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The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007

S.I. 2007/123 · Made 23 January 2007 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2007.

CONSUMER CREDIT

Made 23rd January 2007

The Secretary of State makes the following Order in exercise of the powers conferred by sections 69(2) to (5) and 71(2) of the Consumer Credit Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c.14.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Commencement
  4. 4Transitional Provisions
  5. 5Transitional Provisions
  6. Signature
  7. Schedule 1PROVISIONS COMING INTO FORCE ON 31st JANUARY 2007
  8. Schedule 2PROVISIONS COMING INTO FORCE ON 6TH APRIL 2007
  9. Explanatory note

1CitationI1

This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions F1and Savings) Order 2007.

2InterpretationI1

In this Order “the 2006 Act” means the Consumer Credit Act 2006.

3CommencementI1

(1)

The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2)

The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

4Transitional ProvisionsI1

Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007.

5Transitional ProvisionsI1

Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in—

(a)

sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)

section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

(c)

section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor’s case with section 77A of that Act,

in relation to agreements made before 6 April 2007.

Signature

Ian McCartney

Minister for Trade, Investment and Foreign Affairs

Department of Trade and Industry

23rd January 2007

Schedule 1PROVISIONS COMING INTO FORCE ON 31st JANUARY 2007I1

ProvisionsSubject matter of provisions
Section 8OFT to prepare information sheets on arrears and default
Section 69(1) insofar as it relates to paragraph 5 of Schedule 3Transitional provision
Paragraph 5 of Schedule 3Transitional provision relating to section 8

Schedule 2PROVISIONS COMING INTO FORCE ON 6TH APRIL 2007I1

ProvisionsSubject Matter of Provisions
Section 1Definition of individual
F1Section 5(5), (6), (8) and (9) Consequential amendments relating to section 1
Section 15Repeal of section 127(3) to (5) of the 1974 Act (enforcement orders in cases of infringement)
Section 19Unfair relationships between creditors and debtors
Section 20Powers of court in relation to unfair relationships
Section 21Interpretation of sections 140A (unfair relationships between creditors and debtors) and 140B (powers of court in relation to unfair relationships) of the 1974 Act
Section 22

Further provision relating to unfair relationships

Repeal of sections 137 to 140 of the 1974 Act (extortionate credit bargains)

F2Section 69(1) insofar as it relates to paragraphs 1(2), 11, 14 to 16 and 29 of Schedule 3 Transitional provision and savings
F3Section 70 insofar as it relates to provisions in Schedule 4 brought into force on 6th April 2007 by this Order Repeals
Paragraph 1(2) of Schedule 3 Transitional provisions and savings
Paragraph 11 of Schedule 3Saving relating to repeal of section 127(3) to (5) of the 1974 Act (enforcement orders relating to improperly executed agreements)
Paragraph 14 of Schedule 3Transitional provision relating to section 140B of the 1974 Act (powers of court in relation to unfair relationships)
Paragraph 15 of Schedule 3Saving relating to repeal of sections 137 to 140 of the 1974 Act
Paragraph 16 of Schedule 3Transitional provision relating to sections 140B and 140C (interpretation of sections 140A and 140B)
F4Paragraph 29 of Schedule 3 Transitional provision
Schedule 4 for the purposes of the entries relating to sections F516(7), 127(1) and (3) to (5), 137 to 140, 143(b), F6171(7), 181(1) in respect of the words “139(5) and (7)”, 181(2) in respect of the words “or 139 (5) or (7)” and 185(3) of the 1974 Act F7, the Bankruptcy (Scotland) Act 1985 (c.66), the Insolvency Act 1986 (c.45) and the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) Repeals

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of the Consumer Credit Act 2006, which amend the Consumer Credit Act 1974.

The provisions in Schedule 1 come into force on 31st January 2007 and the provisions in Schedule 2 come into force on 6th April 2007.

The remaining provisions of the Consumer Credit Act 2006 will be brought into force by subsequent Orders.