- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2016)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 25/05/2018
Point in time view as at 01/01/2016.
There are currently no known outstanding effects for the The Small and Medium Sized Business (Credit Information) Regulations 2015,
PART 4
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) Sections 7 (right of access to personal data) M1 and 9 (application of section 7 where data controller is a credit reference agency) M2 of the Data Protection Act 1998, and any regulations made under those sections, apply in respect of a designated credit reference agency which does not fall within the definition of “credit reference agency” in section 70(1) of that Act, as if it did fall within that definition.
(2) Sections 157 to 160 of the Consumer Credit Act 1974 (credit reference agencies) M3, and any regulations made under those sections, apply in respect of a designated credit reference agency which does not carry on, by way of business, an activity of the kind specified by article 89B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M4 (providing credit references), as if it did so carry on such an activity.
(3) In the event that the Treasury revokes the designation of a designated credit reference agency, paragraphs (1) and (2) continue to apply in respect of such credit reference agency for a period two years starting on the date of such revocation but thereafter shall cease to apply.
Marginal Citations
M1Section 7 was amended by sections 69(1) and paragraph 1 of Schedule 6 of the Freedom of Information Act 2000 (c. 36), and by S.I. 2003/1887.
M2Section 9 was amended by S.I. 2003/1887.
M3Sections 157 to 160 were amended by sections 62(1), 62(2), (3) and (5) of the Data Protection Act 1998, paragraph 6(1) of Schedule 5 to the Enterprise Act 2002 (c. 40), section 5(6) of the Consumer Credit Act 2006 (c. 14), paragraph 7 of part I of Schedule 2 to the Freedom of Information Act 2000, S.I. 1998/997, S.I. 2000/183, S.I. 2007/123, S.I. 2010/1010, S.I. 2013/1881, and S.I. 2013/1882.
16.—(1) This regulation applies in respect of—
(a)credit information about a small or medium sized business held by a designated credit reference agency; and
(b)information provided to a designated credit reference agency under regulation 3(1) held by that credit reference agency during the period in which it is a designated credit reference agency and, in the event that the Treasury revokes its designation, for a further period of two years starting on the date on which its designation is revoked.
(2) If a court is satisfied on the application of a person that information relating to that person is inaccurate, the court may order the credit reference agency holding the information to rectify, block, erase or destroy that information and any other information which contains an expression of opinion which appears to the court to be based on the inaccurate information.
(3) Paragraph (2) applies whether or not the information accurately records information received from another person, but where that is the case—
(a)if the court is satisfied that—
(i)the credit reference agency holding the information has taken reasonable steps to ensure the accuracy of the information, and
(ii)if the applicant has notified the credit reference agency of the applicant's view that the information is inaccurate, the information indicates that fact,
instead of making an order under paragraph (2) the court may make an order requiring the information to be supplemented by such statement of true facts as the court may approve, or
(b)if the court is not so satisfied, the court may make such order as it thinks fit for securing that the credit reference agency holding the information takes reasonable steps to ensure the accuracy of the information and that the information indicates the applicant's view that the information is inaccurate, with or without a further order requiring the information to be supplemented by such a statement as is mentioned in sub-paragraph (a).
(4) Where the court—
(a)makes an order under paragraph (2), or
(b)is satisfied on the application of a person that information relating to that person and which has been rectified, blocked, erased or destroyed was inaccurate,
it may, where it considers it reasonably practicable, order the credit reference agency holding or which held the inaccurate information to notify third parties to whom the information has been disclosed of the rectification, blocking, erasure or destruction.
(5) In determining whether it is reasonably practicable to order such notification the court shall have regard, in particular, to the number of persons who would have to be notified.
(6) The jurisdiction conferred by this regulation is exercisable—
(a)in England and Wales by the High Court or the county court,
(b)in Northern Ireland by the High Court or a county court, or
(c)in Scotland by the Court of Session or the sheriff.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys