or more descriptions of business;

(c) vary the licence so that it no longer covers the carrying on of a type of business at all;

(d) vary the licence so that a type of business the carrying on of which is not covered at all by the licence is covered either—

(i) with no limitation; or

(ii) only so far as it falls within one or more descriptions of business; or

(e) vary the licence in any other way except for the purpose of varying the descriptions of activities covered by the licence.

(1A) The OFT may vary a licence under subsection (1) only in accordance with an application made by the licensee.

(1B) References in this section to a description of business in relation to a type of business—

(a) are references to a description of business specified in a general notice under section 24A(5)(a); and

(b) in subsection (1)(a)(apart from sub-paragraph (ii)) include references to a description of business that was, but is no longer, so specified.]

(2) In the case of a group licence issued on the application of any person, the [F8 OFT] , on an application made by that person, may if [F9 it] thinks fit by notice to that person vary the terms of the licence in accordance with the application; but the [F8 OFT] shall not vary a group licence under this subsection by excluding a named person, other than the person making the request, unless that named person consents in writing to his exclusion.

(3) In the case of a group licence from which (whether by name or description) a person is excluded, the [F8 OFT] , on an application made by that person, may if [F9 it] thinks fit, by notice to that person, vary the terms of the licence so as to remove the exclusion.

(4) Unless the [F8 OFT] determines to vary a licence in accordance with an application [F9 it] shall, before determining the application, by notice—

(a) inform the applicant, giving [F10 its] reasons, that [F9 it] is minded to refuse the application, and

(b) invite the applicant to submit to the [F8 OFT] representations in support of his application in accordance with section 34.

(5) General notice shall be given that a variation of a group licence has been made under this section.

Textual Amendments

F7 S. 30(1)-(1B) substituted (6.4.2008) for s. 30(1) by Consumer Credit Act 2006 (c. 14), ss. {31(1)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F8 Words in s. 30 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F9 Words in s. 30 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F10 Word in s. 30(4)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(12)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

31 Compulsory variation. U.K.

(1) Where at a time during the currency of a licence the [F11 OFT] is of the opinion that, if the licence had expired at that time [F12 (assuming, in the case of a licence which has effect indefinitely, that it were a licence of limited duration)], [F13 it] would, on an application for its renewal or further renewal on the same terms (except as to expiry), have been minded to grant the application but on different terms, and that therefore [F14 it should take steps mentioned in subsection (1A)] , [F13 it] shall proceed as follows.

[F15 (1A) Those steps are—

(a) in the case of a standard licence, steps mentioned in section 30(1)(a)(ii) and (iii), (b), (c) and (e);

(b) in the case of a group licence, the varying of terms of the licence.]

[F16 (1B) The OFT shall also proceed as follows if, having regard to section 22(1B) to (1E), it is of the opinion—

(a) that a licence which has effect indefinitely should have its duration limited; or

(b) in the case of a licence of limited duration, that the period during which it has effect should be shortened.]

(2) In the case of a standard licence the [F11 OFT] shall, by notice—

(a) inform the licensee of the variations the [F11 OFT] is minded to make in the terms of the licence, stating [F17 its] reasons, and

[F18 (b) invite him to submit to the OFT in accordance with section 34 representations—

(i) as to the proposed variations; and

(ii) about the provision (if any) that should be included under section 34A as part of the determination were the OFT to vary the licence. ]

(3) In the case of a group licence the [F11 OFT] shall—

(a) give general notice of the variations [F19 it] is minded to make in the terms of the licence, stating [F20 its] reasons, and

(b) in the notice invite any licensee to submit to [F21 it] representations as to the proposed variations in accordance with section 34.

(4) In the case of a group licence issued on application the [F11 OFT] shall also—

(a) inform the original applicant of the variations the [F11 OFT] is minded to make in the terms of the licence, stating [F22 its] reasons, and

(b) invite him to submit to the [F11 OFT] representations as to the proposed variations in accordance with section 34.

(5) If the [F11 OFT] is minded to vary a group licence by excluding any person (other than the original applicant) from the group by name the [F11 OFT] shall, in addition, take the like steps under section 28 as are required in the case mentioned in that section.

(6) General notice shall be given that a variation of any group licence has been made under this section.

(7) A variation under this section shall not take effect before the end of the appeal period.

[F23 (8) Subsection (1) shall have effect in relation to a standard licence as if an application could be made for the renewal or further renewal of the licence on the same terms (except as to expiry) even if such an application could not be made because of provision made in a general notice under section 24A(5).

