The Consumer Credit (Loss of Pawn-Receipt) Regulations 1983

Made: 24th October 1983

Laid before Parliament: 3rd November 1983

Coming into Operation: 19th May 1985

The Secretary of State, in exercise of the powers conferred on him by sections 118(1) and 189(1) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Consumer Credit (Loss of Pawn-Receipt) Regulations 1983 and shall come into operation on 19th May 1985.

• (2) In these Regulations, “the Act” means the Consumer Credit Act 1974.

Form and contents of statutory declaration or statement in writing on loss etc. of pawn-receipt

2

• (1) Any statutory declaration tendered to a creditor by virtue of section 118(1)(a) of the Act by a person who is not in possession of the pawn-receipt but who claims to be the owner of the pawn, or to be otherwise entitled or authorised to redeem it, shall be in the Form set out in Schedule 1 to these Regulations, and shall contain the information specified in that Form.

• (2) Any statement in writing tendered to a creditor by virtue of section 118(1)(b) of the Act by a person who is not in possession of the pawn-receipt but who claims to be the owner of the pawn, or to be otherwise entitled or authorised to redeem it, shall be in the Form set out in Schedule 2 to these Regulations, and shall contain the information specified in that Form.

SCHEDULE 1 — STATUTORY DECLARATION FOR USE UNDER THE CONSUMER CREDIT ACT 1974 WHEN A PAWN-RECEIPT GIVEN BY A PERSON WHO HAS TAKEN ANY ARTICLE IN PAWN UNDER A REGULATED CONSUMER CREDIT AGREEMENT IS NOT IN THE POSSESSION OF THE CLAIMANT

SCHEDULE 2 — STATEMENT IN WRITING FOR USE UNDER THE CONSUMER CREDIT ACT 1974 WHEN A PAWN-RECEIPT GIVEN BY A PERSON WHO HAS TAKEN ANY ARTICLE IN PAWN UNDER A REGULATED CONSUMER CREDIT AGREEMENT IS NOT IN THE POSSESSION OF THE CLAIMANT

Signed

Alexander Fletcher — Parliamentary Under-Secretary of State — Department of Trade and Industry — 24th October 1983

Explanatory note

EXPLANATORY NOTE

These Regulations prescribe the form and contents of the statutory declaration or statement in writing which may be tendered, in the case of the loss etc. of the pawn-receipt, under section 118(1) of the Consumer Credit Act 1974 on the redemption of any pawned article taken under a consumer credit agreement regulated by the Act. It may be tendered by a person who has lost or is otherwise not in possession of the pawn-receipt, eg because it has been destroyed or stolen, but who claims to be the owner of the article or to be otherwise entitled or authorised to redeem it.