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Statutory Instruments

2007 No. 123 (C. 6)

CONSUMER CREDIT

The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007

Made

23rd January 2007

The Secretary of State makes the following Order in exercise of the powers conferred by sections 69(2) to (5) and 71(2) of the Consumer Credit Act 2006(1).

CitationI1

1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions [F1and SavingsF1] ) Order 2007.

InterpretationI2

2. In this Order “the 2006 Act” means the Consumer Credit Act 2006 .

CommencementI3

3.—(1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

Transitional ProvisionsI4,I5

4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007.

5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in—

(a)sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

(c)section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor’s case with section 77A of that Act,

in relation to agreements made before 6 April 2007.

Ian McCartney

Minister for Trade, Investment and Foreign Affairs

Department of Trade and Industry

23rd January 2007

Article 3(1)

SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 31st JANUARY 2007 I6

Provisions Subject matter of provisions
Section 8 OFT to prepare information sheets on arrears and default
Section 69(1) insofar as it relates to paragraph 5 of Schedule 3 Transitional provision
Paragraph 5 of Schedule 3 Transitional provision relating to section 8

Article 3(2)

SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 6TH APRIL 2007 I7

Provisions Subject Matter of Provisions
Section 1 Definition of individual
[F2 Section 5(5), (6), (8) and (9) Consequential amendments relating to section 1F2]
Section 15 Repeal of section 127(3) to (5) of the 1974 Act (enforcement orders in cases of infringement)
Section 19 Unfair relationships between creditors and debtors
Section 20 Powers of court in relation to unfair relationships
Section 21 Interpretation of sections 140A (unfair relationships between creditors and debtors) and 140B (powers of court in relation to unfair relationships) of the 1974 Act
Section 22

Further provision relating to unfair relationships

Repeal of sections 137 to 140 of the 1974 Act (extortionate credit bargains)

[F3 Section 69(1) insofar as it relates to paragraphs 1(2), 11, 14 to 16 and 29 of Schedule 3 Transitional provision and savingsF3]
[F4 Section 70 insofar as it relates to provisions in Schedule 4 brought into force on 6th April 2007 by this Order RepealsF4]
[F4 Paragraph 1(2) of Schedule 3 Transitional provisions and savingsF4]
Paragraph 11 of Schedule 3 Saving relating to repeal of section 127(3) to (5) of the 1974 Act (enforcement orders relating to improperly executed agreements)
Paragraph 14 of Schedule 3 Transitional provision relating to section 140B of the 1974 Act (powers of court in relation to unfair relationships)
Paragraph 15 of Schedule 3 Saving relating to repeal of sections 137 to 140 of the 1974 Act
Paragraph 16 of Schedule 3 Transitional provision relating to sections 140B and 140C (interpretation of sections 140A and 140B)
[F5 Paragraph 29 of Schedule 3 Transitional provisionF5]
Schedule 4 for the purposes of the entries relating to sections [F616(7),F6] 127(1) and (3) to (5), 137 to 140, 143(b), [F7171(7)F7] , 181(1) in respect of the words “139(5) and (7)”, 181(2) in respect of the words “or 139 (5) or (7)” and 185(3) of the 1974 Act[F8 , the Bankruptcy (Scotland) Act 1985 (c.66), the Insolvency Act 1986 (c.45) and the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))F8] Repeals
Status: There are currently no known outstanding effects for The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007.
The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (2007/123)
Version from: 6 April 2007

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in art. 1 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(2) inserted
F2 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(a) inserted
F3 Words in Sch. 2 substituted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(b) substituted
F4 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(c) inserted
F5 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(d) inserted
F6 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(e)(i) inserted
F7 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(e)(ii) inserted
F8 Words in Sch. 2 inserted (13.2.2007) by The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) (Amendment) Order 2007 (S.I. 2007/387), art. 2(3)(e)(iii) inserted
I1 Art. 1 in force at made date
I2 Art. 2 in force at made date
I3 Art. 3 in force at made date
I4 Art. 4 in force at made date
I5 Art. 5 in force at made date
I6 Sch. 1 in force at 31.1.2007, see art. 3(1)
I7 Sch. 2 in force at 6.4.2007, see art. 3(2)
Defined Term Section/Article ID Scope of Application
debtor art. 4. def_13612c1388
hirer art. 4. def_3c6b685f62
the 2006 Act art. 2. def_2c2e454ac2

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