Consumer Credit Act 1974

Renewal, variation, suspension and revocation of licencesU.K.

29 Renewal.U.K.

(1)If the licensee under a standard licence [F1of limited duration], or the original applicant for, or any licensee under, a group licence of limited duration, wishes the [F2OFT] to renew the licence, whether on the same terms (except as to expiry) or on varied terms, he must, during the period specified by the [F2OFT] by general notice or such longer period as the [F2OFT] may allow, make an application to the [F2OFT] for its renewal.

(2)The [F2OFT] may of [F3its] own motion renew any group licence.

(3)The preceding provisions of this Part apply to the renewal of a licence as they apply to the issue of a licence, except that section 28 does not apply to a person who was already excluded in the licence up for renewal.

[F4(3A)In its application to the renewal of standard licences by virtue of subsection (3) of this section, section 27(1) shall have effect as if for paragraph (b) there were substituted—

“(b)invite the applicant to submit to the OFT in accordance with section 34 representations—

(i)in support of his application; and

(ii)about the provision (if any) that should be included under section 34A as part of the determination were the OFT to refuse the application or grant it in terms different from those applied for.”]

(4)Until the determination of an application under subsection (1) and, where an appeal lies from the determination, until the end of the appeal period, the licence shall continue [F5to have effect], notwithstanding that apart from this subsection it would expire earlier.

(5)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)General notice shall be given of the renewal of a group licence.

30 Variation by request.U.K.

[F7(1)If it thinks fit, the OFT may by notice to the licensee under a standard licence—

(a)in the case of a licence which covers the carrying on of a type of business only so far as it falls within one or more descriptions of business, vary the licence by—

(i)removing that limitation;

(ii)adding a description of business to that limitation; or

(iii)removing a description of business from that limitation;

(b)in the case of a licence which covers the carrying on of a type of business with no limitation, vary the licence so that it covers the carrying on of that type of business only so far as it falls within one or more descriptions of business;

(c)vary the licence so that it no longer covers the carrying on of a type of business at all;

(d)vary the licence so that a type of business the carrying on of which is not covered at all by the licence is covered either—

(i)with no limitation; or

(ii)only so far as it falls within one or more descriptions of business; or

(e)vary the licence in any other way except for the purpose of varying the descriptions of activities covered by the licence.

(1A)The OFT may vary a licence under subsection (1) only in accordance with an application made by the licensee.

(1B)References in this section to a description of business in relation to a type of business—

(a)are references to a description of business specified in a general notice under section 24A(5)(a); and

(b)in subsection (1)(a)(apart from sub-paragraph (ii)) include references to a description of business that was, but is no longer, so specified.]

(2)In the case of a group licence issued on the application of any person, the [F8OFT] , on an application made by that person, may if [F9it] thinks fit by notice to that person vary the terms of the licence in accordance with the application; but the [F8OFT] shall not vary a group licence under this subsection by excluding a named person, other than the person making the request, unless that named person consents in writing to his exclusion.

(3)In the case of a group licence from which (whether by name or description) a person is excluded, the [F8OFT] , on an application made by that person, may if [F9it] thinks fit, by notice to that person, vary the terms of the licence so as to remove the exclusion.

(4)Unless the [F8OFT] determines to vary a licence in accordance with an application [F9it] shall, before determining the application, by notice—

(a)inform the applicant, giving [F10its] reasons, that [F9it] is minded to refuse the application, and

(b)invite the applicant to submit to the [F8OFT] representations in support of his application in accordance with section 34.

(5)General notice shall be given that a variation of a group licence has been made under this section.

31 Compulsory variation.U.K.

(1)Where at a time during the currency of a licence the [F11OFT] is of the opinion that, if the licence had expired at that time [F12(assuming, in the case of a licence which has effect indefinitely, that it were a licence of limited duration)], [F13it] would, on an application for its renewal or further renewal on the same terms (except as to expiry), have been minded to grant the application but on different terms, and that therefore [F14it should take steps mentioned in subsection (1A)] , [F13it] shall proceed as follows.

[F15(1A)Those steps are—

(a)in the case of a standard licence, steps mentioned in section 30(1)(a)(ii) and (iii), (b), (c) and (e);

(b)in the case of a group licence, the varying of terms of the licence.]

[F16(1B)The OFT shall also proceed as follows if, having regard to section 22(1B) to (1E), it is of the opinion—

(a)that a licence which has effect indefinitely should have its duration limited; or

(b)in the case of a licence of limited duration, that the period during which it has effect should be shortened.]

