Citation and interpretation

1.-(1) This Order may be cited as the Consumer Credit Act 1974 (Commencement No. 8) Order 1983.

(2) In this Order, "the Act" means the Consumer Credit Act 1974.

Appointment of day

2.-(1) For the purposes of paragraphs 3, 13, 14, 16 to 18, 20 to 38, 41 and 43 of Schedule 3 to the Act, the appointed day shall be 19th May 1985.

(2) For the purposes of paragraph 39 of Schedule 3 to the Act, the appointed day shall be 19th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement.

Amendment of Schedule 3 to the Act

3. Schedule 3 to the Act shall be amended so as to insert express references to the days appointed by Article 2 above by the substitution-

(a)for the words "the day appointed for the purposes of this paragraph" wherever they occur-

(i)in each of the paragraphs specified in Article 2(1) above of the words "19th May 1985"; and

(ii)in paragraph 39 of the words "19th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement"; and

(b)for the words "the day appointed for the purposes of paragraph 17" wherever they occur in paragraph 49 of the words "19th May 1985" .

Amendment of other enactments

4. The amendments specified in Schedule 4 to the Act which are set out in Schedule 1 to this Order shall come into operation on 19th May 1985 and shall have effect subject to the limitations there specified.

Repeals

5. Subject to Article 6 below, the repeals specified in Schedule 5 to the Act which are set out in Schedule 2 to this Order shall come into operation on 19th May 1985.

6.-(1) Subject to paragraph (2) below, nothing in this Order shall affect the application of the Hire-Purchase Act 1965, the Hire-Purchase (Scotland) Act 1965 or the Hire-Purchase Act (Northern Ireland) 1966 (all which Acts are in this Article together referred to as "the Hire-Purchase Acts" ), or any enactment mentioned in Column 3 of Schedule 2 to this Order which expressly refers to the Hire-Purchase Acts, to hire-purchase agreements, conditional sale agreements and credit-sale agreements within the meaning of those Acts made, or guarantees and indemnities relating to such agreements provided by a guarantor, before 19th May 1985.

(2) Paragraph (1) above does not apply to sections 21, 23, 25, 26 and 30 of the Hire-Purchase Acts in so far as they apply to an agreement made before 19th May 1985 which would have been a regulated agreement if made on that day.

(3) Nothing in this Order shall affect the application of the Moneylenders Acts 1900 to 1927(1), the Moneylenders Act (Northern Ireland) 1933 or the Moneylenders (Amendment) Act (Northern Ireland) 1969 (except section 8 of the Moneylenders Act 1927 or of the Moneylenders Act (Northern Ireland) 1933), or any enactment mentioned in Column 3 of Schedule 2 to this Order which expressly refers to those Acts, to agreements made with, or any loan made by or security taken by, a moneylender within the meaning of those Acts before 19th May 1985.

(4) Nothing in this Order shall affect the application of the Pawnbrokers Acts 1872 and 1960 or the Pawnbrokers Act (Northern Ireland) 1954, or any enactment mentioned in Column 3 of Schedule 2 to this Order referring to those Acts or to pledges or pawnbrokers, to pledges within the meaning of those Acts taken in pawn before 19th May 1985.

Article 4

SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS SPECIFIED IN SCHEDULE 4 TO THE ACT

PART IUNITED KINGDOM

PART IINORTHERN IRELAND

Article 5

SCHEDULE 2REPEALS

PART IUNITED KINGDOM

PART IINORTHERN IRELAND

EXPLANATORY NOTE

This Order brings into operation those provisions of the Consumer Credit Act 1974 which are not yet in operation, except sections 123 to 125 (which relate to negotiable instruments), by appointing 19th May 1985 for the purposes of the relevant paragraphs of Schedule 3 to that Act (which contains transitional and commencement provisions).

The Order completes, with that one exception, the establishment of the new procedures for the protection of consumers who enter into consumer credit or hire agreements. These procedures replace those in existence under the present legislation dealing with moneylenders, pawnbrokers and hire-purchase traders and their transactions.

It should be noted that sections 114 to 122 (which relate to pledges) are brought into operation only in respect of articles taken in pawn under a consumer credit agreement regulated by the Act.

Articles 3 to 6 introduce consequential amendments and repeals with savings in respect of certain agreements made, and transactions carried out, before 19th May 1985. By virtue of paragraphs 16, 17, 20-�22, 35, 37 and 38 of Schedule 3 to the Act, certain sections of the Act apply to an agreement made before that day where the agreement would have been a regulated agreement if made on that day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS UNDER THE CONSUMER CREDIT ACT 1974

The provisions of the Act came into operation on its passing, that is on 31st July 1974, except as otherwise mentioned in Schedule 3 to the Act. The following provisions of the Act have been brought into force by the Commencement Orders listed below made before the date of this Order for the purposes of Schedule 3 and in certain cases the Orders have amended provisions of Schedule 3. Certain of the amendments to other Acts contained in Schedule 4 and certain of the repeals contained in Schedule 5 have also been brought into force. A list of these latter provisions is available to enquirers at the Department of Trade and Industry at Millbank Tower, Millbank, London SW1P 4QU.