Clause 56 - Appeals to the Consumer Credit Appeals Tribunal
Consumer Credit Bill
5:00 pm

Photo of Gerry Sutcliffe

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.

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