(9) Accordingly, in applying subsection (1AA) of section 25 in relation to the licence for the purposes of this section, the OFT shall treat references in that subsection to the description or descriptions of business in relation to a type of business as references to the description or descriptions of business included in the licence in relation to that type of business, notwithstanding that provision under section 24A(5). ]

Textual Amendments

F11 Words in s. 31 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F12 Words in s. 31(1) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {34(4)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F13 Words in s. 31(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F14 Words in s. 31(1) substituted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {31(2)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F15 S. 31(1A) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {31(3)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F16 S. 31(1B) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {34(5)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F17 Word in s. 31(2)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(c); S.I. 2003/766, art. 2, Sch. (with art. 3)

F18 S. 31(2)(b) substituted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {32(4)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F19 Words in s. 31(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F20 Words in s. 31(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F21 Words in s. 31(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F22 Word in s. 31(4)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(13)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)

F23 S. 31(8)(9) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {31(4)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

32 F24 ...revocation. U.K.

(1) Where at a time during the currency of a licence the [F25 OFT] is of the opinion that if the licence had expired at that time [F26 (assuming, in the case of a licence which has effect indefinitely, that it were a licence of limited duration)][F27 it] would have been minded not to renew it, and that therefore it should be revoked F28 ..., [F27 it] shall proceed as follows.

(2) In the case of a standard licence the [F25 OFT] shall, by notice—

(a) inform the licensee thatF29 ... the [F25 OFT] is minded to revoke the licenceF29 ... stating [F30 its] reasons, and

[F31 (b) invite him to submit to the OFT in accordance with section 34 representations—

(i) as to the proposed revocation F32 ...; and

(ii) about the provision (if any) that should be included under section 34A as part of the determination were the OFT to revoke F32 ... the licence. ]

(3) In the case of a group licence the [F25 OFT] shall—

(a) give general notice thatF33 ... [F34 it] is minded to revoke the licenceF33 ... stating [F35 its] reasons, and

(b) in the notice invite any licensee to submit to [F36 it] representations as to the proposed revocation F37 ... in accordance with section 34.

(4) In the case of a group licence issued on application the [F25 OFT] shall also—

(a) inform the original applicant thatF38 ... the [F25 OFT] is minded to revoke the licenceF38 ... stating [F39 its] reasons, and

(b) invite him to submit representations as to the proposed revocation F40 ... in accordance with section 34.

(5) F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) General notice shall be given of the revocation F42 ... of a group licence.

(7) A revocation F42 ... under this section shall not take effect before the end of the appeal period.

F43 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (9) The OFT has no power to revoke F45 ... a standard licence simply because, by virtue of provision made in a general notice under section 24A(5), a person cannot apply for the renewal of such a licence on terms which are the same as the terms of the licence in question. ]

Textual Amendments

F24 Words in s. 32 heading omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(h), 122(2) (with s. 108(9), Sch. 20)

F25 Words in s. 32 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F26 Words in s. 32(1) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {34(6)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F27 Words in s. 32(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(b); S.I. 2003/766, art. 2, Sch. (with art. 3); S.I. 2003/766, art. 2, Sch. (with art. 3)

F28 Words in s. 32(1) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(a), 122(2) (with s. 108(9), Sch. 20)

F29 Words in s. 32(2)(a) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(b)(i), 122(2) (with s. 108(9), Sch. 20)

F30 Word in s. 32(2)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(c); S.I. 2003/766, art. 2, Sch. (with art. 3)

F31 S. 32(2)(b) substituted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {32(5)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F32 Words in s. 32(2)(b) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(b)(ii), 122(2) (with s. 108(9), Sch. 20)

F33 Words in s. 32(3)(a) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(c)(i), 122(2) (with s. 108(9), Sch. 20)

F34 Words in s. 32(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F35 Words in s. 32(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F36 Words in s. 32(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F37 Words in s. 32(3)(b) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(c)(ii), 122(2) (with s. 108(9), Sch. 20)

F38 Words in s. 32(4)(a) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(d)(i), 122(2) (with s. 108(9), Sch. 20)

F39 Word in s. 32(4)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)

F40 Words in s. 32(4)(b) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(d)(ii), 122(2) (with s. 108(9), Sch. 20)

F41 S. 32(5) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {32(6)}, 70, 71(2), {Sch. 4}; S.I. 2007/3300, art. 3(2), Sch. 2

F42 Words in s. 32(6)(7) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(e), 122(2) (with s. 108(9), Sch. 20)

F43 S. 32(8) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(f), 122(2) (with s. 108(9), Sch. 20)

F44 S. 32(9) inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {31(5)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2

F45 Words in s. 32(9) omitted (19.2.2013) by virtue of Financial Services Act 2012 (c. 21), ss. 108(2)(g), 122(2) (with s. 108(9), Sch. 20)

[F46 32A Power to suspend licence U.K.

