SCHEDULES
SCHEDULE 3 Transitional and Commencement Provisions
Note.Except as otherwise mentioned in this Schedule, the provisions of this Act come into operation on its passing, that is on 31st July 1974.
Part II of Act Credit Agreements, Hire Agreements and Linked Transactions
Regulated agreements
1
1
An agreement made before F11st April 1977is not a regulated agreement within the meaning of this Act.
2
In this Act “prospective regulated agreement ” does not include a prospective agreement which, if made as expected, would be made before F11st April 1977.
Linked transactions
2
A transaction may be a linked transaction in relation to a regulated agreement or prospective regulated agreement even though the transaction was entered into before the day appointed for the purposes of paragraph 1.
3
Section 19(3) applies only to transactions entered into on or after F219th May 1985.
Total charge for credit
4
Section 20 applies to consumer credit agreements whenever made.
Part III of Act Licensing of Credit and Hire Businesses
F40...
F405
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F406
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F407
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Part IV of Act Seeking Business
Advertisements
8
Part IV does not apply to any advertisement published before F36th October 1980.
Canvassing
9
Section 49 comes into operation on F41st October 1977.
Circulars to minors
10
Section 50 comes into operation on F51st July 1977.
F41...
Sch. 3 para. 11 and cross-heading omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(66)(b)
F4111
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Part V of Act Entry into Credit or Hire Agreements
Antecedent negotiations
12
1
Section 56 applies to negotiations in relation to an actual or prospective regulated agreement where the negotiations begin after F616th May 1977.
2
In section 56(3), “agreement ”, where it first occurs, means an agreement whenever made.
General
13
Sections 57 to 59, 61 to 65 and 67 to 73 come into operation on F719th May 1985.
14
Section 66 comes into operation on F819th May 1985.
Part VI of Act Matters Arising During Currency of Credit or Hire Agreements
Liability of creditor for breaches by supplier
15
Section 75 comes into operation on F91st July 1977 but only in relation to regulated agreements made on or after that day.
Duty to give notice
16
1
Section 76 comes into operation on F1019th May 1985.
2
Section 76 applies to an agreement made before F1019th May 1985where the agreement would have been a regulated agreement if made on that day.
Duty to give information
17
1
Sections 77 to 80 come into operation on F1119th May 1985.
2
Sections 77 to 79 apply to an agreement made before F1119th May 1985where the agreement would have been a regulated agreement if made on that day.
Appropriation of payments
18
Section 81 comes into operation on F1219th May 1985.
Variation of agreements
19
Section 82 comes into operation on F131st April 1977.
Misuse of credit facilities
20
1
Sections 83 and 84 come into operation on F1419th May 1985.
2
Subject to sub-paragraph (4), section 83 applies to an agreement made before F1419th May 1985 where the agreement would have been a regulated consumer credit agreement if made on that day.
3
Subject to sub-paragraph (4), section 84 applies to an agreement made before F1419th May 1985 where the agreement would have been a credit-token agreement if made on that day.
4
Sections 83 and 84 do not apply to losses arising before F1419th May 1985.
5
Section 84(4) shall be taken to be satisfied in relation to an agreement made before F1419th May 1985 if, within 28 days after that day, the creditor gives notice to the debtor of the name, address and telephone number of a person stated in that notice to be the person to whom notice is to be given under section 84(3).
Duty on issue of new credit-tokens
21
1
Section 85 comes into operation on F1519th May 1985.
2
Section 85 applies to an agreement made before F1519th May 1985 where the agreement would have been a regulated agreement if made on that day.
Death of debtor or hirer
22
1
Section 86 comes into operation on F1619th May 1985.
2
Section 86 applies to an agreement made before F1619th May 1985 where the agreement would have been a regulated agreement if made on that day.
Part VII of Act Default and Termination
Default notices
23
Sections 87 to 89 come into operation on F1719th May 1985.
Retaking of goods and land
24
Sections 90 and 91 come into operation on F1819th May 1985.
25
Section 92 comes into operation on F1919th May 1985.
Interest on default
26
Section 93 comes into operation on F2019th May 1985.
Early payment by debtor
27
Sections 94 to 97 come into operation on F2119th May 1985.
Termination of agreements
28
Section 98 comes into operation on F2219th May 1985.
29
Section 99 comes into operation on F2319th May 1985.
30
Section 100 comes into operation on F2419th May 1985.
31
Section 101 comes into operation on F2519th May 1985.
32
Section 102 comes into operation on F2619th May 1985.
33
Section 103 comes into operation on F2719th May 1985.
34
Section 104 comes into operation on F2819th May 1985.
Old agreements
35
Part VII (except sections 90, 91, 93 and 99 to 102 and 104) applies to an agreement made before F2919th May 1985 where the agreement would have been a regulated agreement if made on that day.
Part VIII of Act Security
General
36
Section 105 comes into operation on F3019th May 1985.
37
1
Sections 107 to 110 come into operation on F3119th May 1985.
2
Sections 107 to 110 apply to an agreement made before F3119th May 1985 where the agreement would have been a regulated agreement if made on that day.
38
1
Section 111 comes into operation on F3219th May 1985.
2
Section 111 applies to an agreement made before F3219th May 1985 where the agreement would have been a regulated agreement if made on that day.
Pledges
39
Sections 114 to 122 come into operation on F3319th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement.
Negotiable instruments
40
Sections 123 to 125 come into operation on F3419th May 1985.
Land mortgages
41
Section 126 comes into operation on F3519th May 1985.
Part IX of Act Judicial Control
42
Sections 137 to 140 (extortionate credit bargains) come into operation on F3616th May 1977, and apply to agreements and transactions whenever made.
43
Subject to paragraph 42, Part IX comes into operation on F3719th May 1985.
Part X of Act Ancillary Credit Businesses
F42...
Sch. 3 para. 44 and cross-heading omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(66)(c)
F4244
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F39...
Sch. 3 para. 45 and cross-heading omitted (26.7.2013 for specified purposes) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(66)(c)
F3945
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F43...
Sch. 3 para. 46 and cross-heading omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(66)(c)
F4346
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Advertisements
47
Subsections (1) and (2) of section 151 do not apply to any advertisement published before 6th October 1980
Credit Reference Agencies
48
Sections 157 and 158 do not apply to a request received before 16th May 1977.
Part XII of Act Supplemental
Interpretation
49
1
In the case of an agreement—
a
which was made before F3819th May 1985, and
b
to which (by virtue of paragraph 17(2)) section 78(4) applies,
section 185(2) shall have effect as respects a notice given before that day in relation to the agreement (whether given before or after the passing of this Act) as it would have effect if section 78(4) had been in operation when the notice was given.
2
Paragraph (1) applies to an agreement made on or after F3819th May 1985 to provide credit on a current account opened before that day as it applies to an agreement made before that day.
50
In section 189, the definition of “local authority ” shall have effect in relation to matters arising before 16th May 1975 as if for the words “regional, islands or district council ” there were substituted “a county council or town council ”.
Sch. 3 paras. 5-7 and cross-headings omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(66)(a)