HL Deb 25 July 1974 vol 353 cc1903-6

[Nos. 177 to 188]

Clause 147. page 75, line 3. leave out from 'credit' to end of line 4 and insert:

(i) to persons carrying on businesses to which this sub-paragraph applies, or

(ii) in the case of an individual desiring to obtain credit to finance the acquisition or provision of a dwelling occupied or to be occupied by himself or his relative, to any person carrying on a business in the course of which he provides credit secured on land, or'.

Clause 147. page 75,line 6, leave out 'consumer hire businesses' and insert 'businesses to which this paragraph applies'.

Clause 147. page 75,line 8, at end insert:

'(2A) Subsection (2)(a)(i) applies to—

  1. (a) a consumer credit business;
  2. (b) a business which comprises or relates to consumer credit agreements being, otherwise than by virtue of section 16(4)(a), exempt agreements;

(c) a business which comprises or relates to unregulated agreements where—

  1. (i) the proper law of the agreement is the law of a country outside the United Kingdom, and
  2. (ii) if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated consumer credit agreement.

(2B) Subsection (2)(b) applies to—

  1. (a) a consumer hire business;
  2. (b) a business which comprises or relates to unregulated agreements where—

(i) the proper law of the agreement is the law of a country outside the United Kingdom, and

(ii) if the proper law of the agreement were the law of a part of the United Kingdom it would be a regulated consumer hire agreement'.

Clause 148. page 75, line 34. leave out 'or section 75(1) of the Solicitors Measure (Northern Ireland) 1974'.

Clause 148. page 75,line 37, leave out from 'solicitor' to 'engaging' in line 38 and insert 'within the meaning of the Solicitors (Scotland) Act 1933'.

Clause 148. page 75,line 40, at end insert:

'(3A) A solicitor in Northern Ireland engaging in business done, whether as solicitor or advocate, in or for the purposes of proceedings begun before acourt (including the Lands Tribunal for Northern Ireland) or before an arbitrator appointed under the Arbitration Act (Northern Ireland) 1937, not being business contained in section 2 of the Probates and Letters of Administration Act (Ireland) 1857, is not to be treated as doing so in the course of any ancillary credit business'.

Clause 148.,page 76, line 16, leave out 'a consumer credit business or consumer hire business' and insert 'any business other than a debt-collecting business'.

Clause 55, page 79, line 27, leave out 'his employee or agent' and insert 'any other individual'.

Clause 55, page 79,line 29, leave out 'his employee or agent' and insert 'any other individual'.

Clause 157, page 80, line 5, leave out from 'individual' to end of line 11 and insert 'to whom this subsection applies shall cease to be payable or, as the case may be, shall be recoverable by the individual if the introduction docs not result in his entering into a relevant agreement within the six months following the introduction (disregarding any agreement which is cancelled under section 69(1) or becomes subject to section 69(1A)).

(1A) Subsection (1) applies to an individual who sought an introduction for a purpose which would have been fulfilled by his entry into—

  1. (a) a regulated agreement, or
  2. (b) in the case of an individual such as is referred to in section 146(2)(a)(ii), an agreement for credit secured on land, or
    3. 1905
  3. (c) an agreement such as is referred to in section 146(3)(b)) or (c) or (4)(b).

(1B) An agreement is a relevant agreement for the purposes of subsection (1) in relation to an individual if it is an agreement such as is referred to in subsection (1A) in relation to that individual'.

Clause 160, page 81, line 3, leave out 'the payment of' and insert 'such particulars as the agency may reasonably require to enable them to identify the file, and'.

Clause 160,page 82, line 16, at end insert the following new clause:

'Alternative procedure for business consumers

(1) The Director, on an application made by a credit reference agency, may direct that this section shall apply to the agency if he is satisfied—

  1. (a) that compliance with section 160 in the case of consumers who carry on a business would adversely affect the service provided to its customers by the agency, and
  2. (b) that, having regard to the methods employed by the agency and to any other relevant factors, it is probable that consumers carrying on a business would not be prejudiced by the making of the direction.

(2) Where an agency to which this section applies receives a request, particulars and a fee under section 160(1) from a consumer who carries on a business, and section 160(3) does not apply, the agency, instead of complying with section 160, may elect to deal with the matter under the following subsections.

(3) Instead of giving the consumer a copy of the file, the agency shall within the prescribed period give notice to the consumer that it is proceeding under this section, and by notice give the consumer such information included in or based on entries in the file as the Director may direct, together with a statement in the prescribed form of the consumer's rights under subsections (4) and (5).

(4) If within 28 days after receiving the information given him under subsection (3), or such longer period as the Director may allow, the consumer—

  1. (a) gives notice to the Director that he is dissatisfied with the information, and
  2. (b) satisfies the Director that he has taken such steps in relation to the agency as may be reasonable with a view to removing the cause of his dissatisfaction, and
  3. (c) pays the Director the specified fee, the Director may direct the agency to give the Director a copy of the file, and the Director may disclose to the consumer such of the information on the file as the Director thinks fit.

(5) Section 161 applies with any necessary modifications to information given to the consumer under this section as it applies to information given under section 160.

(6) If an agency making an election under subsection (2) fails to comply with subsection (3) or (4) it commits an offence'.

LORD JACQUES

My Lords, Part X of the Bill is concerned with ancillary credit businesses. There are examples in two sets of Amendments which I think I should comment upon. First, the new paragraph in Clause 147 brings within the ambit of the licensing provisions brokers who introduce customers to creditors providing house purchase mortgage loans. These brokers, unlike the building societies and other creditors to whom they make introductions, are not subject to other legislation, and it is, therefore, desirable that they should require licences under the Bill. By the Amendments they are required to have licences.

Secondly, there is a matter which was discussed in this House. Clause 160 gives a consumer the right to obtain from a credit reference agency a copy of any file the agency keeps on him. Anxiety was expressed in this House and elsewhere about the consequences for those credit reference agencies whose reports relate mainly to businesses of having to disclose their sources of information. It was feared that these sources would dry up. The new clause in Amendment No. 188 makes provision for an alternative procedure to apply in relation to requests made by business consumers. The Director is given authority to direct what information an agency is to supply as an alternative to supplying a copy of the entire file on the business consumer. I beg to move that this House doth agree with the Commons in their Amendments Nos. 177 to 188.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Jacques.)

On Question, Motion agreed to.