Citation, commencement and interpretation_I1

1.—(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations—

“ the Act ” means the Consumer Credit Act 1974 ;

“ Agreements Regulations ” means the Consumer Credit (Agreements) Regulations 1983 and any reference to any provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

“ cancellable agreement ” includes an agreement which is a modifying agreement treated under section 82(5) of the Act as a cancellable agreement; and

“ lettering ” includes figures and symbols.

Legibility of notices and copy documents and wording of prescribed Forms_I2

2.—(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [^F1background medium upon which the information is displayed^F1] .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [^F2by an appropriate method^F2] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that—

(a)the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

(b)every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names, names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations and are reproduced in Notices of Cancellation Rights sent [^F3by an appropriate method^F3] under section 64(1)(b) or (2) of the Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

General requirements as to form and content of copy documents_I3

3.—(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy—

(a)any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b)any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

(c)in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

[^F4 (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.^F4]

Copies of unexecuted agreements given under section 58(1) of the Act_I4

4. Where the agreement is one to which section 58(1) of the Act applies, every copy of the unexecuted agreement given to a debtor or hirer under section 58(1) of the Act shall include—

(a)a heading which shall be in the Form numbered 1 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3 [^F5shown prominently on^F5] the copy, instead of any heading referred to in Regulations 2(1) and 3(1) of, and paragraph 1 of Schedules 1 and 3 to, the Agreements Regulations; and

(b)a box containing only a notice indicating the right of the debtor or hirer to withdraw from the prospective agreement, and how and when the right is exercisable, in the Form numbered 2 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Form 1 of Schedules 2 and 4 to, the Agreements Regulations.

Copies of cancellable unexecuted and executed agreements_I5

5.—(1) Every copy of a cancellable unexecuted agreement delivered or sent to a debtor or hirer under section 62 of the Act or of a cancellable executed agreement delivered to him under section 63(1) of the Act shall include a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part II of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Forms 2 to 4 of Schedule 2 and Forms 2 and 3 of Schedule 4 to, the Agreements Regulations.

(2) Every copy of a cancellable executed agreement sent [^F6by an appropriate method^F6] to the debtor or hirer under section 63(2) of the Act within the seven days following the making of the agreement or under section 63(4) shall include—

(a)a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part III of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Forms 2 to 4 of Schedule 2 and Forms 2 and 3 of Schedule 4 to, the Agreements Regulations; and

(b)a Cancellation Form which shall be in the Form specified in Part IV of the Schedule.

[^F7 (2A) Nothing in this Regulation shall prohibit the inclusion in the cancellable unexecuted or executed agreement of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.^F7]

(3) Where a notice indicating the right of the debtor or hirer to cancel a cancellable unexecuted or executed agreement does not appear prominently on the first page of any copy of such an agreement delivered or sent to the debtor or hirer under section 62 or 63 of the Act, the copy shall include on its first page a box containing only the statement in the Form specified in Part V of the Schedule to these Regulations.

[^F8 (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.^F8]

Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act_I6

6. Any notice which indicates the right of the debtor or hirer to cancel a cancellable agreement, and how and when that right is exercisable, and which is sent [^F9by an appropriate method^F9] to the debtor or hirer under section 64(1)(b) of the Act within the seven days following the making of the agreement or under section 64(2), shall be—

(a)in the Form numbered in Column 1 in Part VI of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2; and

(b)on a single sheet of paper, and

(i)if the notice is entirely on one side of the paper, the Cancellation Form forming part of that notice shall be on that side; or

(ii) if the notice is continued on the back of the paper, the symbol and word “/over” shall be shown below that part of the text which appears on the front of the paper.

[^F10 6A. Regulation 6(b) shall not apply to a notice which is transmitted in the form of an electronic communication in accordance with section 176A of the Act.

6B. Nothing in this Regulation shall prohibit the inclusion in a notice of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.^F10]

Copies of agreement or security instruments where the agreement or security instrument has been varied_I7

7.—(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either—

(a)an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or

(b)an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

(2) Where a security provided in relation to a regulated agreement has been varied, every copy of the security instrument relating to it given to a debtor, hirer or surety under any provision of the Act shall include either—

(a)an easily legible copy of any document varying the security; or

(b)an easily legible statement of the terms of the security as varied.

Copies of credit-token agreements where the agreement contains a power of variation_I8

8. Every copy of an executed credit-token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

Copies of old agreements and security instruments where the agreement or security instrument has been lost etc_I9

9. Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

Surety's copy of enforcement, default and termination notices_I10

10. Every copy of a default notice or a notice under section 76(1) or 98(1) of the Act served on any surety under section 111(1) of the Act shall contain a prominent heading in one of the following forms of words:—

“Surety's copy of notice served on debtor”

or

“Surety's copy of notice served on hirer”,

as the case may require.

