Consumer Credit Act 1974

Section 192(1).

SCHEDULE 3U.K. Transitional and Commencement Provisions

Note.Except as otherwise mentioned in this Schedule, the provisions of this Act come into operation on its passing, that is on 31st July 1974.

Part II of Act U.K. Credit Agreements, Hire Agreements and Linked Transactions

Regulated agreementsU.K.

1(1)An agreement made before [F11st April 1977]is not a regulated agreement within the meaning of this Act.U.K.

(2)In this Act “prospective regulated agreement ” does not include a prospective agreement which, if made as expected, would be made before [F11st April 1977].

Linked transactionsU.K.

2U.K.A transaction may be a linked transaction in relation to a regulated agreement or prospective regulated agreement even though the transaction was entered into before the day appointed for the purposes of paragraph 1.

3U.K.Section 19(3) applies only to transactions entered into on or after [F219th May 1985].

Total charge for creditU.K.

4U.K.Section 20 applies to consumer credit agreements whenever made.

Part III of Act U.K. Licensing of Credit and Hire Businesses

[F3 Businesses needing a licence]U.K.

[F45(1)Section 21 does not apply to the carrying on of any description of consumer credit business or consumer hire business—U.K.

(a)before 31st July 1989 in the case of a consumer credit business which is carried on by an individual and in the course of which only the following regulated consumer credit agreements (excluding agreements made before that date) are made, namely—

(i)agreements for fixed-sum credit not exceeding £30, and

(ii)agreements for running-account credit where the credit limit does not exceed that amount;

(b)before 1st October 1977 in the case of any other description of consumer credit business; and

(c)before 1st October 1977 in the case of any consumer hire business.

(2)Where the person carrying on a consumer credit business or a consumer hire business applies for a licence—

(a)before 31st July 1989 in the case of a consumer credit business to which sub-paragraph (1)(a) above applies, or

(b)before 1st October 1977 in the case of any other description of consumer credit business or in the case of any consumer hire business,

he shall be deemed to have been granted on 31st July 1989 or 1st October 1977, as the case may be, a licence covering that business and continuing in force until the licence applied for is granted or, if the application is refused, until the end of the appeal period.]

The registerU.K.

6U.K.Sections 35 and 36 come into operation on [F52nd February 1976].

Enforcement of agreements made by unlicensed traderU.K.

[F67U.K.Section 40 does not apply to a regulated agreement made in the course of any business before the day specified or referred to in paragraph 5(1) in relation to the description of business in question.]

Part IV of Act U.K. Seeking Business

AdvertisementsU.K.

8U.K.Part IV does not apply to any advertisement published before [F76th October 1980].

CanvassingU.K.

9U.K.Section 49 comes into operation on [F81st October 1977].

Circulars to minorsU.K.

10U.K.Section 50 comes into operation on [F91st July 1977].

Unsolicited credit-tokensU.K.

11(1)Section 51(1) does not apply to the giving of a credit-token before [F101st July 1977].U.K.

(2)In section 51(3), “agreement ” means an agreement whenever made.

Part V of Act U.K. Entry into Credit or Hire Agreements

Antecedent negotiationsU.K.

12(1)Section 56 applies to negotiations in relation to an actual or prospective regulated agreement where the negotiations begin after [F1116th May 1977].U.K.

(2)In section 56(3), “agreement ”, where it first occurs, means an agreement whenever made.

GeneralU.K.

13U.K.Sections 57 to 59, 61 to 65 and 67 to 73 come into operation on [F1219th May 1985].

14U.K.Section 66 comes into operation on [F1319th May 1985].

Part VI of Act U.K. Matters Arising During Currency of Credit or Hire Agreements

Liability of creditor for breaches by supplierU.K.

15U.K.Section 75 comes into operation on [F141st July 1977 but only in relation to regulated agreements made on or after that day].

Duty to give noticeU.K.

16(1)Section 76 comes into operation on [F1519th May 1985].U.K.

(2)Section 76 applies to an agreement made before [F1519th May 1985]where the agreement would have been a regulated agreement if made on that day.

Duty to give informationU.K.

17(1)Sections 77 to 80 come into operation on [F1619th May 1985].U.K.

