Schedule 1 - Schedule A1 to the 1974 Act
Consumer Credit Bill
5:00 pm
Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations and Consumer Affairs), Department of Trade and Industry; Bradford South, Labour)
This schedule provides further detail about the Consumer Credit Appeals Tribunal, established in clause 55. The tribunal has been set up to hear appeals against determinations of the OFT, replacing the current system of appeals to the Secretary of State. For example, appeals might be heard against decisions to revoke, vary or suspend a licence, or to impose a requirement or a financial penalty. The schedule establishes the posts of president and deputy president of the tribunal, and appoints a panel of chairmen and a lay panel. It enables the removal of panel members in the case of incapacity or misbehaviour. Paragraphs 5 and 6 enable the Lord Chancellor to appoint and pay for the staff of the tribunal and to pay the president, deputy president and members. It also includes arrangements for the structure of the tribunal and its hours and procedures.
Paragraph 10 lists some of the matters on which the Lord Chancellor may make rules. They are primarily practical arrangements for appeals such as timing, who may appear on behalf of a party, hearings and disclosure of information. It also covers problems such as non-compliance with the rules, administrative errors and what happens if a member of a tribunal becomes unable to act. The list is not exhaustive.
Paragraph 12 sets out the courses of action that the tribunal can take in disposing of an appeal. It is able to confirm, quash or vary the OFT's decision, remit the matter to the OFT for consideration and determination and give directions to the OFT to give effect to the decision. Paragraph 13 states that decisions may be taken by majority, and paragraph 14 enables the tribunal to order that the OFT pay costs to the appellant in a number of given circumstances. In summary, the schedule provides the nuts and bolts of how the tribunal may work. As is usual in the case of tribunals, that will be elaborated on in rules made by the Lord Chancellor. I beg to move that the schedule be agreed to.