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Consumer Credit Act 1974

Changes over time for: Section 42

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Version Superseded: 01/10/1992

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42 Further appeal on point of law. X1U.K.

(1)In section 13 of the M1 Tribunals and Inquiries Act 1971 (subsection (1) of which provides that on a point of law an appeal shall lie to the High Court from a decision of any tribunal mentioned in that subsection or the tribunal may be required,to state a case for the opinion of the High Court), insert the following new subsection after subsection (5)—

“(5A)Subsection (1) of this section shall apply to a decision of the Secretary of State on an appeal under section 41 of the Consumer Credit Act 1974 from a determination of the Director General of Fair Trading as it applies to a decision of any of the tribunals mentioned in that subsection, but with the substitution for the reference to a party to proceedings of a reference to any person who had a right to appeal to the Secretary of State (whether or not he has exercised that right); and accordingly references in subsections (1) and (3) of this section to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.”

(2)In subsection (6)(a) of the said section 13 (application to Scotland), after the word “commissioners ” there shall be inserted the words “or on an appeal under section 41 of the Consumer Credit Act 1974 by a company registered in Scotland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Scotland ”.

(3)In subsection (7) of the said section 13 (application to Northern Ireland) after “subsection (1) of this section ” insert, “and in relation to a decision of the Secretary of State on appeal under section 41 of the Consumer Credit Act 1974 by company registered in Northern Ireland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Northern Ireland. ”

Editorial Information

X1The text of ss. 3(a)(b)(c), 5, 42(1)(2)(3), 192(3)(a)(b), Sch. 4 Pt. I paras. 1, 2, 5, 7 - 9, 11 - 17, 19, 22 - 28, 30 - 32, 34 - 37, Sch. 4 Pt. II paras. 39, 40, 43 -45, 49 - 51 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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