1 Citation

This Order may be cited as the Consumer Credit Act 2006 (Commencement No 3) Order 2007.

NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Consumer Law99 Banking & Finance Law99 Commercial Law99 Lending & Security99 Consumer Credit99

2 Interpretation

2Interpretation

In this Order “the 2006 Act” means the Consumer Credit Act 2006.

NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Consumer Law99 Banking & Finance Law99 Commercial Law99 Lending & Security99 Consumer Credit99

3 Commencement

3Commencement

(1)    The provisions of the 2006 Act specified in Schedule 1 shall come into force on 1st December 2007.

(2)    The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2008.

(3)    The provisions of the 2006 Act specified in Schedule 3 shall come into force on 1st October 2008.

NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Signature

Gareth Thomas

Parliamentary Under Secretary of State for Trade and Consumer Affairs

Department for Business, Enterprise & Regulatory Reform

22nd November 2007

Consumer Law99 Banking & Finance Law99 Commercial Law99 Lending & Security99 Consumer Credit99

SCHEDULE 1 Provisions Coming into Force on 1st December 2007

SCHEDULE 1Provisions Coming into Force on 1st December 2007 Article 3(1)
ProvisionsSubject Matter of Provisions
Section 30Guidance on fitness test
Section 33(4)Consequential amendments relating to ss. 27 to 32
Section 42Guidance on requirements
Section 44(1)Provision of information etc by applicants
Section 44(3) insofar as it inserts section 6(6) into the 1974 Act for the purpose of specifying the period referred to in that sectionProvision of information etc by applicants
Section 45 insofar as it inserts section 36A(6) and (7) into the 1974 ActDuties to notify changes in information etc
Section 54Statement of policy in relation to civil penalties
Section 55(1) insofar as it inserts section 40A(3) into the 1974 ActThe Consumer Credit Appeals Tribunal
Section 55(1) insofar as it inserts section 40A(4) into the 1974 Act insofar as it relates to paragraphs 9(2) and 10 of Schedule A1The Consumer Credit Appeals Tribunal
Section 55(1) insofar as it inserts section 40A(5) into the 1974 ActThe Consumer Credit Appeals Tribunal
Section 55(2) insofar as it inserts paragraphs 9(2) and 10 of Schedule A1 into the 1974 ActThe Consumer Credit Appeals Tribunal
Section 56(2) insofar as it inserts section 41(1D) into the 1974 ActAppeals to the Consumer Credit Appeals Tribunal
Section 57 insofar as it inserts section 41A(6) into the 1974 ActAppeals from the Consumer Credit Appeals Tribunal
Section 58(2) and (3)Consequential amendments relating to appeals
Section 69(1) insofar as it relates to paragraphs 19 and 22 to 25 of Schedule 3Transitional provision and savings
Schedule 1 insofar as it inserts paragraphs 9(2) and 10 of Schedule A1 into the 1974 ActSchedule A1 to the 1974 Act
Schedule 3, paragraphs 19 and 22 to 25Transitional provision and savings
NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Consumer Law99 Banking & Finance Law99 Commercial Law99 Lending & Security99 Consumer Credit99

