The Consumer Credit Act 1974 (Commencement No. 6) Order 1980

Statutory Instruments

1980 No. 50 (C.3)

CONSUMER CREDIT

The Consumer Credit Act 1974 (Commencement No. 6) Order 1980

Made

17th January 1980

The Secretary of State, in exercise of powers conferred on him by sections 182(2) and 192(2) and (4) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and interpretation

1.—(1) This Order may be cited as the Consumer Credit Act 1974 (Commencement No. 6) Order 1980.

(2) In this Order, “the Act” means the Consumer Credit Act 1974.

Appointment of day for application of provisions of the Act to advertisements

2.  For the purposes of paragraphs 8 and 47 of Schedule 3 to the Act (which provide respectively for the application of Part IV of the Act (Seeking Business) to credit and hire advertisements and for the application of certain provisions of that Part to advertisements published for the purposes of certain ancillary credit businesses), the appointed day shall be 6th October 1980.

Amendment of Schedule 3 to the Act

3.  Schedule 3 to the Act shall be amended so as to insert express references to the day appointed by article 2 above by the substitution in each of paragraphs 8 and 47 for the words “the day appointed for the purposes of this paragraph” of the words “6th October 1980”.

Amendment of other enactments

4.  The amendments specified in paragraphs 24 to 26 and 43 to 45 of Schedule 4 to the Act (which amend certain provisions of the Trading Stamps Act 1964 and the Trading Stamps Act (Northern Ireland) 1965 respectively) shall come into operation on 6th October 1980.

Repeals

5.  The repeals specified in Schedule 5 to the Act which are set out in the Schedule to this Order shall come into operation on 6th October 1980.

Sally Oppenheim

Minister of State

Department of Trade

17th January 1980

(Article 5)

SCHEDULEREPEALS SPECIFIED IN SCHEDULE 5 TO THE ACT

PART IUNITED KINGDOM

Chapter Short Title Extent of Repeal
1872 (35 & 36 Vict.) c. 93.Pawnbrokers Act 1872.Section 13.
1900 (63 & 64 Vict.) c. 51.Moneylenders Act 1900.Section 4.
1927 (17 & 18 Geo. 5) c. 21.Moneylenders Act 1927.Section 4(3).
1964 c. 71.Trading Stamps Act 1964.In section 10(1) the definition of “purchase”.
1967 c. 42.Advertisements (Hire-Purchase) Act 1967.The whole Act.

PART IINORTHERN IRELAND

Chapter Short Title Extent of Repeal
1933 c. 23 (N.I.).Moneylenders Act (Northern Ireland) 1933.Section 4(3).
1954 c. 30 (N.I.).Pawnbrokers Act (Northern Ireland) 1954.Section 11.
1965 c. 6 (N.I.).Trading Stamps Act (Northern Ireland) 1965.In section 9 the definition of “purchase”.
1966 c. 42 (N.I.).Hire-Purchase Act (Northern Ireland) 1966.Part V and Schedule 4.
1967 c. 29 (N.I.).Increase of Fines Act (Northern Ireland) 1967.In Part I of the Schedule the entries relating to sections 4(2) and (3) and 5(5) of the Moneylenders Act (Northern Ireland) 1933.
1968 c. 28 (N.I.).Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968.In Schedule 2 the entry relating to section 5(5) of the Moneylenders Act (Northern Ireland) 1933.

EXPLANATORY NOTE

This Order brings into operation certain provisions of the Consumer Credit Act 1974 by appointing days for the purposes of Schedule 3 to that Act (which contains transitional and commencement provisions).

The appointed days (see article 2) are as follows:—

Paragraph of Schedule 3 to the Act Subject Matter Appointed Day
8Part IV of the Act (which relates to seeking business) not to apply to any advertisement published before the appointed day.6th October 1980
47Sub-sections (1) and (2) of section 151 (which apply certain provisions of Part IV relating to advertising to advertisements published for the purposes of certain ancillary credit business) not to apply to any advertisement published before the appointed day.6th October 1980

Articles 3 to 5 introduce consequential amendments and repeals.