Financial Services and Markets Act 2000

Financial Services and Markets Act 2000

2000 CHAPTER 8

Commentary on Sections

Schedule 16: Prohibitions and Restrictions Imposed by the Director General of Fair Trading

845. This Schedule sets out the procedures the DGFT must follow when he exercises his powers under sections 203 and 204 to impose a prohibition or a restriction, or vary an existing restriction without the consent of the firm, on the conduct of consumer credit business by an EEA firm.  This procedure follows that which applies to the exercise of comparable powers in relation to persons licensed under the CCA 1974.  If the EEA firm is carrying on consumer credit business here without a licence on the basis of its passport under the single market directives then the DGFT will need to rely on the powers in sections 203 and 204 to control that business when necessary.

846. The first step is for the DGFT to inform the firm that he proposes to impose the prohibition or restriction, or vary the existing restriction, and give the reasons for this.  He has to allow the firm at least 21 days to make representations, which may be made either in writing or orally.

847. The second step is for the DGFT, having taken account of any representations received, to notify the firm of his decision and send a copy of the notification to the Authority and the firm’s home State regulator.  If the DGFT decides to proceed with a prohibition, a new restriction or variation of an existing one, he may also direct that the firm carries into effect credit agreements made before such action came into force.

848. The firm may appeal against the DGFT’s decision to the Secretary of State, under section 41 of the CCA 1974.  This gives the Secretary of State discretion to dispose  of such an appeal as he thinks just (including making directions about payments of costs).