SCHEDULE 2 Provisions Coming into Force on 6th April 2008

SCHEDULE 2Provisions Coming into Force on 6th April 2008 Article 3(2)
ProvisionsSubject Matter of Provisions
Section 3 for remaining purposesExemption relating to high net worth debtors and hirers
Section 4 for remaining purposesExemption relating to businesses
Section 5(1) to (4), (7) and (10)Consequential amendments relating to ss 1 to 4
Section 23Definitions of consumer credit business and consumer hire business
Section 26Enforcement of agreements by unlicensed trader etc for remaining purposes
Section 27(1)
Section 27(2) to (4)
Charge on applicants for licences etc for remaining purposes
Section 28Applications for standard licences
Section 29Issue of standard licences
Section 31Variation of standard licences etc
Section 32Winding-up of standard licensee's business
Section 33(1) to (3) and (5) to (12)Consequential amendments relating to ss 27 to 32
Section 34(1)
Section 34(2) for remaining purposes
Section 34(3) to (7)
Section 34(8) for remaining purposes
Section 34(9)
Definite and indefinite licences
Section 35 for remaining purposesCharges for indefinite licences
Section 36 for remaining purposesExtension of period to pay charge for indefinite licence
Section 37Failure to pay charge for indefinite licence
Section 38Power of OFT to impose requirements on licensees
Section 39Power of OFT to impose requirements on supervisory bodies
Section 40Supplementary provision relating to requirements
Section 41Procedure in relation to requirements
Section 43Consequential amendments relating to requirements
Section 44(2)
Section 44(3) for remaining purposes
Provision of information etc by applicants
Section 45 for remaining purposesDuties to notify changes in information etc
Section 46Power of OFT to require information generally
Section 47Power of OFT to require access to premises
Section 48Entry to premises under warrant
Section 49Failure to comply with information requirement
Section 50Officers of enforcement authorities other than OFT
Section 51onsequential amendments relating to information
Section 52Power of OFT to impose civil penalties
Section 53Further provision relating to civil penalties
Section 55(1) insofar as it inserts section 40A(1) and (2) into the 1974 ActThe Consumer Credit Appeals Tribunal
Section 55(1) insofar as it inserts section 40A(4) into the 1974 Act insofar as it relates to paragraphs 1 to 9(1) and 12 to 16 of Schedule A1The Consumer Credit Appeals Tribunal
Section 55(2) insofar as it inserts paragraphs 1 to 9(1) and 12 to 16 of Schedule A1 into the 1974 ActThe Consumer Credit Appeals Tribunal
Section 56(1)Appeals to the Consumer Credit Appeals Tribunal
Section 56(2) for remaining purposesAppeals to the Consumer Credit Appeals Tribunal
Section 56(3)Appeals to the Consumer Credit Appeals Tribunal
Section 57 for remaining purposesAppeals from the Consumer Credit Appeals Tribunal
Section 58(1) and (4)Consequential amendments relating to appeals
Section 62Monitoring of businesses by OFT
Section 64Determinations etc. by OFT
Section 69(1) insofar as it relates to paragraphs 18, 20, 21 and 26 to 28 of Schedule 3Transitional provision and savings
Section 70 insofar as it relates to provisions in Schedule 4 brought into force on 6th April 2008 by this OrderRepeals
Schedule 1 insofar as it inserts paragraphs 1 to 9(1) and 12 to 16 of Schedule A1 into the 1974 ActSchedule A1 to the 1974 Act
Schedule 3, paragraphs 18, 20, 21 and 26 to 28Transitional provision and savings
Schedule 4 for the purposes of the entries relating to sections 2(7), 6(2), 15, 22(9) and (10), 23(2), 25(1A), 29(5), 32(5), 36(6), 40(6), 41, 43, 147, 150 and 162 of the 1974 Act, section 181(1) and (2) of the 1974 Act in respect of the word “43(3)(a),” and section 189(1) of the 1974 Act in respect of the definition of “costs” and the words from “(including” onwards in the definition of “licence”, the Tribunals and Inquiries Act 1992 (c.53) and the Enterprise Act 2002 (c.40)Repeals
NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Trading Standards99 Consumer Law99 Banking & Finance Law99 Commercial Law99 Consumer Credit Businesses98 Local Government99 Consumer Credit99 Lending & Security99

SCHEDULE 3 Provisions Coming into Force on 1st October 2008

SCHEDULE 3Provisions Coming into Force on 1st October 2008 Article 3(3)
ProvisionsSubject matter of provisions
Section 6 for remaining purposesStatements to be provided in relation to fixed-sum credit agreements
Section 7(3)Further provision relating to statements
Section 9 for remaining purposesNotice of sums in arrears under fixed-sum credit agreements etc
Section 10 for remaining purposesNotice of sums in arrears under running- account credit agreements
Section 11Failure to give notice of sums in arrears
Section 12 for remaining purposesNotice of default sums
Section 13Interest on default sums
Section 14(3)Default notices
Section 16Time orders
Section 17 for remaining purposesInterest payable on judgment debts etc
Section 24(1), (3) and (5)Debt administration etc
Section 25(1), (3) and (4)Credit information services
Section 69(1) insofar as it relates to paragraphs 2 to 4, 6 to 9, 12 and 13 of Schedule 3Transitional provision and savings
Schedule 3, paragraphs 2 to 4, 6 to 9, 12 and 13 of Schedule 3Transitional provision and savings
NOTES
Initial Commencement
Date Made

Date made: 22 November 2007: (no specific commencement provision).

Default on Loans97 Consumer Law98 Banking & Finance Law98 Commercial Law98 Default of Payments98 Consumer Credit Agreements97 Consumer Credit98 Lending & Security98

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order brings into force further provisions of the Consumer Credit Act 2006, which amend the Consumer Credit Act 1974.

The provisions in Schedule 1 come into force on 1st December 2007, the provisions in Schedule 2 come into force on 6th April 2008 and the provisions in Schedule 3 come into force on 1st October 2008.

The remaining provisions of the Consumer Credit Act 2006 will be brought into force by a subsequent Order.

Consumer Law99 Banking & Finance Law99 Commercial Law99 Lending & Security99 Consumer Credit99

Practice Areas