(1) If during the currency of a licence it appears to the OFT to be urgently necessary for the protection of consumers that the licence should cease to have effect immediately or on a specified date, the OFT is to proceed as follows.

(2) In the case of a standard licence the OFT must, by notice—

(a) inform the licensee that the OFT is suspending the licence from the date of the notice or from a later date specified in the notice,

(b) state the OFT 's reasons for the suspension,

(c) state either—

(i) that the suspension is to end on a specified date, which must be no later than the last day of the 12 months beginning with the day on which the suspension takes effect, or

(ii) that the duration of the suspension is to be as provided by section 32B,

(d) specify any provision to be made under section 34A, and

(e) invite the licensee to submit to the OFT in accordance with section 34ZA representations—

(i) as to the suspension, and

(ii) about the provision (if any) that is or should be made under section 34A.

(3) In the case of a group licence the OFT must—

(a) give general notice that the OFT is suspending the licence from the date of the notice or from a later date specified in the notice,

(b) state in the notice the OFT 's reasons for the suspension,

(c) state in the notice either—

(i) that the suspension is to end on a specified date, which must be no later than the last day of the 12 months beginning with the day on which the suspension takes effect, or

(ii) that the duration of the suspension is to be as provided by section 32B,

(d) specify in the notice any provision to be made under section 34A, and

(e) in the notice invite any licensee to submit to the OFT in accordance with section 34ZA representations as to the suspension.

(4) In the case of a group licence issued on application the OFT must also—

(a) inform the original applicant of the matters specified under subsection (3)(a) to (d) in the general notice, and

(b) invite the original applicant to submit to the OFT in accordance with section 34ZA representations as to the suspension.

(5) Except for the purposes of sections 29 to 32 and section 33A, a licensee under a suspended licence is to be treated, in respect of the period of suspension, as if the licence had not been issued.

(6) The suspension may, if the OFT thinks fit, be ended by notice given by it to the licensee or, in the case of a group licence, by general notice.

(7) In this section “ consumers ”, in relation to a licence, means individuals who have been or may be affected by the carrying on of the business to which the licence relates, other than individuals who are themselves licensees.

Textual Amendments

F46 S. 32A, 32B inserted (19.2.2013) by Financial Services Act 2012 (c. 21), ss. 108(3), 122(2) (with s. 108(9), Sch. 20)

32B Duration of suspension U.K.

(1) This section applies where a notice under section 32A provides for the duration of a suspension under that section to be as provided by this section.

(2) The suspension ends at the end of the period of 12 months beginning with the day on which it takes effect, but this is subject to—

(a) subsections (3) and (4) (where those subsections give a later time), and

(b) the powers of the OFT under section 32A(6) and section 33.

(3) Subsection (4) applies where—

(a) the OFT gives notice under section 32 that it is minded to revoke the licence, and

(b) it gives that notice—

(i) on or before giving the notice under section 32A, or

(ii) after giving that notice but before the end of the period of 12 months mentioned in subsection (2).

(4) The period of suspension is to continue until—

(a) the time of any determination by the OFT not to revoke the licence in pursuance of the notice under section 32, or

(b) where the OFT determines to revoke the licence in pursuance of the notice, the end of the appeal period. ]

Textual Amendments

F46 S. 32A, 32B inserted (19.2.2013) by Financial Services Act 2012 (c. 21), ss. 108(3), 122(2) (with s. 108(9), Sch. 20)

33 Application to end suspension. U.K.

[F47 (1) On an application made by a licensee the OFT may, if it thinks fit, by notice to the licensee end the suspension of a licence under section 32A, whether the suspension was for a fixed period or for a period determined in accordance with section 32B. ]

(2) Unless the [F48 OFT] determines to end the suspension in accordance with the application [F49 it] shall, before determining the application, by notice—

(a) inform the applicant, giving [F50 its] reasons, that [F49 it] is minded to refuse the application, and

(b) invite the applicant to submit to the [F48 OFT] representations in support of his application in accordance with section 34.

(3) General notice shall be given that a suspension of a group licence has been ended under this section.

(4) In the case of a group licence issued on application—

(a) the references in subsection (1) to a licensee include the original applicant;

(b) the [F48 OFT] shall inform the original applicant that a suspension of a group licence has been ended under this section.

Textual Amendments

F47 S. 33(1) substituted (19.2.2013) by Financial Services Act 2012 (c. 21), ss. 108(4), 122(2) (with s. 108(9), Sch. 20)

F48 Words in s. 33 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(15)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F49 Words in s. 33 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(15)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F50 Word in s. 33(2)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(15)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)