(2)Sections 77 to 79 apply to an agreement made before [F1619th May 1985]where the agreement would have been a regulated agreement if made on that day.

Appropriation of paymentsU.K.

18U.K.Section 81 comes into operation on [F1719th May 1985].

Variation of agreementsU.K.

19U.K.Section 82 comes into operation on [F181st April 1977].

Misuse of credit facilitiesU.K.

20(1)Sections 83 and 84 come into operation on [F1919th May 1985].U.K.

(2)Subject to sub-paragraph (4), section 83 applies to an agreement made before [F1919th May 1985] where the agreement would have been a regulated consumer credit agreement if made on that day.

(3)Subject to sub-paragraph (4), section 84 applies to an agreement made before [F1919th May 1985] where the agreement would have been a credit-token agreement if made on that day.

(4)Sections 83 and 84 do not apply to losses arising before [F1919th May 1985].

(5)Section 84(4) shall be taken to be satisfied in relation to an agreement made before [F1919th May 1985] if, within 28 days after that day, the creditor gives notice to the debtor of the name, address and telephone number of a person stated in that notice to be the person to whom notice is to be given under section 84(3).

Duty on issue of new credit-tokensU.K.

21(1)Section 85 comes into operation on [F2019th May 1985].U.K.

(2)Section 85 applies to an agreement made before [F2019th May 1985] where the agreement would have been a regulated agreement if made on that day.

Death of debtor or hirerU.K.

22(1)Section 86 comes into operation on [F2119th May 1985].U.K.

(2)Section 86 applies to an agreement made before [F2119th May 1985] where the agreement would have been a regulated agreement if made on that day.

Part VII of Act U.K. Default and Termination

Default noticesU.K.

23U.K.Sections 87 to 89 come into operation on [F2219th May 1985].

Retaking of goods and landU.K.

24U.K.Sections 90 and 91 come into operation on [F2319th May 1985].

25U.K.Section 92 comes into operation on [F2419th May 1985].

Interest on defaultU.K.

26U.K.Section 93 comes into operation on [F2519th May 1985].

Early payment by debtorU.K.

27U.K.Sections 94 to 97 come into operation on [F2619th May 1985].

Termination of agreementsU.K.

28U.K.Section 98 comes into operation on [F2719th May 1985].

29U.K.Section 99 comes into operation on [F2819th May 1985].

30U.K.Section 100 comes into operation on [F2919th May 1985].

31U.K.Section 101 comes into operation on [F3019th May 1985].

32U.K.Section 102 comes into operation on [F3119th May 1985].

33U.K.Section 103 comes into operation on [F3219th May 1985].

34U.K.Section 104 comes into operation on [F3319th May 1985].

Old agreementsU.K.

35U.K.Part VII (except sections 90, 91, 93 and 99 to 102 and 104) applies to an agreement made before [F3419th May 1985] where the agreement would have been a regulated agreement if made on that day.

Part VIII of Act U.K. Security

GeneralU.K.

36U.K.Section 105 comes into operation on [F3519th May 1985].

37(1)Sections 107 to 110 come into operation on [F3619th May 1985].U.K.

(2)Sections 107 to 110 apply to an agreement made before [F3619th May 1985] where the agreement would have been a regulated agreement if made on that day.

38(1)Section 111 comes into operation on [F3719th May 1985].U.K.

(2)Section 111 applies to an agreement made before [F3719th May 1985] where the agreement would have been a regulated agreement if made on that day.

PledgesU.K.

39U.K.Sections 114 to 122 come into operation on [F3819th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement].

Negotiable instrumentsU.K.

40U.K.Sections 123 to 125 come into operation on [F3919th May 1985].

Land mortgagesU.K.

41U.K.Section 126 comes into operation on [F4019th May 1985].

Part IX of Act U.K. Judicial Control

42U.K.Sections 137 to 140 (extortionate credit bargains) come into operation on [F4116th May 1977], and apply to agreements and transactions whenever made.

43U.K.Subject to paragraph 42, Part IX comes into operation on [F4219th May 1985].

Part X of Act U.K. Ancillary Credit Businesses

LicensingU.K.

