- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/07/2013
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Consumer Credit Act 1974, Section 185 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where an actual or prospective regulated agreement has two or more debtors or hirers (not being a partnership or an unincorporated body of persons)—
(a)anything required by or under this Act to be done to or in relation to the debtor or hirer shall be done to or in relation to each of them; and
(b)anything done under this Act by or on behalf of one of them shall have effect as if done by or on behalf of all of them.
[F1(1A)Notwithstanding subsection (1) above, subsection (4) of section 55A (pre-contractual explanations etc) does not require an oral explanation to be given to any debtor to whom an explanation of the matters referred to in subsection (2)(a), (b) and (e) of that section has not been given orally or in person.]
[F2(2)Notwithstanding subsection (1)(a), where credit is provided under an agreement to two or more debtors jointly, in performing his duties—
(a)in the case of fixed-sum credit, under section 77A, or
(b)in the case of running-account credit, under section 78(4),
the creditor need not give statements to any debtor who has signed and given to him a notice (a ‘dispensing notice’) authorising him not to comply in the debtor's case with section 77A or (as the case may be) 78(4).
(2A)A dispensing notice given by a debtor is operative from when it is given to the creditor until it is revoked by a further notice given to the creditor by the debtor.
(2B)But subsection (2) does not apply if (apart from this subsection) dispensing notices would be operative in relation to all of the debtors to whom the credit is provided.
(2C)Any dispensing notices operative in relation to an agreement shall cease to have effect if any of the debtors dies.
(2D)A dispensing notice which is operative in relation to an agreement shall be operative also in relation to any subsequent agreement which, in relation to the earlier agreement, is a modifying agreement.]
(3)Subsection (1)(b) does not apply for the purposes of section 61(1)(a) F3. . . .
(4)Where a regulated agreement has two or more debtors or hirers (not being a partnership or an unincorporated body of persons), section 86 applies to the death of any of them.
(5)An agreement for the provision of credit, or the bailment or (in Scotland) the hiring of goods, to two or more persons jointly where—
(a)one or more of those persons is an individual, and
(b)one or more of them is [F4not an individual] ,
is a consumer credit agreement or consumer hire agreement if it would have been one had they all been individuals; and [F5each person within paragraph (b)] shall accordingly be included among the debtors or hirers under the agreement.
(6)Where subsection (5) applies, references in this Act to the signing of any document by the debtor or hirer shall be construed in relation to a body corporate [F6within paragraph (b) of that subsection] as referring to a signing on behalf of the body corporate.
Textual Amendments
F1S. 185(1A) inserted (1.2.2011) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 4, 99(1) (with regs. 100, 101)
F2S. 185(2)-(2D) substituted (1.10.2008) for s. 185(2) by Consumer Credit Act 2006 (c. 14), ss. {7(3)}, 71(2) (with Sch. 3 para. 4); S.I. 2007/3300, art. 3(3), Sch. 3
F3Words in s. 185(3) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. 70, 71(2), Sch. 4 (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
F4Words in s. 185(5)(b) substituted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(8)(a)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))
F5Words in s. 185(5) substituted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(8)(b)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))
F6Words in s. 185(6) inserted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(9)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))
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