(2)In the case of a standard licence the [F11OFT] shall, by notice—

(a)inform the licensee of the variations the [F11OFT] is minded to make in the terms of the licence, stating [F17its] reasons, and

[F18(b)invite him to submit to the OFT in accordance with section 34 representations—

(i)as to the proposed variations; and

(ii)about the provision (if any) that should be included under section 34A as part of the determination were the OFT to vary the licence.]

(3)In the case of a group licence the [F11OFT] shall—

(a)give general notice of the variations [F19it] is minded to make in the terms of the licence, stating [F20its] reasons, and

(b)in the notice invite any licensee to submit to [F21it] representations as to the proposed variations in accordance with section 34.

(4)In the case of a group licence issued on application the [F11OFT] shall also—

(a)inform the original applicant of the variations the [F11OFT] is minded to make in the terms of the licence, stating [F22its] reasons, and

(b)invite him to submit to the [F11OFT] representations as to the proposed variations in accordance with section 34.

(5)If the [F11OFT] is minded to vary a group licence by excluding any person (other than the original applicant) from the group by name the [F11OFT] shall, in addition, take the like steps under section 28 as are required in the case mentioned in that section.

(6)General notice shall be given that a variation of any group licence has been made under this section.

(7)A variation under this section shall not take effect before the end of the appeal period.

[F23(8)Subsection (1) shall have effect in relation to a standard licence as if an application could be made for the renewal or further renewal of the licence on the same terms (except as to expiry) even if such an application could not be made because of provision made in a general notice under section 24A(5).

(9)Accordingly, in applying subsection (1AA) of section 25 in relation to the licence for the purposes of this section, the OFT shall treat references in that subsection to the description or descriptions of business in relation to a type of business as references to the description or descriptions of business included in the licence in relation to that type of business, notwithstanding that provision under section 24A(5).]

32 Suspension and revocation.U.K.

(1)Where at a time during the currency of a licence the [F24OFT] is of the opinion that if the licence had expired at that time [F25(assuming, in the case of a licence which has effect indefinitely, that it were a licence of limited duration)][F26it] would have been minded not to renew it, and that therefore it should be revoked or suspended, [F26it] shall proceed as follows.

(2)In the case of a standard licence the [F24OFT] shall, by notice—

(a)inform the licensee that, as the case may be, the [F24OFT] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F27its] reasons, and

[F28(b)invite him to submit to the OFT in accordance with section 34 representations—

(i)as to the proposed revocation or suspension; and

(ii)about the provision (if any) that should be included under section 34A as part of the determination were the OFT to revoke or suspend the licence.]

(3)In the case of a group licence the [F24OFT] shall—

(a)give general notice that, as the case may be, [F29it] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F30its] reasons, and

(b)in the notice invite any licensee to submit to [F31it] representations as to the proposed revocation or suspension in accordance with section 34.

(4)In the case of a group licence issued on application the [F24OFT] shall also—

(a)inform the original applicant that, as the case may be, the [F24OFT] is minded to revoke the licence, or suspend it until a specified date or indefinitely, stating [F32its] reasons, and

(b)invite him to submit representations as to the proposed revocation or suspension in accordance with section 34.

(5)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)General notice shall be given of the revocation or suspension of a group licence.

(7)A revocation or suspension under this section shall not take effect before the end of the appeal period.

(8)Except for the purposes of section 29, a licensee under a suspended licence shall be treated, in respect of the period of suspension, as if the licence had not been issued; and where the suspension is not expressed to end on a specified date it may, if the [F24OFT] thinks fit, be ended by notice given by [F34it] to the licensee or, in the case of a group licence, by general notice.

[F35(9)The OFT has no power to revoke or to suspend a standard licence simply because, by virtue of provision made in a general notice under section 24A(5), a person cannot apply for the renewal of such a licence on terms which are the same as the terms of the licence in question.]

33 Application to end suspension.U.K.

(1)On an application made by a licensee the [F36OFT] may, if [F37it] thinks fit, by notice to the licensee end the suspension of a licence, whether the suspension was for a fixed or indefinite period.

(2)Unless the [F36OFT] determines to end the suspension in accordance with the application [F37it] shall, before determining the application, by notice—

(a)inform the applicant, giving [F38its] reasons, that [F37it] is minded to refuse the application, and

(b)invite the applicant to submit to the [F36OFT] representations in support of his application in accordance with section 34.

(3)General notice shall be given that a suspension of a group licence has been ended under this section.

(4)In the case of a group licence issued on application—

(a)the references in subsection (1) to a licensee include the original applicant;

(b)the [F36OFT] shall inform the original applicant that a suspension of a group licence has been ended under this section.