Energy Act 2011

Valid from 28/01/2013

25Exemption from Consumer Credit Act 1974 in relation to credit to business debtorsE+W+S

(1)Section 16B of the Consumer Credit Act 1974 (exemption relating to businesses) is amended as follows.

(2)After subsection (1) insert—

“(1A)This Act does not regulate a consumer credit agreement if—

(a)the credit provided by the creditor to the debtor by the agreement does not exceed £25,000,

(b)the agreement is entered into by the debtor wholly for the purposes of a business carried on, or intended to be carried on, by the debtor, and

(c)the agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).”

(3)In subsection (2) after “If an agreement” insert “ falling within subsection (1) ”.

(4)After subsection (3) insert—

“(3A)Subsections (2) and (3) also apply in relation to an agreement falling within subsection (1A) but with the omission of the words “or predominantly”.

Valid from 28/01/2013

26Energy suppliers not to be treated as carrying on ancillary credit businessE+W+S

In section 21 of the Consumer Credit Act 1974 (businesses needing an OFT licence) after subsection (3) insert—

“(4)A relevant energy supplier acting in that capacity does not need a licence to carry on an ancillary credit business so far as it comprises or relates to debt-adjusting, debt-counselling, debt-collecting or debt administration in relation to debts due under a green deal plan associated with the supplier.

(5)A green deal plan is associated with a relevant energy supplier if the payments under the plan are to be made to the supplier.

(6)In this section—

(a)“green deal plan” has the meaning given by section 1 of the Energy Act 2011; and

(b)“relevant energy supplier” has the meaning given in regulations made for the purposes of section 2(9) of that Act.”

Valid from 28/01/2013

27Duties to give debtors information and statementsE+W+S

(1)The Consumer Credit Act 1974 is amended as follows.

(2)In section 77 (duty to give information to debtor under fixed-sum credit agreement) after subsection (2) insert—

“(2A)Subsection (2B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).

(2B)The duty imposed on the creditor by subsection (1) may be discharged by another person acting on the creditor's behalf.”

(3)In section 77A (statements to be provided in relation to fixed-sum credit agreement) after subsection (2) insert—

“(2A)Subsection (2B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).

(2B)Any duty imposed on the creditor by this section may be discharged by another person acting on the creditor's behalf.”

(4)In section 77B (statement of account to be provided on request in relation to fixed-sum credit agreement) after subsection (7) insert—

“(7A)Subsection (7B) applies if the regulated agreement is a green deal plan (within the meaning of section 1 of the Energy Act 2011).

(7B)The duty imposed on the creditor by this section may be discharged by another person acting on the creditor's behalf.”

Valid from 28/01/2013

28Exemption from requirement to give notice of sums in arrearsE+W+S

In section 86B of the Consumer Credit Act 1974 (requirement to give notice of sums in arrears) for subsection (12) substitute—

“(12)In this section “applicable agreement” means an agreement which falls within subsection (12A) or (12B).

(12A)An agreement falls within this subsection if—

(a)it is a regulated agreement for fixed-sum credit; and

(b)it is not—

(i)a non-commercial agreement;

(ii)a small agreement; or

(iii)a green deal plan (within the meaning of section 1 of the Energy Act 2011).

(12B)An agreement falls within this subsection if—

(a)it is a regulated consumer hire agreement; and

(b)it is neither a non-commercial agreement nor a small agreement.”