Consumer Credit Act 2006

61 Consequential amendments relating to ombudsman scheme

(1) In section 4 of the 1974 Act (OFT to disseminate information and advice) after “the operation of this Act,” insert “the consumer credit jurisdiction under Part 16 of the Financial Services and Markets Act 2000,”.

(2) In section 227(2)(e) of the 2000 Act (conditions for exercise of voluntary jurisdiction) after “jurisdiction” insert “or the consumer credit jurisdiction”.

(3) In sections 228(1) and 229(1) of that Act (determinations and awards by ombudsman) after “jurisdiction” insert “and to the consumer credit jurisdiction”.

(4) In subsection (4) of section 229 of that Act (awards by ombudsman) after “specify” insert “for the purposes of the compulsory jurisdiction”.

(5) After that subsection insert—

“(4A) The scheme operator may specify for the purposes of the consumer credit jurisdiction the maximum amount which may be regarded as fair compensation for a particular kind of loss or damage specified under subsection (3)(b).”

(6) In subsection (8)(b) of that section after “17” insert “or (as the case may be) Part 3A of that Schedule”.

(7) For subsection (11) of that section substitute—

“(11) “Specified” means—

(a) for the purposes of the compulsory jurisdiction, specified in compulsory jurisdiction rules;

(b) for the purposes of the consumer credit jurisdiction, specified in consumer credit rules.

(12) Consumer credit rules under this section may make different provision for different cases.”

(8) In section 230 of that Act (costs)—

(a) in subsection (1) after “jurisdiction” insert “or the consumer credit jurisdiction”;

(b) in subsection (7) after “17” insert “or (as the case may be) paragraph 16D of that Schedule”.

(9) In section 353(1) of that Act (power to permit disclosure of information) after paragraph (b) insert—

“(c) by the scheme operator to the Office of Fair Trading for the purpose of assisting or enabling that Office to discharge prescribed functions under the Consumer Credit Act 1974.”

(10) In Schedule 17 to that Act (the ombudsman scheme)—

(a) in paragraph 3(4) after “227” insert “, the function of making consumer credit rules, the function of making determinations under section 234A(1)”;

(b) in paragraph 7(2) after “compulsory jurisdiction” insert “, functions in relation to its consumer credit jurisdiction”;

(c) in paragraph 9(3) after “compulsory” insert “, consumer credit”;

(d) in paragraphs 10(1) and 11 after “jurisdiction” insert “or to the consumer credit jurisdiction”.