Statutory Instruments

1984 No. 1600

CONSUMER CREDIT

The Consumer Credit (Agreements) (Amendment) Regulations 1984

Made

10th October 1984

Laid before Parliament

22nd October 1984

Coming into Operation

19th May 1985

The Secretary of State, in exercise of the powers conferred on him by sections 60, 182(2) and 189(1) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Consumer Credit (Agreements) (Amendment) Regulations 1984 and shall come into operation on 19th May 1985.

2.  The Consumer Credit (Agreements) Regulations 1983 are hereby amended as follows:—

(a) in Regulation 1(2), the following definitions shall be inserted at the appropriate place in alphabetical order:—

  

““contract of insurance” has the same meaning as it has in the Insurance Companies Act 1982;”(1) and”1982 c.50. and

  

  

““guarantee of goods” means anything in writing which contains or purports to contain some promise or assurance (however worded or presented) that defects in goods will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise;”;

  

(b) in Regulation 2(1), for “paragraph (2)” there shall be substituted “paragraphs (2) and (7A)”;

(c) at the beginning of Regulation 2(3) and (7) there shall be inserted “Subject to paragraph (7A) below,”;

(d) in Regulation 2(4), for “to 10” in both places that it occurs there shall be substituted “, 7 and 9”;

(e) after Regulation 2(7) there shall be inserted the following paragraph:—

  

“(7A) Documents embodying a debtor-creditor-supplier agreement falling within section 12(a) of the Act or a debtor-creditor agreement (in this paragraph in either case referred to as “the principal agreement”) and also embodying, or containing the option of, a debtor-creditor-supplier agreement falling within section 12(b) of the Act (in this paragraph referred to as “the subsidiary agreement”) where the subsidiary agreement is to finance a premium under either or both of—

(a) a contract of insurance to provide a sum payable in the event of one or more of the following:—

(i) accident;

(ii) sickness;

(iii) unemployment;

(iv) death only,

of a debtor before the credit under the principal agreement and the subsidiary agreement has been repaid, where the sum payable does not exceed the amount sufficient to defray the sums payable to the creditor in respect of that credit and of the total charge for credit and where the policy monies payable under the contract of insurance are to be used for a repayment under the principal agreement and the subsidiary agreement;

(b) any other contract in so far as it relates to a guarantee of goods,

may contain instead of the headings, statements of the protection and remedies available to debtors under the Act and signature boxes that would otherwise apply—

(aa) a heading and signature box in so far as they relate to the principal agreement;

(bb) a statement in Form 12 of Part I of Schedule 2 to these Regulations; and

(cc) other statements (other than in Form 14 of Part I of Schedule 2) of the protection and remedies available to debtors under the Act in so far as they relate to the principal agreement.”; and

(f) in column 2 in paragraph 1 of Part II of Schedule 8, before the word “regulated” there shall be inserted the word “and”.

Alexander Fletcher

Parliamentary Under-Secretary of State

Department of Trade and Industry

10th October 1984

EXPLANATORY NOTE

These Regulations amend the Consumer Credit (Agreements) Regulations 1983 (the principal Regulations). They enable documents embodying certain consumer credit agreements regulated by the Consumer Credit Act 1974 (the principal agreements) and embodying, or containing the option of, certain agreements (the subsidiary agreements) relating to contracts of insurance against accident, sickness, unemployment or death or any other contracts in so far as they relate to a guarantee of goods to contain with one exception only the information, statements and signature boxes relating to the principal agreements. The one exception is that it is necessary to include the statement in Form 12 of Part I of Schedule 2 to the principal Regulations of the protection and remedies available to debtors under the Act. As a result it will not be necessary to show a heading, signature box and statements of the protection and remedies available to debtors under the Act in so far as they relate to the subsidiary agreement.

The Regulations provide that statements of the protection and remedies available to debtors under the Act in the case of certain modifying agreements need not be shown together as a whole with information about financial and related particulars in documents embodying regulated consumer credit agreements. The Regulations also amend the heading to modifying agreements in paragraph 1 of Part II of Schedule 8. It matches the heading in paragraph 1 of Part I.

(1)

1982 c.50.