Section 192(1).
SCHEDULE 3U.K. 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 ActU.K. Credit Agreements, Hire Agreements and Linked Transactions
Regulated agreementsU.K.
1(1)An agreement made before [F11st April 1977]is not a regulated agreement within the meaning of this Act.U.K.
(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].
Textual Amendments
F1Words substituted by S.I. 1977/325, art. 2 Sch. 1 para. 1
Linked transactionsU.K.
2U.K.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.
3U.K.Section 19(3) applies only to transactions entered into on or after [F219th May 1985].
Textual Amendments
F2Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Total charge for creditU.K.
4U.K.Section 20 applies to consumer credit agreements whenever made.
Part III of ActU.K. Licensing of Credit and Hire Businesses
F3...U.K.
Textual Amendments
F3Sch. 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)
F35U.K.............................................................
F3...U.K.
F36U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3...U.K.
F37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV of ActU.K. Seeking Business
AdvertisementsU.K.
8U.K.Part IV does not apply to any advertisement published before [F46th October 1980].
Textual Amendments
F4Words substituted by S.I. 1980/50, art. 3
CanvassingU.K.
9U.K.Section 49 comes into operation on [F51st October 1977].
Textual Amendments
F5Words substituted by S.I. 1977/802, para. 3
Circulars to minorsU.K.
10U.K.Section 50 comes into operation on [F61st July 1977].
Textual Amendments
F6Words substituted by S.I. 1977/802, para. 3
F7...U.K.
Textual Amendments
F7Sch. 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)
F711U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V of ActU.K. Entry into Credit or Hire Agreements
Antecedent negotiationsU.K.
12(1)Section 56 applies to negotiations in relation to an actual or prospective regulated agreement where the negotiations begin after [F816th May 1977].U.K.
(2)In section 56(3), “agreement ”, where it first occurs, means an agreement whenever made.
Textual Amendments
F8Words substituted by S.I. 1977/325, art. 2 Sch. 1 para. 1
GeneralU.K.
13U.K.Sections 57 to 59, 61 to 65 and 67 to 73 come into operation on [F919th May 1985].
Textual Amendments
F9Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
14U.K.Section 66 comes into operation on [F1019th May 1985].
Textual Amendments
F10Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Part VI of ActU.K. Matters Arising During Currency of Credit or Hire Agreements
Liability of creditor for breaches by supplierU.K.
15U.K.Section 75 comes into operation on [F111st July 1977 but only in relation to regulated agreements made on or after that day].
Textual Amendments
F11Words substituted by S.I. 1977/802, para. 3
Duty to give noticeU.K.
16(1)Section 76 comes into operation on [F1219th May 1985].U.K.
(2)Section 76 applies to an agreement made before [F1219th May 1985]where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F12Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Duty to give informationU.K.
17(1)Sections 77 to 80 come into operation on [F1319th May 1985].U.K.
(2)Sections 77 to 79 apply to an agreement made before [F1319th May 1985]where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F13Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Appropriation of paymentsU.K.
18U.K.Section 81 comes into operation on [F1419th May 1985].
Textual Amendments
F14Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Variation of agreementsU.K.
19U.K.Section 82 comes into operation on [F151st April 1977].
Textual Amendments
F15Words substituted by S.I. 1977/325, art. 2 Sch. 1 para. 1
Misuse of credit facilitiesU.K.
20(1)Sections 83 and 84 come into operation on [F1619th May 1985].U.K.
(2)Subject to sub-paragraph (4), section 83 applies to an agreement made before [F1619th 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 [F1619th 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 [F1619th May 1985].
(5)Section 84(4) shall be taken to be satisfied in relation to an agreement made before [F1619th 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).
Textual Amendments
F16Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Duty on issue of new credit-tokensU.K.
21(1)Section 85 comes into operation on [F1719th May 1985].U.K.
(2)Section 85 applies to an agreement made before [F1719th May 1985] where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F17Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Death of debtor or hirerU.K.
22(1)Section 86 comes into operation on [F1819th May 1985].U.K.
(2)Section 86 applies to an agreement made before [F1819th May 1985] where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F18Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Part VII of ActU.K. Default and Termination
Default noticesU.K.
