LegalizeThe Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014
Made: 27th February 2014
Coming into force in accordance with article 1
Accordingly, the Secretary of State makes the following Order, in exercise of the power conferred by section 30 of the Energy Act 2011[^f00002].
Citation, commencement, application and extent
1
- (1) This Order may be cited as the Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014.
- (2) This Order comes into force on the day after the day on which this Order is made.
- (3) This Order does not apply to a green deal plan (within the meaning of section 1 of the Energy Act 2011) made before the date on which this Order comes into force.
- (4) This Order extends to England and Wales and Scotland only.
Interpretation
2
In this Order “the Act” means the Consumer Credit Act 1974[^f00003].
Amendment to section 8 of the Act (consumer credit agreements)
3
In section 8 of the Act[^f00004], after subsection (3) insert—
(4) Subsection (1) does not apply in relation to an agreement that is a green deal plan (see instead section 189B).
Amendment to section 16B of the Act (exemption relating to businesses)
4
In section 16B(1A)(c) of the Act[^f00005]—
- (a) after “plan” insert “made in relation to a property that is not a domestic property (as defined by section 189B(8))”; and
- (b) omit “(within the meaning of section 1 of the Energy Act 2011)”.
Amendment to section 189 of the Act (definitions)
5
In section 189(1) of the Act—
- (a) in the definition of “creditor”, after “means” insert “(except in relation to green deal plans: see instead section 189B(2))”;
- (b) in the definition of “debtor”, after “means” insert “(except in relation to green deal plans: see instead section 189B(3))”; and
- (c) after the definition of “goods” insert—
- “green deal plan” has the meaning given by section 1 of the Energy Act 2011;
Amendments to the Act regarding the circumstances in which a green deal plan is treated as a consumer credit agreement, and the persons who are to be treated as being the creditor and the debtor in relation to a green deal plan
6
After section 189A of the Act insert—
(189B) (1) A green deal plan is to be treated as a consumer credit agreement for the purposes of this Act if (and only if)— (a) the property in relation to the plan is a domestic property at the time when the plan is commenced, or (b) if paragraph (a) does not apply, the occupier or owner of the property who makes the arrangement for the plan is an individual. (2) In the application of this Act to a green deal consumer credit agreement— (a) the creditor is to be treated as being— (i) the green deal provider (within the meaning of Chapter 1 of Part 1 of the Energy Act 2011) for the plan, or (ii) the person to whom the provider’s rights and duties under the plan have passed by assignment or operation of law, (b) credit is to be treated as advanced under the agreement of an amount equal to the amount of the improvement costs, and (c) the advance of credit is to be treated as made on the completion of the installation of the energy efficiency improvements to the property (but this paragraph is subject to any term of the green deal plan providing that part of the advance is to be treated as made on completion of any part of the installation). (3) A reference in a provision of this Act listed in the first column of the table in Schedule 2A to the debtor is, in the application of the provision in relation to a green deal consumer credit agreement, to be read as a reference to— (a) a person who at the relevant time falls (or fell) within the description or descriptions specified in the corresponding entry in the second column of the table, or (b) if more than one description is specified and at the relevant time different persons fall (or fell) within the descriptions, each of those persons, and except as provided by this subsection, a person is not and is not to be treated as the debtor in relation to the agreement. (4) Where by virtue of subsection (3) a reference to the debtor in a listed provision is to be read as a reference to the improver, it is to be assumed in applying the provision in relation to the green deal consumer credit agreement that the improver is provided with credit on the terms of the green deal plan. (5) Where by virtue of subsection (3) a reference to the debtor in a listed provision is to be read as a reference to a person who is not the improver, it is to be assumed in applying the provision in relation to the green deal consumer credit agreement— (a) if the provision in question is any of sections 94 to 97A[^f00006] (which together make provision about early payment by the debtor), that the person is provided with credit on terms that the person is liable to pay all the instalments under the green deal plan; (b) in any other case, that the person is provided with credit on those terms of the green deal plan that bind or benefit the person for any period by virtue of regulations under section 6(2)(b) of the Energy Act 2011. (6) References in this