The Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984

Made: 25th July 1984

Laid before Parliament: 30th July 1984

Coming into Operation: 19th May 1985

The Secretary of State, in exercise of the powers conferred on him by sections 64(1), 180, 182(2) and 189(1) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1

These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984 and shall come into operation on 19th May 1985.

2

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 are hereby amended as follows:—

• (a) for Regulation 3(2)(d) there shall be substituted the following Regulation:—

(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixed-sum credit, or under section 78(1) for running-account credit, under which a person takes any article in pawn, any description of the article taken in pawn.

; and

• (b) after Regulation 5(3) there shall be inserted the following:—

(4) In the case of— (a) an unexecuted agreement a copy of which is required to be delivered or sent to a debtor or hirer under section 62 of the Act; (b) an executed agreement a copy of which is required to be delivered to a debtor or hirer under section 63(1); or (c) an executed agreement a copy of which is required to be given to a debtor or hirer under section 63(2) or (4), and which is not a cancellable agreement within the meaning of the Act and these Regulations but which may be cancelled by the debtor or hirer in accordance with terms of the agreement conferring upon him similar rights as if the agreement were such a cancellable agreement, the agreement may be treated for the purposes of this Regulation as if it were a cancellable agreement within the meaning of the Act and of these Regulations, and Regulation 2 shall then apply as if the agreement were such a cancellable agreement.

Signed

Alexander Fletcher — Parliamentary Under-Secretary of State — Department of Trade and Industry — 25th July 1984

Explanatory note

EXPLANATORY NOTE

These Regulations amend the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the principal Regulations). They enable agreements which are not cancellable agreements within the meaning of the Consumer Credit Act 1974 but which confer on debtors or hirers similar rights of cancellation to be treated as cancellable agreements for the purposes of giving copies under sections 62 and 63 of the Act.

The Regulations also provide that copies given to debtors under section 78(1) of the Act of executed agreements for running-account credit, under which an article is taken in pawn, may omit the description of that article.

A note as to the provisions of the Act and Forms relating to copies of cancellable agreements and to cancellation notices is included overleaf. This replaces the corresponding note to the principal Regulations.