Clause 56 - Appeals to the Consumer Credit Appeals Tribunal
Consumer Credit Bill
2:34 pm

Mr Laurence Robertson (Shadow Minister, Economic Affairs; Tewkesbury, Conservative)

Clause 56 concerns appeals to the consumer credit appeals tribunal. In a wider context, can all OFT determinations be appealed to the tribunal? Does leave have to be sought, or is there an automatic right of appeal? Perhaps the Minister could clarify those two points.

Mr Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations, Competition and Consumers), Department of Trade and Industry; Bradford South, Labour)

I shall try to do that. As the hon. Gentleman said, the clause relates to the new consumer credit appeals tribunal. That tribunal is being established to hear appeals against determinations of the OFT, and it replaces the current system of appeals to the Secretary of State. The clause amends section 41 of the Consumer Credit Act 1974, which contains the existing provisions for appeals against OFT determinations. The clause would repeal subsections (2) to (5) of section 41 and insert the new subsections proposed in subsection (2).

Appeals should be made by sending the tribunal notice of appeal in the form specified by the rules. Appeals are be carried out by way of a rehearing, which means that the merits of the case are considered by the tribunal on the day that the appeal is heard. The tribunal will then able to consider evidence that was not available to the OFT at the time that it made its determination. There is no requirement for leave to be granted to appeal determinations of the OFT to the new tribunal. I hope that that is helpful.

Question put and agreed to.

Clause 56 ordered to stand part of the Bill.

Clauses 57 and 58 ordered to stand part of the Bill.