Enterprise Act 2002

Consumer Credit Act 1974 (c. 39) U.K.

6 (1) The Consumer Credit Act 1974 is amended as follows.

(2) In section 1 (general functions of Director)—

(a) in subsection (1)—

(i) for “the Director General of Fair Trading (“the Director”)” there is substituted “ the Office of Fair Trading (“the OFT”) ”;

(ii) for “him” there is substituted “ it ”;

(iii) for “himself” there is substituted “ itself ”;

(b) in subsection (2)—

(i) for “Director” there is substituted “ OFT ”;

(ii) for “him” there is substituted “ it ”;

(c) in the sidenote, for “Director” there is substituted “ OFT ”;

and in the heading before that section, for “DIRECTOR GENERAL OF FAIR TRADING” there is substituted “ OFFICE OF FAIR TRADING ”.

(3) In section 2 (powers of Secretary of State)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsections (1)(b) and (2), for “his” there is substituted “ its ”;

(c) in subsection (4), for “him” there is substituted “ it ”.

(4) In section 4 (dissemination of information and advice)—

(a) for “Director” there is substituted “ OFT ”;

(b) for “he”, “him” and “his” there is substituted “ it ”, “ it ” and “ its ” respectively.

(5) In section 6 (form etc. of applications)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3), for “him” there is substituted “ it ”.

(6) In section 7 (penalty for false information), for “Director” (in each place) there is substituted “ OFT ”.

(7) In section 22 (standard and group licences)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1)(b), for “his” and “he” there is substituted “ its ” and “ it ” respectively;

(c) in subsection (5), for “him” there is substituted “ it ”.

(8) In section 25 (licensee to be a fit person)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (2), for “him” there is substituted “ it ”.

(9) In section 27 (determination of applications)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1)—

(i) for “he” (in both places) there is substituted “ it ”;

(ii) in paragraph (a), for “his” there is substituted “ its ”;

(c) in subsection (2), for “him” (in both places) there is substituted “ it ”.

(10) In section 28 (exclusion from a group licence)—

(a) for “Director” (in both places) there is substituted “ OFT ”;

(b) for “he” there is substituted “ it ”;

(c) in paragraph (a), for “his” there is substituted “ its ”.

(11) In section 29 (renewal)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (2), for “his” there is substituted “ its ”.

(12) In section 30 (variation by request)—

(a) for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b) in subsection (4)(a), for “his” there is substituted “ its ”.

(13) In section 31 (compulsory variation)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1), for “he” (in both places) there is substituted “ it ”;

(c) in subsection (2)(a), for “his” there is substituted “ its ”;

(d) in subsection (3), for “he”, “his” and “him” there is substituted respectively “ it ”, “ its ” and “ it ” respectively;

(e) in subsection (4)(a), for “his” there is substituted “ its ”.

(14) In section 32 (suspension and revocation)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1), for “he” (in both places) there is substituted “ it ”;

(c) in subsection (2)(a), for “his” there is substituted “ its ”;

(d) in subsection (3), for “he”, “his” and “him” there is substituted “ it ”, “ its ” and “ it ” respectively;

(e) in subsection (4)(a), for “his” there is substituted “ its ”;

(f) in subsection (5), for “he” there is substituted “ it ”;

(g) in subsection (8), for “him” there is substituted “ it ”.

(15) In section 33 (application to end suspension)—

(a) for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b) in subsection (2)(a), for “his” there is substituted “ its ”.

(16) In section 34 (representations to Director)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsections (2) and (3), for “his” there is substituted “ its ”.

(17) In section 35 (the register)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsections (1) and (4), for “he” there is substituted “ it ”;

(c) in subsection (1)(c), for “him” there is substituted “ it ”.

(18) In section 36 (duty to notify changes)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19) In section 39 (offences against Part 3), for “Director” there is substituted “ OFT ”.

