Clause 57 - Appeals from the Consumer Credit Appeals Tribunal

Consumer Credit Bill – in a Public Bill Committee at 5:00 pm on 28th June 2005.

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Question proposed, That the clause stand part of the Bill.

Photo of Gerry Sutcliffe Gerry Sutcliffe Parliamentary Under-Secretary (Trade and Industry) (Employment Relations and Consumer Affairs)

Clause 57 deals with appeals to the new Consumer Credit Appeals Tribunal. The tribunal is being set up to hear appeals against determinations of the OFT. It replaces the current system of appeals to the Secretary of State. The clause inserts a new section 41A after section 41 of the Act. It enables appeals on a point of law to be made from the tribunal to the Court of Appeal in England and Wales and in Northern Ireland, and the Court of Session in Scotland. Appeals can be brought by either the appellant or the Office of Fair Trading. Leave to appeal can be given by the Consumer Credit Appeals Tribunal; or, if the tribunal refuses to give its leave, an application for leave to appeal can be made to the Court of Appeal or the Court of Session directly.

The higher court may, if it considers that the tribunal's decision was wrong, quash or vary the decision. It may also substitute its own decision, or remit the matter to the tribunal for a rehearing. Under the clause, tribunal rules may make provision in relation to consequential matters on appeals. Those rules might relate to the form of requests for leave to appeal, or time limits. Leave to appeal to the House of   Lords can also be given. I hope that the Committee will accept the clause.

Question put and agreed to.

Clause 57 ordered to stand part of the Bill.

Clause 58 ordered to stand part of the Bill.