Consumer Credit Act 1995

Moneylender to issue authorisation to persons engaging in moneylending on his behalf off business premises.

97

97.(1) A holder of a F149[high cost credit provider’s licence] shall issue, in writing and in such form as may be specified by the F150[Bank], to any person engaging in F149[the provision of high cost credit] on his behalf, at a place other than a business premises of the holder F149[used for the provision of high cost credit], authorisation to so engage, signed by or on behalf of the licence holder.

(2) An authorisation issued under subsection (1) shall cease to have effect should F149[the high cost credit provider] who issued it cease to be the holder of a F149[high cost credit provider’s licence].

(3) A person shall not engage in F149[the provision of high cost credit] on behalf of the holder of a F149[high cost credit provider’s licence] at a place other than the business premises of the holder unless he holds an authorisation issued under subsection (1).

(4) A person shall not alter, deface or falsify or attempt to alter, deface or falsify an authorisation issued under subsection (1).

(5) In any proceedings for an offence for contravening subsection (3) it shall be a defence for the accused to show that he had reasonable grounds to believe that any authorisation issued to him to engage F149[in the provision of high cost credit] on behalf of a F149[high cost credit provider] was bona fide issued under this section and in force.

Annotations

Amendments:

F149

Substituted (14.11.2022) by Consumer Credit (Amendment) Act 2022 (13/2022), s. 15(1) and sch. 1 part 1 items 21-24, S.I. No. 575 of 2022.

F150

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 part 21 item 24, S.I. No. 160 of 2003, subject to transitional provision in s. 36 and sch. 3 para. 20(1).