Title, commencement, revocation and savings

1. —(1) These Regulations may be cited as the Consumer Credit (Credit Reference Agency) Regulations 2000 and shall come into force on 1st March 2000.

(2) Subject to paragraph (3) below, the Consumer Credit (Credit Reference Agency) Regulations 1977( 3 ) are revoked.

(3)The Consumer Credit (Credit Reference Agency) Regulations 1977 shall continue to apply—

(a) in any case where a credit reference agency has, on or before 29th February 2000, received a request under section 158(1) of the 1974 Act (other than a request made by reference to the 1998 Act) but does not, until after that date, comply with section 158(1) and (2) of that Act or deal with the request under section 160(3); and

(b) in any case where a credit reference agency has received a request under section 158(1) of the 1974 Act and has complied with section 158(1) and (2) of that Act or dealt with the request under section 160(3) before 1st March 2000.

Interpretation

2. In these Regulations—

“the 1974 Act” means the Consumer Credit Act 1974;

“the 1998 Act” means the Data Protection Act 1998;

“agency” means a credit reference agency; and

“business consumer” means a consumer( 4 ) carrying on a business who has been given information under section 160 of the 1974 Act.

Prescribed period for the purposes of sections 157(1), 158(1) and 160(3) of the 1974 Act

3. The period of seven working days is prescribed for the purposes of sections 157(1), 158(1) and 160(3) of the 1974 Act.

Statement of rights under sections 159 and 160 of the 1974 Act

4. —(1) The form in Schedule 1, completed in accordance with the footnotes, is prescribed for the purposes of section 9(3) of the 1998 Act.

(2) The form in Schedule 2, completed in accordance with the footnotes, is prescribed for the purposes of section 158(2) of the 1974 Act.

(3) The form in Schedule 3, completed in accordance with the footnotes, is prescribed for the purposes of section 160(3) of the 1974 Act.

Applications to the relevant authority under section 159(5) of the 1974 Act

5. —(1) This regulation prescribes the manner in which applications under section 159(5) of the 1974 Act by—

(a) objectors( 5 ),

(b) business consumers, and

(c) agencies

shall be made to the relevant authority( 6 ).

(2) An application by an objector, a business consumer or an agency shall state the name and address of the agency and of the objector or business consumer and shall give an indication of when the notice of correction under section 159(3) of the 1974 Act was served by the objector or business consumer on the agency.

(3) An application by an objector or a business consumer shall give particulars of the entry in the file or, as the case may be, of the information received by him from the agency and shall state why he considers the entry or information to be incorrect and why, if it is not corrected, he considers that he is likely to be prejudiced.

(4) An application by an agency shall be accompanied by—

(a) a copy of the file given by the agency to the objector, or of the information given by the agency to the business consumer under section 160(3) of the 1974 Act;

(b) a copy of the notice of correction; and

(c) a copy of related correspondence and other documents which have passed between the agency and the objector or business consumer;

and shall state the grounds upon which it appears to the agency that it would be improper for it to publish the notice of correction.

Regulation 4(1)

SCHEDULE 1 CREDIT REFERENCE AGENCY FILES

INDIVIDUALS (INCLUDING SOLE TRADERS)

Regulation 4(2)

SCHEDULE 2 CREDIT REFERENCE AGENCY FILES

PARTNERSHIPS AND OTHER UNINCORPORATED BODIES

Regulation 4(3)

SCHEDULE 3 CREDIT REFERENCE AGENCY FILES

BUSINESS CONSUMERS

(PARTNERSHIPS AND OTHER UNINCORPORATED BODIES ONLY)