Article 4 Amendments to the Consumer Credit (Agreements) Regulations 1983I1

United Kingdom

(1)

The Consumer Credit (Agreements) Regulations 1983^f1 shall be amended as follows:

(2)

In regulation 6 (signing of agreement)—

(a)

In subsection (2) for “colour of the paper” substitute “background medium upon which the information is displayed”; and

(b)

After subsection 4 insert—

“(5)

Where an agreement is intended to be concluded by the use of an electronic communication nothing in this Regulation shall prohibit the inclusion in the signature box of information about the process or means of providing, communicating or verifying the signature to be made by the debtor or hirer.”.

(3)

In Column 2 of paragraph 2 of Schedule 1 (information to be contained in documents embodying regulated consumer credit agreements other than modifying agreements), for “and a postal address” in each place where it occurs substitute “, postal address and, where appropriate, any other address”.

(4)

In Column 3 of Form 3 of Part 1 of Schedule 2 (forms of statement of protection and remedies available under the Consumer Credit Act 1974 to debtors under regulated consumer credit agreements)—

(a)

for “by post” substitute “[by post]^2;”; and

(b)

at the end insert—

“2 Creditor to replace words in square brackets with a description of the form of electronic communication agreed with the debtor in accordance with section 176A of the Act where the agreement is intended to be concluded by the use of an electronic communication.”.

(5)

In Column 2 of paragraph 2 of Schedule 3 (information to be contained in documents embodying regulated consumer hire agreements other than modifying agreements), for “and a postal address” in each place where it occurs substitute “, postal address and, where appropriate, any other address”.

(6)

In Column 3 of Form 2 of Schedule 4 (forms of statement of protection and remedies available under the Consumer Credit Act 1974 to hirers under regulated consumer hire agreements)—

(a)

for “by post” substitute “[by post]¹; and

(b)

at the end insert—

“Note

1 Owner to replace words in square brackets with a description of the form of electronic communication agreed with the hirer in accordance with section 176A of the Act where the agreement is intended to be concluded by the use of an electronic communication.”.

(7)

In Column 2 of paragraph 2 of Part I of Schedule 8, for “and a postal address”, in each place where it occurs, substitute “, postal address and, where appropriate, any other address”.

(8)

In Column 2 of paragraph 2 of Part II of Schedule 8, for “and a postal address”, in each place where it occurs, substitute “, postal address and, where appropriate, any other address”.

Annotations

Commencement

I1: Art. 4 in force at 31.12.2004, see art. 1(1)

Footnotes

f1: S.I. 1983/1553, to which there are amendments not relevant to these Regulations.