(20) In section 40 (enforcement of agreements made by unlicensed trader)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3)—

(i) for “he” (in both places) there is substituted “ it ”;

(ii) in paragraph (a), for “his” there is substituted “ its ”;

(c) in subsection (5), for “he” there is substituted “ it ”.

(21) In section 41 (appeals to Secretary of State under Part 3), in subsection (1), for “Director” there is substituted “ OFT ”.

(22) In section 49 (prohibition of canvassing debtor-creditor agreements off trade premises), for “Director” (in each place) there is substituted “ OFT ”.

(23) In section 60 (form and content of agreements), in subsections (3) and (4), for “Director” (in each place) and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively.

(24) In section 64 (duty to give notice of cancellation rights), for “Director” (in each place) there is substituted “ OFT ”.

(25) In section 74 (exclusion of certain agreements from Part 5)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3A), for “he” there is substituted “ it ”.

(26) In section 101 (right to terminate hire agreement), in subsection (8), for “Director” (in each place) and “he” there is substituted “ OFT ” and “ it ” respectively.

(27) In section 113 (Act not to be evaded by use of security), in subsection (2), for “Director” there is substituted “ OFT ”.

(28) In section 148 (agreement for services of unlicensed trader)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3)—

(i) for “he” (in both places) there is substituted “ it ”;

(ii) in paragraph (a), for “his” there is substituted “ its ”;

(c) in subsection (5), for “he” there is substituted “ it ”.

(29) In section 149 (regulated agreements made on introductions by unlicensed credit-broker)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3)—

(i) for “he” (in both places) there is substituted “ it ”;

(ii) in paragraph (a), for “his” there is substituted “ its ”;

(c) in subsection (5), for “he” there is substituted “ it ”.

(30) In section 159 (correction of wrong information), for “Director” there is substituted “ OFT ”.

(31) In section 160 (alternative procedure for business consumers)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1), for “he” there is substituted “ it ”.

(32) In section 161 (enforcement authorities)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) subsection (2) (requirement to notify Director of intended prosecution) is omitted;

(c) in subsection (3), for “he” and “him” there is substituted “ it ”.

(33) In section 162 (powers of entry and inspection), in subsection (5), for “Director” there is substituted “ OFT ”.

(34) In section 166 (notification of convictions and judgments to Director), for “Director” (in each place), “Director’s” and “his” there is substituted “ OFT ”, “ OFT’s ” and “ its ” respectively.

(35) In section 170 (no further sanctions for breach of Act), for “his”, “Director” and “him” there is substituted “ its ”, “ OFT ” and “ it ” respectively.

(36) In section 173 (contracting-out forbidden), in subsection (3), for “Director” there is substituted “ OFT ”.

(37) In section 183 (determinations etc. by Director), for “Director” (in both places) and “him” there is substituted “ OFT ” and “ it ” respectively.

(38) In section 189 (general interpretation provisions)—

(a) in subsection (1)—

(i) the definition of “Director” shall cease to have effect;

(ii) in the definition of “general notice”, for “Director” and “him” there is substituted “ OFT ” and “ it ” respectively;

(iii) after the definition of “notice of cancellation” there is inserted—

““OFT” means the Office of Fair Trading;”;

(iv) in the definition of “register”, for “Director” there is substituted “ OFT ”;

(b) in subsection (5), for “Director” (in both places) there is substituted “ OFT ”.

(39) In section 191 (special provisions as to Northern Ireland)—

(a) for “Director” (in both places) there is substituted “ OFT ”;

(b) in subsection (1), for “his” and “him” there is substituted “ the OFT’s ” and “ the OFT ” respectively.

(40) In Schedule 1 (prosecution and punishment of offences), in the entry relating to section 7, for “Director” there is substituted “ OFT ”.

Textual Amendments

F1 Sch. 25 para. 6(18)(b) repealed (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 70, 71, Sch. 4 (with Sch. 3 para. 27(3)); S.I. 2007/3300, art. 3(2), Sch. 2