Consumer Credit Act 1974 (c. 39)

Part III U.K. Licensing of Credit and Hire Businesses

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

32 Suspension and revocation. U.K.

(1) Where at a time during the currency of a licence the [F1 OFT] is of the opinion that if the licence had expired at that time [F2 (assuming, in the case of a licence which has effect indefinitely, that it were a licence of limited duration)][F3 it] would have been minded not to renew it, and that therefore it should be revoked or suspended, [F3 it] shall proceed as follows.

(2) In the case of a standard licence the [F1 OFT] shall, by notice—

(a) inform the licensee that, as the case may be, the [F1 OFT] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F4 its] reasons, and

[F5 (b) invite him to submit to the OFT in accordance with section 34 representations—

(i) as to the proposed revocation or suspension; and

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

(3) In the case of a group licence the [F1 OFT] shall—

(a) give general notice that, as the case may be, [F6 it] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F7 its] reasons, and

(b) in the notice invite any licensee to submit to [F8 it] representations as to the proposed revocation or suspension in accordance with section 34.

(4) In the case of a group licence issued on application the [F1 OFT] shall also—

(a) inform the original applicant that, as the case may be, the [F1 OFT] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F9 its] reasons, and

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

(5) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(8) Except for the purposes of section 29, a licensee under a suspended licence shall be treated, in respect of the period of suspension, as if the licence had not been issued; and where the suspension is not expressed to end on a specified date it may, if the [F1 OFT] thinks fit, be ended by notice given by [F11 it] to the licensee or, in the case of a group licence, by general notice.

[F12 (9) The OFT has no power to revoke or to suspend 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

F1 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)

F2 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

F3 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)

F4 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)

F5 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

F6 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)

F7 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)

F8 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)

F9 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)

F10 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

F11 Word in s. 32(8) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 6(14)(g); S.I. 2003/766, art. 2, Sch. (with art. 3)

F12 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