23U.K.Sections 87 to 89 come into operation on [F1919th May 1985].
Textual Amendments
F19Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Retaking of goods and landU.K.
24U.K.Sections 90 and 91 come into operation on [F2019th May 1985].
Textual Amendments
F20Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
25U.K.Section 92 comes into operation on [F2119th May 1985].
Textual Amendments
F21Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Interest on defaultU.K.
26U.K.Section 93 comes into operation on [F2219th May 1985].
Textual Amendments
F22Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Early payment by debtorU.K.
27U.K.Sections 94 to 97 come into operation on [F2319th May 1985].
Textual Amendments
F23Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Termination of agreementsU.K.
28U.K.Section 98 comes into operation on [F2419th May 1985].
Textual Amendments
F24Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
29U.K.Section 99 comes into operation on [F2519th May 1985].
Textual Amendments
F25Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
30U.K.Section 100 comes into operation on [F2619th May 1985].
Textual Amendments
F26Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
31U.K.Section 101 comes into operation on [F2719th May 1985].
Textual Amendments
F27Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
32U.K.Section 102 comes into operation on [F2819th May 1985].
Textual Amendments
F28Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
33U.K.Section 103 comes into operation on [F2919th May 1985].
Textual Amendments
F29Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
34U.K.Section 104 comes into operation on [F3019th May 1985].
Textual Amendments
F30Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Old agreementsU.K.
35U.K.Part VII (except sections 90, 91, 93 and 99 to 102 and 104) applies to an agreement made before [F3119th May 1985] where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F31Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Part VIII of ActU.K. Security
GeneralU.K.
36U.K.Section 105 comes into operation on [F3219th May 1985].
Textual Amendments
F32Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
37(1)Sections 107 to 110 come into operation on [F3319th May 1985].U.K.
(2)Sections 107 to 110 apply to an agreement made before [F3319th May 1985] where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F33Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
38(1)Section 111 comes into operation on [F3419th May 1985].U.K.
(2)Section 111 applies to an agreement made before [F3419th May 1985] where the agreement would have been a regulated agreement if made on that day.
Textual Amendments
F34Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
PledgesU.K.
39U.K.Sections 114 to 122 come into operation on [F3519th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement].
Textual Amendments
F35Words substituted by S.I. 1983/1551, arts. 2(2), 3(a)(ii)
Negotiable instrumentsU.K.
40U.K.Sections 123 to 125 come into operation on [F3619th May 1985].
Textual Amendments
F36Words substituted by S.I. 1984/436, art. 3
Land mortgagesU.K.
41U.K.Section 126 comes into operation on [F3719th May 1985].
Textual Amendments
F37Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Part IX of ActU.K. Judicial Control
42U.K.Sections 137 to 140 (extortionate credit bargains) come into operation on [F3816th May 1977], and apply to agreements and transactions whenever made.
Textual Amendments
F38Words substituted by S.I. 1977/325, art. 2 Sch. 1 para. 1
43U.K.Subject to paragraph 42, Part IX comes into operation on [F3919th May 1985].
Textual Amendments
F39Words substituted by S.I. 1983/1551, arts. 2(1), 3(a)(i)
Part X of ActU.K. Ancillary Credit Businesses
F40...U.K.
Textual Amendments
F40Sch. 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)
F4044U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41...U.K.
Textual Amendments
F41Sch. 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)
F4145U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42...U.K.
Textual Amendments
F42Sch. 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)
F4246U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AdvertisementsU.K.
47U.K.Subsections (1) and (2) of section 151 do not apply to any advertisement published before 6th October 1980
Credit Reference AgenciesU.K.
48U.K.Sections 157 and 158 do not apply to a request received before 16th May 1977.
Part XII of ActU.K. Supplemental
InterpretationU.K.
49(1)In the case of an agreement—U.K.
(a)which was made before [F4319th 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 [F4319th May 1985] to provide credit on a current account opened before that day as it applies to an agreement made before that day.
Textual Amendments
F43Words substituted by S.I. 1983/1551, art. 3(b)
50U.K.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 ”.