Duty to supply copies of documents not to apply to certain kinds of documents_I11

11. A duty imposed by the Act to supply a copy of a document referred to in an unexecuted agreement or an executed agreement shall not apply to a document of any of the following kinds:—

(a)a document obtained by the debtor or hirer from a person other than the creditor or owner and supplied by the debtor or hirer to the creditor or owner;

[^F11 (aa)in the case of an agreement of the description specified in the Schedule to the Consumer Credit (Notices of Cancellation Rights) (Exemptions) Regulations 1983 and terms of which are contained in a catalogue which is at all reasonable times during the agreement readily available for inspection by the debtor, a copy of the catalogue in question;^F11]

(b)a document, not being a security, which constitutes, evidences or relates to title to property of any kind or relates to the rights or duties of the debtor or hirer in respect of such property;

(c)a document kept, or to be kept, by the debtor or hirer under the terms of, or in consequence of, the agreement;

(d)an official or certified copy of any entry in a register maintained by, or on behalf of, a government department or other body charged with a public administrative or statutory function and open to public inspection (whether in the United Kingdom or elsewhere);

(e)an enactment, other than Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970;

(f)a document, other than an enactment, published by, or on behalf of, a government department or other body charged with a public administrative or statutory function (whether in the United Kingdom or elsewhere); or

(g)in the case of a modifying agreement, a document embodying the terms of the earlier agreement other than a document a copy of which is required to be given under section 77(1), 78(1), 79(1), 85(1), 105(5), 107(1), 108(1) or 109(1) of the Act.

[^F12 (h)in the case of an unexecuted or executed agreement where the prospective regulated agreement or regulated agreement as the case may be is to be or is secured on land, any document referred to in the unexecuted agreement or executed agreement as the case may be in a case where the debtor or hirer has earlier been supplied with a copy of that document in an identical form by virtue of any requirement of the Act.^F12]

SCHEDULE

PART I _I12

FORM OF HEADING TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT

[^F13FORM OF NOTICE OF RIGHT TO WITHDRAW TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT^F13]

Form 2 Type of agreement: An agreement of the kind to which Form 1 applies.

^F14PART II _I13

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE UNEXECUTED OR EXECUTED AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63(1) OF THE ACT

[^F14 Form 3 Type of agreement: A regulated consumer credit agreement to which section 68(b) of the Act applies.^F14]

[^F14 Form 4 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than one to which Form 3 applies or, in the case of a modifying agreement, one to which Form 9 applies).^F14]

[^F14 Form 5 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 3 or 4 applies or, in the case of a modifying agreement, one to which Form 9 applies).^F14]

[^F14 Form 6 Type of agreement: A regulated consumer credit agreement (other than one to which Form 3, 4 or 5 applies or which is a multiple agreement of the kind to which Form 7 or 8 applies or, in the case of a modifying agreement, one to which Form 9 applies).^F14]

[^F14 Form 7 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 4 or 5 applies and at least one part within one category of agreement to which Form 6 applies (other than one to which Form 8 applies).^F14]

[^F14 Form 8 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.^F14]

Form 9 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

PART III _I14

^F15FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE EXECUTED AGREEMENTS SENT [^F16BY AN APPROPRIATE METHOD^F16] TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

[^F15 Form 10 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 15 applies).^F15]

[^F15 Form 11 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 10 applies or, in the case of a modifying agreement, one to which Form 15 applies).^F15]

[^F15 Form 12 Type of agreement: A regulated consumer credit agreement (other than one to which Form 10 or 11 applies or which is a multiple agreement of the kind to which Form 13 or 14 applies or, in the case of a modifying agreement, one to which Form 15 applies).^F15]

[^F15 Form 13 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 10 or 11 applies and at least one part within one category of agreement to which Form 12 applies (other than one to which Form 14 applies).^F15]

[^F15 Form 14 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.^F15]

Form 15 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

PART IV _I15

^F17CANCELLATION FORM TO BE INCLUDED IN COPY CANCELLABLE EXECUTED AGREEMENTS SENT [^F18BY AN APPROPRIATE METHOD^F18] TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

PART V _I16

FORM OF STATEMENT TO BE INCLUDED IN COPY CANCELLABLE AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63 OF THE ACT, WHERE A NOTICE OF CANCELLATION RIGHTS DOES NOT APPEAR PROMINENTLY ON THE FIRST PAGE OF THE COPY

PART VI _I17

^F19FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE SENT [^F20BY AN APPROPRIATE METHOD^F20] TO THE DEBTOR OR HIRER UNDER SECTION 64(1)(b) OR (2) OF THE ACT

[^F19 Form 18 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 23 applies).^F19]

[^F19 Form 19 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 18 applies or, in the case of a modifying agreement, one to which Form 23 applies).^F19]

[^F19 Form 20 Type of agreement: A regulated consumer credit agreement (other than one to which Form 18 or 19 applies or which is a multiple agreement of the kind to which Form 21 or 22 applies or, in the case of a modifying agreement, one to which Form 23 applies).^F19]

[^F19 Form 21 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 18 or 19 applies and at least one part within one category of agreement to which Form 20 applies (other than one to which Form 22 applies).^F19]

[^F19 Form 22 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.^F19]

Form 23 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

EXPLANATORY NOTE

These Regulations prescribe:

(a) the form and content of copy documents required to be provided under the Consumer Credit Act 1974 (Regulations 2, 3, 7, 8, 9 and 10);

(b) the form of the withdrawal notice and heading which, for certain types of prospective land mortgage, must be included in the copy of the agreement given to the debtor or hirer under the Act before the agreement is sent to him for signature (Regulation 4 and Part I of the Schedule);

(c) the form of the cancellation notices to be sent by post to debtors or hirers or to be included in copy agreements given to them under the Act (Regulations 5 and 6 and Parts II to VI of the Schedule); and

(d) the kinds of copy documents which do not need to be provided with copy agreements given under the Act (Regulation 11).

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