section and in Schedule 2A to the “improver”, “first bill payer”, “current bill payer” and “previous bill payer” are to be read as follows— (a) a person is the “improver” if the person— (i) is the owner or occupier of the property, and (ii) is the person who makes (or has made or proposes to make) the arrangement for the green deal plan, but this is subject to section 189C(4) in cases where the person is not an individual; (b) a person is the “first bill payer” if the person is liable to pay the energy bills for the property at the time when the green deal plan is commenced; (c) a person is the “current bill payer” if the person is liable by virtue of section 1(6)(a) of the Energy Act 2011 to pay instalments under the plan as a result of being for the time being liable to pay the energy bills for the property; (d) a person is a “previous bill payer” if, as a result of previously falling within paragraph (c) for an earlier period, the person has an outstanding payment liability under the plan in respect of that period. (7) References in this Act to a prospective consumer credit agreement, and references to the creditor and debtor in relation to such an agreement, are to be read in accordance with this section in the case of prospective green deal consumer credit agreements. (8) In this section and in section 189C— - “domestic property” means a building or part of a building that is occupied as a dwelling or (if not occupied) is intended to be occupied as a dwelling; - “energy bill” has the same meaning as in section 1 of the Energy Act 2011; - “energy efficiency improvements” has the meaning given by section 2(4) of the Energy Act 2011; - “green deal consumer credit agreement” means a green deal plan that is to be treated as a consumer credit agreement for the purposes of this Act by virtue of subsection (1); - “improvement costs”, in relation to a green deal plan, are the costs of the energy efficiency improvements to the property which are to be paid by instalments under the plan after the time when credit is to be treated as being advanced by virtue of subsection (2) (but ignoring any interest or other charges for credit in determining those costs); - “listed provision” means a provision of this Act listed in the first column of Schedule 2A; - “occupier” and “owner” have the same meanings as in Chapter 1 of Part 1 of the Energy Act 2011; - “property”, in relation to a green deal plan, means the property to which the energy efficiency improvements under the plan are or are intended to be made. (189C) (1) A green deal consumer credit agreement is to be treated— (a) as an agreement for fixed-sum credit within the meaning of section 10(1)(b)[^f00007]; (b) as a credit agreement for the purposes of sections 140A and 140B (and section 140C(1) is to be read accordingly)[^f00008]. (2) Where a green deal consumer credit agreement is a regulated agreement within the meaning of this Act (see section 8(3)), it is to be treated as a restricted-use agreement that falls within section 11(1)(a). (3) Sections 81[^f00009], 140C(2) and 176(5) do not apply in the case of a green deal consumer credit agreement. (4) A person who is not an individual is to be treated as the improver in relation to any listed provision in the first column of the table in Schedule 2A only if the corresponding entry in the second column of the table so specifies. (5) For the purposes of section 189B— (a) a green deal plan is commenced when— (i) the occupier or owner of the property signs in the prescribed manner a document in relation to the plan in accordance with section 61(1) (requirements as to form and content of regulated agreements)[^f00010], or (ii) if the occupier or owner of the property does not sign such a document, the green deal plan is made; (b) a person is liable to pay the energy bills for a property at any time if the person would be treated as the bill payer for the property at that time for the purposes of Chapter 1 of Part 1 of the Energy Act 2011 (see section 2(3) and (10)). (189D) (1) For the period beginning on the date when this section comes into force and ending on 31st March 2014, the table in Schedule 2A is to be read as if it included the following entries—
| Section of this Act | References to “debtor” are to be read as references to the… |
|---|---|
| Sections 16, 16A, 16B, 16C[^f00011] | - improver |
| Section 20[^f00012] | improver first bill payer |
| Section 40[^f00013] | improver (including an improver who is not an individual) current bill payer previous bill payer |
| Section 55A[^f00014] | improver first bill payer, except for the purposes of subsection (1)(b) |
| Section 55B[^f00015] | improver first bill payer |
| Section 82A[^f00016] | improver current bill payer previous bill payer |
| Section 145[^f00017] | current bill payer previous bill payer |
| Section 149[^f00018] | improver (including an improver who is not an individual) current bill payer previous bill payer |
| Section 160A[^f00019] | - improver |
(2) This section ceases to have effect on 1st April 2014.