[F4344(1)Section 21(1) does not apply (by virtue of section 147(1)) to the carrying on of any ancillary credit business before 3rd August 1976 in the case of any business so far as it comprises or relates to—U.K.

(a)debt-adjusting,

(b)debt-counselling,

(c)debt-collecting, or

(d)the operation of a credit reference agency.

(1A)Section 21(1) does not apply (by virtue of section 147(1)) to the carrying on of any ancillary credit business before 1st July 1978 so far as it comprises or relates to credit brokerage, not being a business which is carried on by an individual and in the course of which introductions are effected only of individuals desiring to obtain credit—

(a)under debtor-creditor-supplier agreements which fall within section 12(a) and where, in the case of any such agreement—

(i)the person carrying on the business would be willing to sell the goods which are the subject of the agreement to the debtor under a transaction not financed by credit, and

(ii)The amount of credit does not exceed £30; and

(b)under debtor-creditor-supplier agreements which fall within section 12(b) or (c) and where, in the case of any such agreement—

(i)the person carrying on the business is the supplier,

(ii)the creditor is a person referred to in section 145(2)(a)(i), and

(iii)the amount of credit or, in the case of an agreement for running-account credit, the credit limit does not exceed £30.

(1B)Section 21(1) does not apply (by virtue of section 147(1)) to the carrying on of any ancillary credit business before the day appointed for the purposes of this paragraph in the case of any description of ancillary credit business in relation to which no day is appointed under the foregoing provisions of this paragraph.

(2)Where the person carrying on an ancillary credit business applies for a licence before—

(a)3rd August 1976 in the case of an ancillary credit business of a description to which sub-paragraph (1) above applies;

(b)1st July 1978 in the case of an ancillary credit business of a description to which sub-paragraph (1A) above applies; or

(c)the day appointed for the purposes of this paragraph in the case of an ancillary credit business to which sub-paragraph (1B) above applies,

he shall be deemed to have been granted on 3rd August 1976, 1st July 1978 or the day so appointed, as the case may be, a licence covering the description of ancillary credit business in question and continuing in force until the licence applied for is granted or, if the application is refused, until the end of the appeal period.]

Enforcement of agreements made by unlicensed traderU.K.

[F4445U.K.Section 148(1) does not apply to an agreement made in the course of any business before 3rd August 1976 in the case of any business so far as it comprises or relates to—

(a)debt-adjusting,

(b)debt-counselling,

(c)debt-collecting, or

(d)the operation of a credit reference agency,

or before 1st July 1978 in the case of an ancillary credit business of a description to which sub-paragraph (1A) of paragraph 44 applies or before the day appointed for the purposes of that paragraph in the case of an ancillary credit business to which sub-paragraph (1B) of that paragraph applies.]

Introductions by unlicensed credit-brokerU.K.

[F4546U.K.Section 149 does not apply to a regulated agreement made on an introduction effected in the course of any business if the introduction was effected before 1st July 1978 in the case of an ancillary credit business to which sub-paragraph (1A) of paragraph 44 applies or before the day appointed for the purposes of that paragraph in the case of an ancillary credit business to which sub-paragraph (1B) of that paragraph applies.]

AdvertisementsU.K.

47U.K.Subsections (1) and (2) of section 151 do not apply to any advertisement published before [F466th October 1980].

Credit reference agenciesU.K.

48U.K.Sections 157 and 158 do not apply to a request received before [F4716th May 1977].

Part XII of Act U.K. Supplemental

InterpretationU.K.

49(1)In the case of an agreement—U.K.

(a)which was made before [F4819th May 1985], and

(b)to which (by virtue of paragraph 17(2)) section 78(4) applies,

section 185(2) shall have effect as respects a notice given before that day in relation to the agreement (whether given before or after the passing of this Act) as it would have effect if section 78(4) had been in operation when the notice was given.

(2)Paragraph (1) applies to an agreement made on or after [F4819th May 1985] to provide credit on a current account opened before that day as it applies to an agreement made before that day.

50U.K.In section 189, the definition of “local authority ” shall have effect in relation to matters arising before 16th May 1975 as if for the words “regional, islands or district council ” there were substituted “a county council or town council ”.