SCHEDULE 25Minor and consequential amendments
Consumer Credit Act 1974 (c. 39)
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)
““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
”
.