Meaning of “debtor” in relation to green deal plans
7
After Schedule 2 to the Act (examples of use of new terminology) insert the following Schedule—
SCHEDULE 2A
| Section of this Act | References to “debtor” are to be read as references to the… |
|---|---|
| Section 19 | - improver |
| Section 55[^f00020] | - improver |
| Section 55C[^f00021] | improver first bill payer |
| Section 56 | improver first bill payer |
| Section 57 | - improver |
| Section 59 | - improver |
| Sections 60 and 61[^f00022] | - improver (including an improver who is not an individual) |
| Section 61A[^f00023] | - improver |
| Sections 62, 63, 64[^f00024] | - improver |
| Section 65 | improver current bill payer previous bill payer |
| Section 66A[^f00025] | - improver |
| Sections 67, 68, 69, 70, 71, 72, 73[^f00026] | - improver |
| Section 75A[^f00027] | - improver |
| Sections 76 and 77[^f00028] | current bill payer previous bill payer |
| Section 77A[^f00029] | - current bill payer |
| Section 77B[^f00030] | improver current bill payer |
| Section 78A[^f00031] | improver current bill payer |
| Section 80 | - improver |
| Section 82[^f00032] | improver current bill payer previous bill payer |
| Section 86 | current bill payer previous bill payer |
| Section 86E[^f00033] | current bill payer previous bill payer |
| Section 86F[^f00034] | current bill payer previous bill payer |
| Section 87[^f00035] | current bill payer previous bill payer |
| Section 89 | current bill payer previous bill payer |
| Section 93[^f00036] | current bill payer previous bill payer |
| Sections 94, 95, 95A, 95B, 96, 97, 97A[^f00037] | improver current bill payer |
| Section 98 | current bill payer previous bill payer |
| Sections 102, 103, 105, 107, 110, 113[^f00038] | - improver |
| Sections 123[^f00039], 124 | current bill payer previous bill payer |
| Section 127[^f00040] | improver current bill payer previous bill payer |
| Sections 128, 129, 130, 130A[^f00041] | current bill payer previous bill payer |
| Sections 140A, 140B, 140C[^f00042] | improver current bill payer previous bill payer |
| Section 141(1), (2), (3A), (3B) | improver current bill payer previous bill payer |
| Section 157[^f00043] | improver first bill payer |
| Section 173[^f00044] | improver current bill payer previous bill payer |
| Section 179 | improver first bill payer current bill payer previous bill payer |
| Section 185(1), (2), (2A), (2B), (2C), (2D), (4)[^f00045] | - current bill payer |
| Section 187A[^f00046] | current bill payer previous bill payer |
| Section 189(1), so far as relating to definition of “security” | - improver |
Consequential amendments to sections 21, 77, 77A, 77B, 86B and 95B of the Act
8
- (1) In section 21(6) of the Act[^f00047]—
- (a) omit paragraph (a) (including “and” at the end of that paragraph); and
- (b) in paragraph (b), for “that Act” substitute “the Energy Act 2011”.
- (2) In sections 77(2A), 77A(2A), 77B(7A), 86B(12A)(b)(iii) and 95B(1)(b) of the Act[^f00048], omit “(within the meaning of section 1 of the Energy Act 2011)”.
Signed
Gregory Barker — Minister of State — Department of Energy and Climate Change — 27th February 2014
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order relates to the green deal energy efficiency scheme established by Chapter 1 of Part 1 of the Energy Act 2011 (the “2011 Act”).
This Order applies in Great Britain and is made under section 30 of the 2011 Act. It makes amendments to the Consumer Credit Act 1974 (the “1974 Act”) in consequence of the provisions of Chapter 1 of Part 1 of the 2011 Act.
This Order makes provision as to the treatment of green deal plans under the 1974 Act and, in particular, the circumstances in which a green deal plan is a consumer credit agreement and the persons who are to be treated as being the creditor and the debtor in relation to a green deal plan.
In the case of the debtor, the Order makes provision as to the sections of the 1974 Act in respect of which different categories of person are to be treated as the debtor.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Footnotes
[^f00001]: 2011 c.16.
[^f00002]: Section 30 is amended by S.I. 2013/1881, article 28 and paragraph 17 of the Schedule. The amendments came into force on 26th July 2013 for the purpose of making orders and come into force on 1st April 2014 for remaining purposes.
[^f00003]: 1974 c.39.
[^f00004]: Section 8 was amended by sections 2(1) and 5(1) of the Consumer Credit Act 2006 (c.14) and S.I. 2008/2826, article 3(2). Section 8(3) is amended with effect from 1st April 2014 by S.I. 2013/1881, article 20(3).
[^f00005]: Section 16B was inserted by section 4 of the Consumer Credit Act 2006 and was amended by section 25 of the Energy Act 2011. Section 16B is repealed with effect from 1st April 2014 by S.I. 2013/1881, article 20(7).
[^f00006]: Section 94 was amended by S.I. 2010/1010, regulations 2 and 30, and section 29 of the Energy Act 2011. Section 95 was amended by S.I. 2010/1010, regulations 2 and 31. Section 95A was inserted by S.I. 2010/1010, regulations 2 and 32. Section 95B was inserted by section 29 of the Energy Act 2011. Section 97 was amended by S.I. 2008/1277, regulation 30, Schedules 2 and 4 and S.I. 2010/1010, regulations 2 and 33. Section 97A was inserted by S.I. 2010/1010, regulations 2 and 34, and amended by section 29 of the Energy Act 2011.
[^f00007]: Section 10(1) was amended by section 5 of the Consumer Credit Act 2006.
[^f00008]: Sections 140A to 140C were inserted by sections 19 to 21 of the Consumer Credit Act 2006. Section 140A is amended by S.I. 2013/1881, regulation 20, which came into force for certain purposes on 26th July 2013, and comes into force for remaining purposes on 1st April 2014.
[^f00009]: Section 81 is repealed by S.I. 2013/1881, article 20, with effect from 1st April 2014.
[^f00010]: Section 61 was amended by S.I. 2004/3236, article 2.
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