Statutory Instruments

1988 No. 2047

CONSUMER CREDIT

The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988

Made

18th November 1988

Laid before Parliament

28th November 1988

Coming into force

19th December 1988

The Secretary of State, in exercise of the powers conferred on him by sections 60, 64(1), 180, 182(2) and 189(1) of the Consumer Credit Act 1974(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1. These Regulations may be cited as the Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988 and shall come into force on 19th December 1988.

2. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983(2) are hereby amended by the substitution for the Forms numbered 2 in Part I of the Schedule to those Regulations, 3, 4, 5, 6, 7 and 8 in Part II thereof, 10, 11, 12, 13 and 14 in Part III thereof and 18, 19, 20, 21 and 22 in Part VI thereof, together with their respective footnotes, of the Forms of the same numbers in Schedule 1 to these Regulations, together with their respective footnotes.

3. The Consumer Credit (Agreements) Regulations 1983(3) are hereby amended by the substitution for the Form numbered 2 in Part I of Schedule 2 to those Regulations, together with its footnotes, of the Form in Schedule 2 to these Regulations, together with its footnotes.

Francis Maude

Parliamentary Under-Secretary of State

Department of Trade and Industry

18th November 1988

Regulation 2

SCHEDULE 1

Form No	Type of agreement	Form
2	An agreement of the kind to which Form 1 applies.
3	A regulated consumer credit agreement to which section 68(b) of the Act applies.
4	A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than one to which Form 3 applies or, in the case of a modifying agreement, one to which Form 9 applies).
5	A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 3 or 4 applies or, in the case of a modifying agreement, one to which Form 9 applies).
6	A regulated consumer credit agreement (other than one to which Form 3, 4 or 5 applies or which is a multiple agreement of the kind to which Form 7 or 8 applies or, in the case of a modifying agreement, one to which Form 9 applies).
7	A multiple agreement which places at least one part within one category of agreement to which either Form 4 or 5 applies and at least one part within one category of agreement to which Form 6 applies (other than one to which Form 8 applies).
8	A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.
10	A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 15 applies).
11	A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 10 applies or, in the case of a modifying agreement, one to which Form 15 applies).
12	A regulated consumer credit agreement (other than one to which Form 10 or 11 applies or which is a multiple agreement of the kind to which Form 13 or 14 applies or, in the case of a modifying agreement, one to which Form 15 applies).
13	A multiple agreement which places at least one part within one category of agreement to which either Form 10 or 11 applies and at least one part within one category of agreement to which Form 12 applies (other than one to which Form 14 applies).
14	A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.
18	A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 23 applies).
19	A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 18 applies or, in the case of a modifying agreement, one to which Form 23 applies).
20	A regulated consumer credit agreement (other than one to which Form 18 or 19 applies or which is a multiple agreement of the kind to which Form 21 or 22 applies or, in the case of a modifying agreement, one to which Form 23 applies).
21	A multiple agreement which places at least one part within one category of agreement to which either Form 18 or 19 applies and at least one part within one category of agreement to which Form 20 applies (other than one to which Form 22 applies).
22	A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.

Regulation 3

SCHEDULE 2

Form No	Type of agreement	Form of statement
2	Cancellable agreements to which section 68(b) of the Act applies.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 by substituting, for the forms numbered 2 to 8 inclusive, 10 to 14 inclusive and 18 to 22 inclusive set out in the Schedule thereto, revised forms numbered correspondingly. The effect of these revisions is threefold. They allow the omission of any reference to (i) goods given in part-exchange, (ii) property given as security, or (iii) goods in the possession of the debtor or hirer by virtue of the agreement, where any of these would be inappropriate. Second, they allow a notice to be inserted in appropriate cases warning the debtor or hirer that any attempt by him to disconnect and return the goods personally would be dangerous and could contravene Health and Safety legislation, in substitution for the words of express permission to return the goods in his possession. Third, they allow the inclusion of a cross-reference to the place where the debtor or hirer will find set out his financial obligations arising under any linked transaction which is exempted from the effect of a cancellation notice by virtue of regulation 2(1)(b) of the Consumer Credit (Linked Transactions) (Exemptions) Regulations 1983 (S.I. 1983/1560).

These Regulations also amend the Consumer Credit (Agreements) Regulations 1983 by substituting for the form numbered 2 set out in Part I of Schedule 2 to those Regulations, a revised form numbered 2 similarly allowing in appropriate cases the substitution of a warning that an attempt to disconnect and return the goods personally would be dangerous and could contravene Health and Safety legislation.

(1)

1974 c. 39; section 189(1) contains a definition of “prescribed”.

(2)

S.I. 1983/1557, amended by S.I. 1984/1108, 1985/666.

(3)

S.I. 1983/1553, to which there are amendments not relevant to these Regulations.