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

Clause 56 relates to the new Consumer Credit Appeals Tribunal. The tribunal is being established to hear appeals against determinations of the OFT. It replaces the current system of appeals to the Secretary of State. The clause amends section 41 of the 1974 Act, which contains the existing provisions for appeals. The clause repeals subsections (2) to (5) of section 41 and inserts new subsections.

An appeal should be made by sending the tribunal a notice of appeal in the form specified by the rules. The appeal is by way of a rehearing. This means that the merits of the case are considered by the tribunal on the day that the appeal is heard. The tribunal is able to consider evidence which was not available to the OFT when it made its determination. I hope that hon. Members will support the clause.

Charles Hendry (Shadow Minister, Trade & Industry; Wealden, Conservative)

I have a few further questions on the appeals to the Consumer Credit Appeals Tribunal. What guidance does the Minister expect to be given on the time limits for appeals? Clearly there has to be a final time limit. Does he have anything in mind? Will he give us some further examples of the sort of things that people might appeal against? Could a prospective licensee appeal against a decision not to issue a licence? Could it be against a decision to revoke a licence? Would it be against the level of charges? Could it even be on matters that might otherwise have gone to the courts? We had a lot of discussion on the earlier stages of the Bill about trying to keep things out of the courts. Are there elements of the debate about fairness   and unfairness that can be resolved in this way without the need to go to court?

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

Again, the hon. Gentleman is heading in the right direction with his questions. He asked me how long after a determination a person can appeal to the tribunal. The rules will set limits in relation to anything that is to be done for the purposes of an appeal and for the extension of such time limits. The rules are likely to specify that an appeal must be lodged within 28 days. That is the period under the current regulations and is also in line with normal tribunal practice.

On the question of who can appeal and on what grounds, the relevant sections of the 1974 Act and clauses of the Bill set out who can bring appeals to the tribunal. In general, appeals can be brought by those to whom the OFT's determination relates. As the hon. Gentleman says, they can be brought by a person whose licence has been refused, suspended, revoked, granted in different terms or varied. Likewise, a person who had a licence requirement imposed on him, which was not the same as the one he had suggested or varied, could appeal. Similarly, those named in requirements or whose employment was in some way affected by a requirement may appeal. The penalties imposed for breach of requirements and licences or of the information provisions can also be appealed.

I hope that having heard that explanation hon. Members will support the clause.

Question put and agreed to.

Clause 56 ordered to stand part of the Bill.