This Statutory Instrument has been made to correct errors and clarify certain provisions in S.I. 2007/1167 and is being issued free of charge to all known recipients of that Statutory Instrument.
2008 No. 1751
The Consumer Credit (Information Requirements and Duration of Licences and Charges) (Amendment) Regulations 2008
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 77A(2), 78(4A), 86B(8), 130A(6), 182(2) and (4) and 189(1) of the Consumer Credit Act 19741.
Citation and commencement1
These Regulations may be cited as the Consumer Credit (Information Requirements and Duration of Licences and Charges) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment to the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 20072
The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 20072 shall be amended as follows—
a
in regulation 6, after “amounts” insert “and dates”;
b
in regulation 7—
i
before paragraph (a) insert–
za
the reference to opening balance in paragraph 3(f) of Schedule 1 may be construed as a reference to the aggregated opening balance;
ii
after paragraph (c) insert—
cc
the reference to balance in paragraph 3(j) of Schedule 1 may be construed as a reference to the aggregated balance;
c
in regulation 9—
i
for paragraph (2) substitute—
2
Where the statement is not the first statement given under section 77A of the 1974 Act in relation to the agreements to which the agreement to aggregate relates, the reference to the amount of credit in paragraph 3(b) of Schedule 1 may be construed as a reference to the aggregated amount of credit provided, and where applicable, to be provided under those agreements.
ii
paragraph (3) shall be deleted;
d
in regulation 10, at the end insert “and the information referred to in paragraph 3(h) of Schedule 1 may be omitted from the statement.”;
e
in regulation 12—
i
in paragraph (2), for “maintained” substitute “operated”; and
ii
for paragraph (3) substitute—
3
For the purposes of paragraph (2), “relevant website” has the same meaning as in article 14 of the Home Credit Market Investigation Order 20073.
f
for regulation 14 substitute—
14
Subject to regulations 17 and 18, where the agreement to which the statement relates requires the payment each month of a minimum sum, the statement shall include the forms of wording set out in paragraphs 1 and 4 of Schedule 2, and in paragraph 2 of that Schedule if applicable, and the information set out in paragraph 3 of that Schedule.
g
Regulation 15 shall be deleted.
h
for regulation 16 substitute—
16
Where the agreement to which the statement relates does not require the payment each month of a minimum sum, and the creditor has at any time during the period to which the statement relates required the debtor to repay sums which are due under the agreement, only the second form of wording set out in paragraph 4 of Schedule 2 shall be given.
i
in regulation 17, for “15” substitute “14”;
j
in regulation 19—
i
in paragraph (1)(a), for “his payments” substitute “the sums payable”;
ii
in paragraph (2)(c), for “19(1)” substitute “19(2)(b)”;
iii
at the beginning of paragraph (3), insert “Subject to paragraph (3A),”; and
iv
after paragraph (3) insert—
3A
Where the rate or rates of interest provided for under the agreement are not applicable on a per annum basis, paragraph 9 of Schedule 3 shall not require amounts and dates of interest which became due during the period to which the notice relates to be set out separately in the notice.
k
in regulation 20(3), for paragraph (a) substitute—
a
the reference to sums paid in paragraph 8 of Schedule 3 may be construed as a reference to the aggregated sums which the debtor is permitted or required to pay;
l
in regulation 21, for “payment made” substitute “a sum paid”;
m
in regulation 22—
i
for “section 86B(2)(b)” substitute “section 86B(2)”;
ii
in paragraph (a)—
aa
at the end of sub-paragraph (i), delete “and”;
bb
after that sub-paragraph insert—
ia
the amount of the shortfall in paragraph 6 of that Schedule; and
cc
after “the aggregated opening balance” the first time those words appear, insert “,the aggregated amount of the shortfall”;
n
in regulation 23, for paragraph (c) substitute—
c
the reference to sums paid in paragraph 8 of that Schedule may be construed as a reference to the aggregated sums which the debtor is permitted or required to pay;
o
in regulation 38, delete paragraph (2)(a);
p
in regulation 40, in paragraph (1) after “Regulations” insert “,other than regulation 33,”;
q
in regulation 50, for paragraph (2) substitute—
2
Where pre-commencement information is included in a notice to which section 86(B)(2) applies it may be aggregated with—
a
the amount of the shortfall in paragraph 6 of Schedule 3;
b
the sum required to be included in the notice under paragraph 7 of that Schedule; or
c
the sum required to be included in the notice under paragraph 12 of that Schedule.
r
in Schedule 3—
i
in paragraph 8, for “payment made” substitute “sums paid”; and
ii
in paragraph 10, at the end add “and 9”; and
s
in Schedule 5, for paragraph 6 substitute—
6
A statement in the following form—
‘Advice and informationYou can also obtain advice and information about dealing with your debt issues from Citizens Advice, Consumer Credit Counselling Service, National Debtline, Consumer Direct, Consumerline and Community Legal Advice. [ NOTE 1].’.
NOTE 1: Insert the contact details for the organisations referred to which are contained in the current Office of Fair Trading Default information sheet.
(This note is not part of the Regulations)