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Consumer Credit (Miscellaneous Amendments) Regulations

Volume 670: debated on Wednesday 16 March 2005

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asked Her Majesty's Government:How the technical amendments set out in Annexe A of the explanatory memorandum to the regulations are given effect in the Consumer Credit (Miscellaneous Amendments) Regulations (S. I. 2004/2619). [HL1550]

The Parliamentary Under-Secretary of State, Department of Trade and Industry
(Lord Sainsbury of Turville)

The schedule below confirms how each of the amendments set out in the annexe to the explanatory memorandum is given legislative effect in the Consumer Credit (Miscellaneous Amendments) Regulations 2004.

Consumer Credit (Miscellaneous Provisions) Regulations 2004—Schedule of Amendments

In each case, the text in italics is the reference to the provision in the miscellaneous provisions regulations that gives effect to the amendment.

Amendments to the Consumer Credit (Advertisements) Regulations 2004:

In Schedule 2, shoulder note delete "Regulations 4(1), 7(6), 8(1) and (6)" and insert "Regulations 4(1), 7(6), 8(1) and (5)". Amendment by way of Regulation 3(2).

In Schedule 3, paragraph 5(2) delete "debtor" in line 1 and insert "hirer" in its place. Regulation 3(4)(a).

In Schedule 3, paragraph 5(3) delete "credit" and "debtor" in line 2 and insert "owner" and "hirer" respectively in their places. Regulation 3(4)(b).

Amendments to the Consumer Credit (Agreements) Regulations 1983:

In Regulation 2(4)(c) for the words "6 to 8B and 11 to 17" substitute "6 to 8B, 11 to 14 and 15 to 17". Amendment by way of Regulation 2(2).

In Regulation 3(6) for the words "Forms 1 to 3 of Schedule 4" substitute "Forms 1, 4 and 5 of Schedule 4". Regulation 2(3).

In Regulation 7(4)(c) for the words "5 to 7B and 10 to 17" substitute "5 to 7B, 10 to 13 and 14 to 17". Regulation 2(4).

In Regulation 7(4)(e)(i) for the words "20 to 23" substitute "20 to 24". Regulation 2(4).

For paragraph 23 of Schedule 1 substitute:

"23.Agreements that cannot be cancelled by the debtor under the Act, the Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulations 2004."A statement that the debtor has no right to cancel the agreement under the Consumer Credit Act 1974, the Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulations 2004. Regulation 2(5)

Part I of Schedule 2 (forms of statement of protection and remedies available under the Consumer Credit Act 1974 to debtors under regulated consumer credit agreements) shall be amended as follows:

In paragraph 4:

delete the words from "[However you may return" to the end of the paragraph; for "Notes:" substitute "Note:", and

delete the whole of note** .

In column 2 of paragraph 5 for the words "3 or 6" substitute "4 or 6".

In column 3 of paragraph 18 of Part II of Schedule 2 for "£x**** " the first time that it appears substitute "£x*** ".

Regulation 2(6)