Prospective

PART 2U.K.Amendments to primary legislation

Database accessU.K.

40.—(1) Section 157 (duty to disclose name etc of agency) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Where a creditor under a prospective regulated agreement, other than an excluded agreement, decides not to proceed with it on the basis of information obtained by the creditor from a credit reference agency, the creditor must, when informing the debtor of the decision—

(a)inform the debtor that this decision has been reached on the basis of information from a credit reference agency, and

(b)provide the debtor with the particulars of the agency including its name, address and telephone number.”.

(3) In subsection (1) insert at the beginning “In any other case,”.

(4) After subsection (2) insert—

“(2A) A creditor is not required to disclose information under this section if such disclosure—

(a)contravenes the Data Protection Act 1998,

(b)is prohibited by any EU obligation,

(c)would create or be likely to create a serious risk that any person would be subject to violence or intimidation, or

(d)would, or would be likely to, prejudice—

(i)the prevention or detection of crime,

(ii)the apprehension or prosecution of offenders, or

(iii)the administration of justice.”.

(5) In subsection (3) after “subsection” insert “(A1) or”.

(6) After subsection (3) insert—

“(4) For the purposes of subsection (A1) an agreement is an excluded agreement if it is—

(a)a consumer hire agreement, or

(b)an agreement secured on land.”.

Commencement Information